seahawk Posted April 4, 2017 Report Share Posted April 4, 2017 Hello guys, I got my I-140 approved last week and my current H1-B expires on Oct 01, 2017. 1) I am planning to apply for my spouse's H4-EAD, this week, with my current I-797 and approved I-140 knowing that it will be valid only for few months with Oct 01 expiry. 2) Now, my employer is planning to apply for my H1-B/H4 extension in next week or so, since there is no premium and don't know how long regular might take. Can I apply for H4-EAD (don't know if it will be NEW or RENEWAL), along with my H1-B extension, for employment after Oct 01? If I cannot, then I foresee a break in my spouse's employment authorization after Oct 01, assuming H1-B premium remains suspended until Sep/Oct. In that case, should I a) Do (1) above and just do h1-B/h4 extension in (2), and apply for h4-ead renewal after I get approval from (1)? or b) Don't do (1) and Do H1-B/H4/H4-EAD together in one single shot. I can't figure which one is better than the other. Please advise. I tried to keep it simple and neat but if I ended up confusing you guys, I am sorry. Link to comment
shekar11# Posted April 5, 2017 Report Share Posted April 5, 2017 23 hours ago, seahawk said: Hello guys, I got my I-140 approved last week and my current H1-B expires on Oct 01, 2017. 1) I am planning to apply for my spouse's H4-EAD, this week, with my current I-797 and approved I-140 knowing that it will be valid only for few months with Oct 01 expiry. 2) Now, my employer is planning to apply for my H1-B/H4 extension in next week or so, since there is no premium and don't know how long regular might take. Can I apply for H4-EAD (don't know if it will be NEW or RENEWAL), along with my H1-B extension, for employment after Oct 01? If I cannot, then I foresee a break in my spouse's employment authorization after Oct 01, assuming H1-B premium remains suspended until Sep/Oct. In that case, should I a) Do (1) above and just do h1-B/h4 extension in (2), and apply for h4-ead renewal after I get approval from (1)? or b) Don't do (1) and Do H1-B/H4/H4-EAD together in one single shot. I can't figure which one is better than the other. Please advise. I tried to keep it simple and neat but if I ended up confusing you guys, I am sorry. Option 1 is better. Apply for H-4 EAD now. Once that is approved, you can start the H-1, H-4, H-4 EAD extension process. You can upgrade to premium whenever the service is available. USCIS said 6 months but it can be earlier. They just give the worst case scenario. This way your spouse can avoid gap in employment. Link to comment
seahawk Posted April 6, 2017 Author Report Share Posted April 6, 2017 Thanks for your insight Shekar..!!! I am going to move ahead with option 1 :) Link to comment
vicky20 Posted March 25, 2018 Report Share Posted March 25, 2018 Hi Seahawk, Did you have any break in the employment of your spouse while the H4 EAD extension was being filed? Link to comment
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