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vicky20

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About vicky20

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  1. vicky20

    H1B- Amendment / Transfer

    Are you out of status for 2 years now? If you have only 1 year valid I-94 from 2015, then you should have started extension and got it done by 2016.
  2. While applying to renew my spouse's EAD, I see that that latest I-765 form has a expiration of 02/28/2018. Is it okay to apply using this form though it appears expired but it seems to be the latest one available still? Anyone who has applied after 2/28, please chime in if it worked out okay.
  3. Hi Seahawk, Did you have any break in the employment of your spouse while the H4 EAD extension was being filed?
  4. I would like to ask here, and also hear how others have approached this situation. Once you file H1B Extension, you can legally stay and work for 8 months while you wait for the decision where as for H4 EAD, it will simply expire. Employers normally start H1B extensions 6 months before it expires. There is a high potential for the extension of H1/H4, followed by the H4 EAD extension to take more than 6 months. How can we avoid break from current employment during such situation? This is my first time. I know premium processing is one option but wanted to her all ideas from those with experience on this matter.
  5. vicky20

    H4 EAD while pending H1B & H4 Extensions

    If you are desperate you should submit. If the govt dismiss the h4 ead program it should affect all ead, not just the new ones. Like I posted on another thread the card will be valid only as long as the current h1 is, and you would reapply again to renew. This is just my opinion. May be untrue.
  6. vicky20

    EAD application with h4 extenaion receipt

    Applying together is a better idea, Recommend waiting otherwise because the ead card may be valid only as long as your h1 is, resulting in applying again. Let's say you get 3 more years of h1 approved then the EAD card applied with that 797 would have 3 yrs. see page 5: here: https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf?download=1
  7. vicky20

    EAD card arrived, H4 still pending.

    Have a weird situation. Could this be a software error on USCIS part? 2 months ago, We applied for H4 (COS from H1) and H4 EAD together. Got our EAD application approved and card arrived in the mail pretty soon, but the H4 approval is still pending for over a month. What to do now. Thanks for your answers.
  8. vicky20

    H4 EAD while pending H1B & H4 Extensions

    Ask them if they can include the documents that you mail them as part of their packet. I did this for my wife and it worked out okay. I included the $410 check, plus all documents required and mailed it to the attorney, and the put it in the same H4 packet and sent it to USCIS. When you combine them and apply it happens faster and is convenient. The employer's attorney gets all the receipt notice, RFE's if any, for the H4, while we get the receipt notice and RFE's for the EAD application. If none of this is possible, just wait till it is fully approved. A receipt notice might not guarantee that your H4 is approved and may not prove your eligibility for an EAD. Read the instructions PDF of the EAD immigration form ( Instructions for Form I-765 (PDF, 332 KB) )
  9. Thank you for any ideas you have on these questions. My spouse's current H1 petition is good till Sep '17, and is applying COS to H4 [quitting the job, trying for H4 EAD]. What should be the effective date that we need to mention on this I-539 form? for example Last working day + 1 day seems a more appropriate start date for the new status. Is there any flexibility on what this date should be, for example filing within a month's time of last working day? Does USCIS approve based on what we mention as effective date or just pick the day they review and approve as the effective date?
  10. vicky20

    H4 EAD

    1. c (26) is correct. 2. Q.19 is not applicable for your case, but Q.18 is, if that's what you meant. It states the following. Here we should put your latest H1 797 petition's receipt no. c (26) Eligibility Category 3. Q.11 is only if your wife had ever filed a I-765 before for EAD. H1 does not count. Check No there. I am not an expert but I am trying to find the same answers as you, and thus sharing based my current knowledge.
  11. vicky20

    Reg. Proof of Status for I-765

    Thanks for helping with my question below. One of the following proof of status was requested when applying for H4 EAD (I-765) as "Spouse of an H-1B Nonimmigrant--(c)(26)." Proof of Your Status. Submit a copy of your current Form I-797 approval notice for Form I-539 or Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay; I would like to know if the I-94 admission record (2nd option above) must have a valid expiry date, in other words if this I-94 has crossed the expiry date what additional documents would be necessary?
  12. My immigration status went into a messed up state, so I came here to seek some advise. 1) I don't have an LCA for my current work location, and it's been already 7 months since I started working here. What legal implications can this have when I apply for a new LCA now? My employer claims an LCA was filed but not able to share it with me, so it was probably never filed. In Principle, An LCA shoud be filed before one can start to work there. 2) My current H1 petition expires in Dec '15. So I need to file an extension (and amendment as well due to change of location). This needs the LCA to start with, so not sure if I will get it after filing so late. What would be the latest date I should have filed an H1 extension before I will be considered "Out of Status" / "Not authorized to stay or work in the U.S"? 3) When it comes to legal status, What has higher preference amongst visa, petition and I-94? My current employer's petition is valid till Dec'15. My I-94 is valid till Jun'16. I haven't stamped a visa yet with my current employer. The most recent visa stamp is valid till Jun'16 [but it's filed by prev. employer]
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