H4 EAD application possible in H4 Consular Processing


H1B_No_Paystubs

Recommended Posts

Hi,

    I am currently on H1B and I-797 valid till Sep-2018 and currently in US.( valid I-94 till sep-2018 ) . As my employer is not providing paystubs for last 2-3 months , lawyer suggested me to travelling to my home country to convert to H4 through consular processing interview. Current Project is ongoing .

My spouse has I-140 approved and so i am planning to continue my work in H4-EAD. 

Q1. Can i apply H4 EAD together with my H4 consular processing or should i have to be back in US on H4 status ( with valid I-94 ) to apply for EAD. ?

Appreciate your response. 

 

Link to comment

First, on H1 you have to get paid all the time. If the employer doesn't pay you, file a complaint with DOL on form WH4.

Second, the EAD would only be processed once you are in H4 status. So there will for sure be a gap where you can't work.

 

Link to comment

Archived

This topic is now archived and is closed to further replies.