H-4 EADs


Attorney_6

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Hello all,

 

Can anyone confirm whether we can travel to India during the following?

 

1. Change of status to H4 till the approval?

 

2. After filing H-4 EAD on May 26th till the approval?

 

Thanks

1. What is the need of COS, you can just attend H4 visa in India that would be faster. I guess travelling after filing COS should be OK.

2. You cannot apply for H4-EAD while travelling. USCIS will address your question, travelling after filing H4-EAD in their next conference call.

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Dear Attorney,

I am a medical graduate from India , done with Usmle's , applied for Residency and waiting for my match results.

I am currently on H4 and am eligible for H4 EAD as my husband's i-140 got approved.

 

so my questions are

 

1. Will I be able to do my Residency on H4 EAD? 

 

2. Results of the match will be coming on 20th march and I have to start my residency training from July 1st (mandatory).

So,is that possible to get H4  EAD by the end of June if applied on May 26th?(I' ll loose the spot if i 'm unable to get a working visa by July 1st)

 

3. If i am matched into a program which doesn't sponsor H1, I need to start training on Ecfmg sponsored j1. As all of us are aware about j1 waivers, i don't want to land into that. So, is there any chance to  be able to start my residency on H4 EAD instead of j1 in this limited time span?

 

Thanks in advance.

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Dear Attorney,

I am a medical graduate from India , done with Usmle's , applied for Residency and waiting for my match results.

I am currently on H4 and am eligible for H4 EAD as my husband's i-140 got approved.

 

so my questions are

 

1. Will I be able to do my Residency on H4 EAD? 

 

2. Results of the match will be coming on 20th march and I have to start my residency training from July 1st (mandatory).

So,is that possible to get H4  EAD by the end of June if applied on May 26th?(I' ll loose the spot if i 'm unable to get a working visa by July 1st)

 

3. If i am matched into a program which doesn't sponsor H1, I need to start training on Ecfmg sponsored j1. As all of us are aware about j1 waivers, i don't want to land into that. So, is there any chance to  be able to start my residency on H4 EAD instead of j1 in this limited time span?

 

Thanks in advance.

unlikely to get EAD approved in 35 days. normal processing is 90 days.

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I am in 4th year of H1 with an approved I140.

 

My spouse currently works on H1. We are thinking of changing her status to H4 and thus use EAD to work. Her H1 is valid for another or so.

 

We can file for COS from h1 to h4 & h4 ead simultaneously, although first the status will get changed and then the EAD processing will start.

 

1. Can she continue to work while the H1 to H4 is in process (not premium processing)?

2. There may be a lag time once the COS for h1 to h4 is complete but EAD yet to arrive. Can she work during that period as well?

3. If I change job, can my spouce apply for EAD using my I140 from previous employer?

 

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Hi,

 

I am on H1B from last 8 years and i do have i140 cleared and my wife is working on H1B from last 2 years.

I wanted to know is there any way i can apply for H4 EAD for her.

she is on H4 for year before H1B.

 

Thanks,

Nagabaji.

If she is on H4. She can apply for EAD. Follow the link below:

 

http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

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I am in 4th year of H1 with an approved I140.

 

My spouse currently works on H1. We are thinking of changing her status to H4 and thus use EAD to work. Her H1 is valid for another or so.

 

We can file for COS from h1 to h4 & h4 ead simultaneously, although first the status will get changed and then the EAD processing will start.

 

1. Can she continue to work while the H1 to H4 is in process (not premium processing)?

2. There may be a lag time once the COS for h1 to h4 is complete but EAD yet to arrive. Can she work during that period as well?

3. If I change job, can my spouce apply for EAD using my I140 from previous employer?

1. Yes she can work until she get approved H4. She has to stopped working after that as work authorization will change.

2. Once she get H4 she cannot work.

3. If previous employer does not revoke your I140 then yes.

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I am in 4th year of H1 with an approved I140.

 

My spouse currently works on H1. We are thinking of changing her status to H4 and thus use EAD to work. Her H1 is valid for another or so.

 

We can file for COS from h1 to h4 & h4 ead simultaneously, although first the status will get changed and then the EAD processing will start.

 

1. Can she continue to work while the H1 to H4 is in process (not premium processing)?

2. There may be a lag time once the COS for h1 to h4 is complete but EAD yet to arrive. Can she work during that period as well?

3. If I change job, can my spouce apply for EAD using my I140 from previous employer?

1. Yes she can work till H4 approves.

2. Once H4 approves, she has to stop working till she gets EAD.

Suggestion, wait for a while let others file for EAD, observe how many days it taking. Depending on observed processing time plan to file.

3. Yes, even though I140 is revoked or from previous employer EAD can be awarded. Murthy bulletin says the same. 

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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. 

 

Hello Attorney,

 

The above quote is from the teleconference with USCIS on 26th Feb 2015. Do we have any clarification on this?

If not, can you please tell when is the next teleconference?

Thanks much

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My 485 was current since January. I have got request for evidence from USCIS and provide it by April 16. As I switched my job after 180 days and my current job does not match my 485 filing, I will have to withdraw my 485 filing.

My question is: My spouse is a 485 dependent applicant who abandoned her TN for 485. Now she intends to switch back to her TN1. Anyone knows the success rate? Should she withdraw her 485 first, apply for TN late, or do it concurrently?

Your advice will be greatly appreciated.

George

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If any one know more about this "Even if I-140 approved with previous employer not with current employer is it enough?" please let me know . From my understanding from the DHS document i think its eligible but correct me if i am wrong. 

 

Yes.  Approved I-140 from previous employer is enough.  However, the I-140 should not be cancelled by your previous employer.  Most companies do not.  It's still a possibility.

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Hi - Same question as others have asked. I have approved I140 from previous employer. Can that be used to file H4 EAD for spouse.

 

Yes.  Approved I-140 from previous employer is enough.  However, the I-140 should not be cancelled by your previous employer.  Most companies do not.  It's still a possibility.

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  • 3 weeks later...

Hi I have I140 from previous company but I moved to a new employer. Old employer revoked my I140 but I completed my 6 years and got 3 yrs extension with new employer based on I140 from Employer A. So can I apply for H4 EAD as I completed 6 yrs in US and got H1 extension based on AC21 ??? Please advise

No because old employer revoked your I140.

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Hi I have I140 from previous company but I moved to a new employer. Old employer revoked my I140 but I completed my 6 years and got 3 yrs extension with new employer based on I140 from Employer A. So can I apply for H4 EAD as I completed 6 yrs in US and got H1 extension based on AC21 ??? Please advise

Yes.

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Hi I have I140 from previous company but I moved to a new employer. Old employer revoked my I140 but I completed my 6 years and got 3 yrs extension with new employer based on I140 from Employer A. So can I apply for H4 EAD as I completed 6 yrs in US and got H1 extension based on AC21 ??? Please advise

You can't apply for H4 EAD based on revoked I140

 

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