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BlueBerry2015

H1 to H4 EAD conversion of spouse - Maternity leave

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can you please let me know if below is possible.

  1. I am on H1B and my husband is also on H1B. My H1B is extended for next 3 years last month, we would like to know if converting my husband's H1B to H4 EAD is possible.(I have approved I-140)
  2. If above is possible, I will be on maternity leave from March 2019 for 3-6 months. Can my husband continue to work on H4 EAD during my maternity leave? Wanted to confirm as I will be still full time employee of my company with benefits but without paycheck.
  3. During my maternity leave, I 'may' go to India for a month. Can my husband work during this time?

Please let me if you need more information so that I can proceed as per your response.

TIA.

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58 minutes ago, BlueBerry2015 said:

can you please let me know if below is possible.

  1. I am on H1B and my husband is also on H1B. My H1B is extended for next 3 years last month, we would like to know if converting my husband's H1B to H4 EAD is possible.(I have approved I-140)
  2. If above is possible, I will be on maternity leave from March 2019 for 3-6 months. Can my husband continue to work on H4 EAD during my maternity leave? Wanted to confirm as I will be still full time employee of my company with benefits but without paycheck.
  3. During my maternity leave, I 'may' go to India for a month. Can my husband work during this time?

Please let me if you need more information so that I can proceed as per your response.

TIA.

1- Yes , He should either apply for h1 to h4 change of status in usa(will take months) or leave and come back with consulate h4 visa application. Consulate path will take much less time. Once in usa under h4, you can then apply for h4ead. Make sure you send all documents to avoid rfe. Send your and his last 2 years of tax returns, marriage cert, w2s, h1b copies. i94s. Throw a sink at uscis and don't let them rfe you and waste your time.

2- Yes , if he maintains h4 and h4 ead is valid, he can work without any issues.

3- Yes. Same as 2.  No relevance on your India visit. As long as h4ead is valid and he is maintaining h4 status all is good.

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