H-4 EADs

[ashuneel]

 

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.

 

You need to file your own H4 and  EAD. Husbands employer has nothing to do with it. You can hire the same attorney used by husbands company. They may even do it for free.

Once H4 status is approved you cannot work until EAD is approved. Most likely if you go for H4 EAD  you cannot avoid break in job.  H4 status  by itself cannot work so that will not change.

[Guest]

hello laviki

 

I am in same boat but it looks like the gap between H4 and EAD approval is something that cannot be avoided.  :-(

[raghuru]

I switched to the current employer very recently.  Post this rule, my previous employer called and said he is going to revoke the I-140.  

 

Should he revoking the I-140 will prevent me from applying EAD for my wife ? Please let me know.  

[raghuru]

Also one more question ,  

 

I have not completed my 6 years period on my H1 but my I-140 is approved from previous employer. I believe I am eligible to apply for EAD even though I have not crossed 6 years as the I-140 already approved. Please confirm.  

[lini27]

Hi 

 

I am eligible for this new rule as my husbands I-140 is approved.Our current visa (I-797) is valid till Jan 2016 and my husbands company will file extension in Nov 2015 that would be for 3 more years.

 

My question is

 

1)What will be validity of my EAD card if I apply on 26th May 2015?

 

2)If my EAD validity is I-797 expiry, what would be the procedure/timeline for renewal of my EAD once my husband receives new I-797?

 

Thanks 

 

 

[ArunJAD]

raghuru,

 

This is unfortunate but if you left the company (who filed your LC and I140) they can revoke I-140 any time.  You must share ur old company name so other innocent people do not fall in trap by such people. 

 

Need some more information from you to answer ur question, If you have not completed 6 years yet. Your wife can not file for EAD ! but if you have completed 6 years and filed for further h1b ext using AC21 rule. Your wife can. Hope this info help.

 

All the Best !

[JoeF]

It's astounding the level of ignorance above post exhibits. Please get facts straight as your posts are misleading and factually incorrect.

 

It is astounding the level of ignorance from you.

Have you actually looked at the time and date of the post??? Obviously not, otherwise you would have noticed that it was posted when the decision was fresh and there was no written document yet.

Geez. Some people are really desperate to start flamewars.

Too bad for you that it backfired, and you only show that you are a loser.

[JoeF]

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?

The H4 has to be approved first. Once it is approved, she has to stop working.

Once it is approved, she can file the EAD. When that is approved, she can start working again.

[sagi85]

I switched to the current employer very recently.  Post this rule, my previous employer called and said he is going to revoke the I-140.  

 

Should he revoking the I-140 will prevent me from applying EAD for my wife ? Please let me know.  

From today's USCIS conducted conference call, I got to know that if I140 is revoked by employer then you can't use it for H4-EAD.

[Manipk]

For spouse of H1B (I-140 approved) who is on F1 visa and on her OPT; Can she continue her OPT and apply for concurrent COS & H4 EAD without causing any disruption to her existing EAD (via F1- OPT)?

 

While doing concurrent filling, if there is a time interval between “H4 COS approval” and “H4 EAD approval”; In that case will the F1(on OPT) have to leave her current job as soon as her “COS to H4” gets approved until she receives her “H4 EAD”?

 

Can you please clarify, how will this transition proceed?

[ramkashyap]

Today’s topic is about the H4 EAD Rule. The USCIS Director, Deputy Director, Public Relations specialist and other have attended the call. 
Following is a list of Q&A from participants. I thought I would share with all of you. Feel free to pass along 

PS: The questions and mainly the responses are jotted down here under based on my understanding during the course of the conversation. I am not responsible for any forthcoming or understanding you infer from below. Some of the responses were not very straight forward as there were defeating responses at different times, when the same question was posed. 

Q: How long is the H4 EAD Valid for? 
A: Currently till the H4 Validity. Deferred to a later date. 

Q: What happens during travelling on EAD? 
A: You should travel on H4. You cannot use the card to travel. You need the Visa. 

Q: Is this a onetime opportunity? 
A: NO. This will be a permanent change. Applicants can submit any time after May 26th as long as reqs are met. 

Q: Job Portability – What happens to H4 EAD? 
A: Deferred to a later date. 

Q: With EAD, do you need H4 Stamping for travelling? 
A: Yes. EAD does not give travel privileges. 

Q: Got 140 from Employer A. Moved to employer B. Can my H4 apply for EAD? 
A: As long as the 140 is not withdrawn or revoked by Employer A, YES H4 will be eligible for EAD. 

Q: 6 years of H1B completed. Perm applied in the 6th Year. What happens to H4 EAD? 
A: H1B should have been extended under AC 21 106 (A)(B) or 140 should be in good standing at the time of H4 EAD Application. If not, no go. 

Q: Got 140 from Employer A. Then moved to Employer B. Employer A has revoked my 140. Can H4 apply EAD? 
A: NO. 
(Extension of the above Q, but different case) 
Q: Got 140 from Employer A. Applied H4 EAD, got approved. Then moved to Employer B. Then Employer A revoked 140. What happens to the already approved H4 EAD? 
A: Deferred to a later date. 

Q: Will premium processing be available for H4 EAD? 
A: NO 

Q: Should the H4 EAD be in the US at the time of submitting the 765 appl? 
A: Deferred to a later date. 
But based on responses provided later for similar questions, it may be understood as YES. But not confident at this moment. 

Q: Validity period of EAD? 
A: Matches that of H4. 

Q: When will the updated 765 form be published? 
A: Close to May 26th. 

Q: I539(COS) and I765 (EAD), can they be filed together? 
A: YES. 

Q: Employer changed, 140 not revoked. What happens to H4 EAD? 
A: Remains active. 

Q: 140 Approved. H1 Extended on 140. Moved employer. What happens to H4 EAD? 
A: Deferred to a later date. 

Q: Can you file COS(539)/EAD(765)/H4 Extension, together? 
A: Yes, all 3 can be filed concurrently. 

Q: Can F1 on OPT move to H4 to get EAD? 
A: YES 

Q: Can you start business on this EAD? 
A: Seek counsel. Not answered here. 

Q: H1B extended on 140. Now 140 Revoked. Can my H4 apply? 
A: NO. 

Q: If the H4 EAD Application- I765 is rejected, should I wait for a defined duration before applying again? 
A: NO. You can re-apply in case of rejection. In case of denial you cannot apply again. 
Please observe the difference between denial and rejection. 

Q: Is there a count off for H4 EAD applications, like the 65K for H1B? 
A: NO. The 179K number is only an estimate. 

Q: Had EAD from L2 Visa before. Now on H4. Can I apply for H4 EAD now? 
A: Yes. As long as the principal H1B applicant met the 140/extension criterion. 

Q: Is there any restriction on area of practice for job on H4 EAD? 
A: NO. With the EAD you can engage in any kind of legal job. 

Good luck for everyone.

[hashtag]

HI

My husband had an approved I140 from previous employer. He changed his job in jan 2015 and his new employer will process his green card after 2 years. Am an H4. I know am eligible to apply for H4 EAD based on his approved I140. He checked his status on USCIS site and it shows it has not been touched from the time it was approved. But am worried whether the information on the site is up to date.. How can i find out his I140 is not revoked?? Please reply.

[JoeF]

For spouse of H1B (I-140 approved) who is on F1 visa and on her OPT; Can she continue her OPT and apply for concurrent COS & H4 EAD without causing any disruption to her existing EAD (via F1- OPT)?

 

While doing concurrent filling, if there is a time interval between “H4 COS approval” and “H4 EAD approval”; In that case will the F1(on OPT) have to leave her current job as soon as her “COS to H4” gets approved until she receives her “H4 EAD”?

 

Can you please clarify, how will this transition proceed?

While the H4 petition and the EAD can be filed at the same time, the EAD will likely only get processed once the H4 is approved. At least the 90 days to EAD approval starts when the H4 is approved.

The person will have to stop working when the H4 is approved, and can only resume working when the EAD is approved.

[ateetshah]

It is astounding the level of ignorance from you.

Have you actually looked at the time and date of the post??? Obviously not, otherwise you would have noticed that it was posted when the decision was fresh and there was no written document yet.

Geez. Some people are really desperate to start flamewars.

Too bad for you that it backfired, and you only show that you are a loser.

If you get your facts straights without even looking at any document then you'll know that H4 EAD was never part of injunction or case in first place. Fresh or not fresh doesn't even matter. What's wrong is wrong period. Fact is fact is fact.

Again please get yourself educated as such posts don't suit the attire of forum. And please don't use terms like "loser", that'll get you quickly banned and will be out of a job posting threatening comments on public forums.

[raghuru]

raghuru,

 

This is unfortunate but if you left the company (who filed your LC and I140) they can revoke I-140 any time.  You must share ur old company name so other innocent people do not fall in trap by such people. 

 

Need some more information from you to answer ur question, If you have not completed 6 years yet. Your wife can not file for EAD ! but if you have completed 6 years and filed for further h1b ext using AC21 rule. Your wife can. Hope this info help.

 

All the Best !

 

Hi 

 

Thank you. 

 

My previous employer has been good with me so for.  Since I just joined the new company , I understand he is trying to pull me back.  

 

 

Have little confusion.  Since I haven't completed 6 years on my H1B , I cannot apply EAD for my wife even if the I-140 is in good condition ?  Please let me know.  

[hashtag]

My husband is in his 8th year oh H1B. If the I140 from previous employer is revoked am i still eligible to apply for EAD since we have had an extension of H1. But we don't have an ongoing green card processing. His new employer has agreed to apply next year. Please reply. Thank you.

[thangamani.ms@gmail.com]

Hi,

 

I am in H1B and my spouse have Approved I-140.

 

Here is my Question:-

 

1. If I apply COS from H1 to H4  - till my H4 Approval , Can I Work with my H1 Status or not?

2. Can I apply H1 to H4 and EAD concurrently with H4 filing receipt.

4. If no for 2nd Question, when my H4 approved and filing for EAD till my EAD approval, Can I continue to work with EAD filing receipt?

[ashuneel]

My husband is in his 8th year oh H1B. If the I140 from previous employer is revoked am i still eligible to apply for EAD since we have had an extension of H1. But we don't have an ongoing green card processing. His new employer has agreed to apply next year. Please reply. Thank you.

not eligible for H4 EAD

[ashuneel]

Hi,

 

I am in H1B and my spouse have Approved I-140.

 

Here is my Question:-

 

1. If I apply COS from H1 to H4  - till my H4 Approval , Can I Work with my H1 Status or not?

2. Can I apply H1 to H4 and EAD concurrently with H4 filing receipt.

4. If no for 2nd Question, when my H4 approved and filing for EAD till my EAD approval, Can I continue to work with EAD filing receipt?

1. you can work till H4 is approved.

2.yes you can apply concurrently.

3. you cannot work with EAD receipt. You need to stop working after H4 is approved. EAD case will not be processed until H4 approval

Basically H4 is not a work visa. USCIS does not consider why you have asked for H4 visa but it only works on the petition and gives appropriate decision.

[ravikumar4869@gmail.com]

For instance my situation, I have approved I-140 with my employer and I applied H4 EAD for my wife, If I get layed off and my employer cancels my I 140, can my wife still hold the EAD status and work or her H4 EAD will be cancelled ? and if get my H1B transferred to another employer

[rahul412]

For instance my situation, I have approved I-140 with my employer and I applied H4 EAD for my wife, If I get layed off and my employer cancels my I 140, can my wife still hold the EAD status and work or her H4 EAD will be cancelled ? and if get my H1B transferred to another employer

Her H4 will be invalid. So she cannot work when you are not on H1.

[ManojManda]

Is it possible for a Smoot transition from H1 to H4 EAD without having a break?

 

Currently I am on H1-B until August 31st. I can file for 3 month extension to hit the 6 year limit(If helpful I will file premium) until November 26th.

 

How soon can I apply for H4?

is it possible to request the change of status to H4 from a Specific date, in my case the last date of H1B 6 year limit(Nov 26)

Can we file H4 on premium?

can we file I-765 Work Authorization along with the H4 Change of Status after May 26th?

 

Any information would be helpful.

 

Thanks

Manoj

 

 

[rahul412]

No you cannot specify an effective date for COS and there is no PP for COS. Yes you can file COS and H4 EAD at a time but COS will be approved first and then EAD.

[JoeF]

If you get your facts straights without even looking at any document then you'll know that H4 EAD was never part of injunction or case in first place. Fresh or not fresh doesn't even matter. What's wrong is wrong period. Fact is fact is fact.

Again please get yourself educated as such posts don't suit the attire of forum. And please don't use terms like "loser", that'll get you quickly banned and will be out of a job posting threatening comments on public forums.

 

You obviously still haven't looked at the date and time of my post.

There was NO court document out yet when I posted.

You fail again, loser!

[JoeF]

Is it possible for a Smoot transition from H1 to H4 EAD without having a break?

 

Currently I am on H1-B until August 31st. I can file for 3 month extension to hit the 6 year limit(If helpful I will file premium) until November 26th.

 

How soon can I apply for H4?

is it possible to request the change of status to H4 from a Specific date, in my case the last date of H1B 6 year limit(Nov 26)

Can we file H4 on premium?

can we file I-765 Work Authorization along with the H4 Change of Status after May 26th?

 

Any information would be helpful.

 

Thanks

Manoj

 

You can file a COS to H4 at any time. There is no way to expedite it, there is no way to specify a particular start date.

You would be in H4 status from the day the petition is approved, and you will have to stop working at that time.

The I-765 can be filed together with the H4 petition (if it is after May 26), but it will not be worked on until the H4 is approved.