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This week, Murthy Law Firm attorneys will answer questions regarding the H-4 EAD program.

Rules for Topic of the Week Threads:

  1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
  2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not provide information which would identify any specific company, university or individual.

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4 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding the H-4 EAD program.

Rules for Topic of the Week Threads:

  1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
  2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not provide information which would identify any specific company, university or individual.

Can I apply H4 EAD along with my husband's H1-B extension (premium)? If yes, what is the process?

Edited by Swaruk

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hi

I am planning to apply H4-EAD to my wife along with my H1B extension petition in premium processing. Her OPT expires this September. If she can't get through the lottery, she has to to resign and quit from her company. To avoid that scenario,

a. Is it safe to apply her H4-EAD now and try her luck for FY20 cap ? (This is due to the fact that today USCIS submitted OMB the proposal to rescind H4 EAD) 

                        (or)

b. better wait till the lottery result and then apply H4-EAD during June time frame?   (not sure if H4-EAD will be rescinded before June-Sept period)   

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My spouse has completed her 6 years on H1B and is currently on H4EAD which expires in 2021 and is currently working for an employer. If her employer files for her GC process directly and if the H4EAD is revoked, can she continue to work since her employer has filed for GC? Will she have to leave US for a year to get her H1B filed again? I guess my main question is what can we do so she doesn't have to leave US if the employer is willing to do GC?

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Hi,

I have filed for change of status to H4 and H4-ead from H1B. My H1B has expired so I am in the pending period between status, and I am on leave of absence now from my company. My company has issued a performance bonus based on last year's performance when I was on H1B, am I allowed to receive this under the existing condition?

At the same time, my spouse's H1B is due for extension so we are filing H1B extension, H4 extension and H4EAD again all under premium processing. My question is, is this submission allowed when my previous applications are pending? Will this case take precedence over the pending submissions?

Thank you.

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H4 EAD revocation seems to be really slow process as it involves multiple steps. Do you have any timeline on when this will be done, if at all? It has been going on since 2017. In two more years, there might be a new president and they might just forget about the H4 revocation stuff by then.

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Hi,

I have changed my status from H1B to H4 in 2017 and working on H4EAD since then. I also have valid H1B expiring in Aug 2019. I have not used all the six years of my H1 B as I have changed my status to H4, and hence my H1 B still have almost 2 years remaining as cap gap exempt period. Since the H4 EAD revocation rule is progressing, shall I consider change of status to H1B again? Additionally, I am in process of joining new employer on H4 EAD. Would it be better & safe to ask new employer to transfer H1B instead of joining on H4 EAD?

Will I still be able to transfer H1B with new employer if it has been expired but I have not used all the six years of my h1B? Please advise.

 

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On 2/21/2019 at 8:58 PM, Orch said:

Will existing EADs will be allowed to work till their expiry or can existing eads be terminated?

Unfortunately, it is not yet clear how a proposed rule will affect existing H4EADs. Once more information is known we will publish it through the Murthy Bulletin.  https://murthy.us1.list-manage.com/subscribe?u=682b25f2cd6f7fb031591bd27&id=b68c057087

 

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On 2/21/2019 at 9:00 PM, Swaruk said:

Can I apply H4 EAD along with my husband's H1-B extension (premium)? If yes, what is the process?

Yes, you can concurrently file an H4EAD request with an H1B and H4 extension filing. 

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On 2/21/2019 at 11:59 PM, client1 said:

hi

I am planning to apply H4-EAD to my wife along with my H1B extension petition in premium processing. Her OPT expires this September. If she can't get through the lottery, she has to to resign and quit from her company. To avoid that scenario,

a. Is it safe to apply her H4-EAD now and try her luck for FY20 cap ? (This is due to the fact that today USCIS submitted OMB the proposal to rescind H4 EAD) 

                        (or)

b. better wait till the lottery result and then apply H4-EAD during June time frame?   (not sure if H4-EAD will be rescinded before June-Sept period)   

It is advisable to call our office to discuss the details of your options over the phone. 

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On 2/22/2019 at 12:43 AM, Rajp4321 said:

We are about to apply for extension of H1 and H4 EAD? what happens to these applications when final rule is published

Until the proposed rule is published we cannot be sure how the Administration wants to proceed in that instance.  

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On 2/22/2019 at 6:21 AM, Stuckalot said:

My spouse has completed her 6 years on H1B and is currently on H4EAD which expires in 2021 and is currently working for an employer. If her employer files for her GC process directly and if the H4EAD is revoked, can she continue to work since her employer has filed for GC? Will she have to leave US for a year to get her H1B filed again? I guess my main question is what can we do so she doesn't have to leave US if the employer is willing to do GC?

She may be able to receive H1B time beyond the normal six year limitation. Feel free to call our office to discuss her options in detail. 

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On 2/22/2019 at 11:00 AM, Lamper said:

Is H4 EAD still valid if primary applicant on H1B changes job to a new employer? 

Yes, provided you are still in H1B status and your spouse is in H4 status. 

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