H-4 EADs

Attorney_6

By Attorney_6,
in H1B : General

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Guest

Guest

Posted
Posted

Hello attorney

 

I am in my 6th year of H1 and have I-140 approved. So, my spouse is eligible to get EAD under this rule.

 

She is on H1-B visa now. So, if she needs EAD, should she convert to H4 first and then apply for EAD?

Or is there any concurrent filing (H1 to H4 to EAD)?

 

Converting to H4 would cause her loose her job and it could take time for EAD approval. So, just wondering how could she continue working before EAD gets approved?

 

Please suggest.

 

Thank you.

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ViableStudent Newbie

ViableStudent

Posted
Posted

Dear Attorney,

 

I have a question.Initially I was on h4 and  I am on f1 visa now, but my husband is here for more than 6 years on h1b and also has I-140 approved.

So, can I convert to h4 again and apply for EAD card ? 

Would I eligible for getting the EAD once my h4 is approved ?

Also, should I maintain h4 status or  get a h4 visa after I convert to h4 to receive the EAD card.

 

Someone please guide

 

Thanks

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ViableStudent Newbie

ViableStudent

Posted
Posted

1. Under the regulation as proposed, the priority date of the I-140 did not have to be current. Any I-140 approval would be sufficient, no need for it to be the current employer's I-140.

 

2. While it appears that the H4 EAD regulation will be coming soon, until everything is finalized, it is best to still move forward with H1 cap cases for this year. If that does not work out, then, hopefully, the H4 EAD will fill in the gaps. But, since the H1 cap is strictly time bound, it is best not to pass up opportunities. Of course, if it ends up being better to stay as or return to H4 status after changing to H1, that would still be an option---it is just a matter of following proper procedures.

 

3. With respect to job changes, the proposed regulation allowed two avenues for the H4 EAD. Either the H1 spouse had to have an I-140 approval OR they had to have extended H1 status beyond the six years under AC21. Thus, it seems that, if there is a job change and the H1 spouse is beyond six years of H1 time, that would qualify the H4 for an EAD, even if the old employer requests to revoke the I-140.

 

4. Once an EAD is approved, it is valid unless specifically revoked. So, various changes after approval should not disrupt the EAD, but could impact the ability to get an extension.

 

 

Dear Attorney,

 

I have a question.Initially I was on h4 and  I am on f1 visa now, but my husband is here for more than 6 years on h1b and also has I-140 approved.

So, can I convert to h4 again and apply for EAD card ? 

Would I eligible for getting the EAD once my h4 is approved ?

Also, should I maintain h4 status or  get a h4 visa after I convert to h4 to receive the EAD card ?

 

Please guide

 

Thanks

 

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psastry Newbie

psastry

Posted
Posted

I am currently in the 6th year of my H-1B visa which is expiring on March/2015. I have applied for my PERM through my current employer with PD Dec/2013, but have not heard anything back from USCIS. 

My husband has his I-140 approved. So can I jump to H4 during the period of May and get a H4-EAD based on his approved I-140?

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ashuneel Advanced Member

ashuneel

Posted
Posted

Dear Attorney,

 

I have a question.Initially I was on h4 and  I am on f1 visa now, but my husband is here for more than 6 years on h1b and also has I-140 approved.

So, can I convert to h4 again and apply for EAD card ? 

Would I eligible for getting the EAD once my h4 is approved ?

Also, should I maintain h4 status or  get a h4 visa after I convert to h4 to receive the EAD card.

 

Someone please guide

 

Thanks

You can file COS to H4 and EAD at the same time. Since you still have time first get H4 in the next 3 months and file EAD in June.

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ashuneel Advanced Member

ashuneel

Posted
Posted

Hi,

 

My wife is on H1b and valid till 2019, i am on H1b  with 7 th year extension based on perm pending more than 365 days.

 

 

If we apply H4- EAD  what will happen to her H1b status?

 

Can we apply directly using form 765 or i need to have her first h4 and then only apply H4-EAD.

 

Can she have both EAD and H1B status together?

 

Please advise.

EAD is for H4 only . First file H4 then file EAD after approval.

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skmahen Newbie

skmahen

Posted
Posted

I have approved I140 now and my wife is on H4. My H1B is on 8th year extension now. Due to family constraints, I accepted a job offer from another employer in India (who has branches in US also) and committed to relocate to India next Month. But the recent changes in H4 to EAD is very tempting to stay here, however family commitments and commitment to the future employer are in the way to stay in US. Assuming I move to India next month, can you please advise some options so I can still obtain my Green Card while in India. I am planning to come back to US sometime in the future. 

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ashuneel Advanced Member

ashuneel

Posted
Posted

Hello attorney

 

I am in my 6th year of H1 and have I-140 approved. So, my spouse is eligible to get EAD under this rule.

 

She is on H1-B visa now. So, if she needs EAD, should she convert to H4 first and then apply for EAD?

Or is there any concurrent filing (H1 to H4 to EAD)?

 

Converting to H4 would cause her loose her job and it could take time for EAD approval. So, just wondering how could she continue working before EAD gets approved?

 

Please suggest.

 

Thank you.

EAD is for H4 only . First file H4 then file EAD after H4 approval.

H4 and EAD can be filed concurrently. But H4 will be approved first and then EAD will be processed if H4 is approved.

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ashuneel Advanced Member

ashuneel

Posted
Posted

Hello Attorney,

 

My wife is on F-1 (changed from H4 in May 2014)  and doing CPT right now. Now we are thinking of changing status back to H4 after this EAD rule. Can you please provide answer how it will effect in my case. Specially I have this two question. 

 

Q1) Do you think it is possible to continue working on CPT while we apply for H4 untill it is approved. I am sure after H-4 approval she can not work.

Q2) Is it possible to apply for change of status from F-1 to H4 (I539) and I765 H4 EAD at same time on May 26th 2015. 

 

Many Thanks. 

1.not sure.

2.yes. But H4 will be processed first and EAD will be processed only after H4 approval.

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rajat.me Newbie

rajat.me

Posted
Posted

Hi,

I had an approved i-140 from my ex employer. i later switched my job and my h1b is now extended beyond 6 years.

 

I had two questions on this.

 

1. If my i-140 from my previous employer is still valid then in that case can my spouse apply for H4 Ead using my i-140 from previous employer.

 

2. In case my i-140 is revoked then in that case considering that i got h1b extended beyond 6 years can we still apply for H4 Ead.

 

Would really appreciate a reply on this. Thanks

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Ishaan Newbie

Ishaan

Posted
Posted
My husband and I are on H1 and I am currently working as a software consultant through a H1 i got last year, my husband's I-140 is approved and we meet the criteria to get EAD according to the newly passed rule . Once this rule goes into effect do I have to change my visa status from H1 to H4 to apply for a EAD? . Should I stay out of work till I get my EAD? How does this work?

Can I apply H4 independently or should it be through my husband's employer ?
 
I have a approved H4 until 2017, can I use this to apply for EAD, or will this be void since I got my H1  last october?

Once the change of status happens from H1 to H4 until I get EAD ,the in between time should I resign my current job?
Is there any intermediate state where in I can stay working and update the EAD with my employer?
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ashuneel Advanced Member

ashuneel

Posted
Posted

ashuneel, as you said H4 will be approved first and then EAD.

so, can my spouse continue working during this process from H1 to H4 to EAD?

As I understand your spouse needs to first convert to H4 from H1B. She can work while H4 application is under review. The day you get approval notice for H4 she needs to stop working. She can resume working after approval of EAD under new rule.

 The rule is new so you may want to consult a law firm say Murthy. I believe this new rule will not change the fact that H4 visa holders cannot work unless they have valid work authorization.

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laviki Newbie

laviki

Posted
Posted
My husband and I are both on our individual  H1Bs. My husband's I-140 is approved and we meet the criteria to get EAD as per the new rule .  I am on my 5th year of my  initial 6 years H1B ,with a green card process pending with my company ( I don't even have a priority date yet as it was just filed).
 
I am unable to switch jobs with my current H1 as most employers who even do H1B transfer ask for a minimum of two years left on the current H1B.
 
I do want to take advantage of this rule and get EAD so that I can look for other jobs. I am trying to weigh my options now.
 
1) Should my husband's employer file an H4 petition for me?
 
2) Once the change of status happens from H1 to H4 until I get EAD , should I resign from my current job in between?
Is there any intermediate state where in I can stay working and update the EAD with my employer?
 
I do not want a break in job but change of visa will take a while as i believe there is no premium processing for H4. Also I read somewhere applying for EAD will take 60- 90 days.
 
Can someone please guide me.
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