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Attorney_6

H-4 EADs

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I need some urgent help

 

I have

I140 EB3 from one Employer

I140 EB2 from 2nd Employer

 

My Client now wants me to join him as a FTE and wants H1 transfer.

 

If I do a transfer, how would I be able to get file EAD for my wife based on I140.

Can I still use new I797 from new employer and I140 from old employer or is there a different approach I would have to follow.

 

Thanks

You can use I-140 from any employer.

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Currently I am on H1B and I am planning to apply for H4 EAD based on my spouse Approved I-140. But for that I need to apply for change of status to H4 and apply for EAD concurrently. But Vermont Service Center has lot of backlogs and its taking long time for approval(5 months I guess). I am planning to go for H4 stamping abroad and Apply for EAD online. I am not sure if that can be done.

 

1. Can we apply for EAD from abroad after H4 stamping?

 

2. While in the USA apply for change of status to H4 and After Approval and while the EAD in process, can we travel abroad?

 

3. What is the best way from H1 to H4-EAD?

 

Thanks

Manoj

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Currently I am on H1B and I am planning to apply for H4 EAD based on my spouse Approved I-140. But for that I need to apply for change of status to H4 and apply for EAD concurrently. But Vermont Service Center has lot of backlogs and its taking long time for approval(5 months I guess). I am planning to go for H4 stamping abroad and Apply for EAD online. I am not sure if that can be done.

 

1. Can we apply for EAD from abroad after H4 stamping?

 

2. While in the USA apply for change of status to H4 and After Approval and while the EAD in process, can we travel abroad?

 

3. What is the best way from H1 to H4-EAD?

 

Thanks

Manoj

No online application for EAD

1. No, its not possible

2. If you travel abroad your COS becomes invalid, or enter on H4 to avoid issues

3. COS to H4 along with EAD application.

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Currently I am on H1B and I am planning to apply for H4 EAD based on my spouse Approved I-140. But for that I need to apply for change of status to H4 and apply for EAD concurrently. But Vermont Service Center has lot of backlogs and its taking long time for approval(5 months I guess). I am planning to go for H4 stamping abroad and Apply for EAD online. I am not sure if that can be done.

 

1. Can we apply for EAD from abroad after H4 stamping?

 

2. While in the USA apply for change of status to H4 and After Approval and while the EAD in process, can we travel abroad?

 

3. What is the best way from H1 to H4-EAD?

 

Thanks

Manoj

Exit and enter US with a valid H4 visa and copy of your spouse's I797 and other documents.

Apply for EAD.

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Hi group, I am on a F1 visa and have graduated recently. I have applied for my OPT which I will receive anytime soon. With this new H4- EAD rule, I am planning to apply for my EAD with my husband's H1B visa. His I 140 is approved but his H1B is valid until Dec 2015(his extension would be processed soon). Whats the best case scenario for someone in my position? Will his H1B expiration in Dec 2015 affect my EAD's expiration? Also I do not want to risk losing my OPT and landing on H4 again since I have a job starting on the day I receive my OPT.

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Hi group, I am on a F1 visa and have graduated recently. I have applied for my OPT which I will receive anytime soon. With this new H4- EAD rule, I am planning to apply for my EAD with my husband's H1B visa. His I 140 is approved but his H1B is valid until Dec 2015(his extension would be processed soon). Whats the best case scenario for someone in my position? Will his H1B expiration in Dec 2015 affect my EAD's expiration? Also I do not want to risk losing my OPT and landing on H4 again since I have a job starting on the day I receive my OPT.

The EAD will probably match the expiration of your H-4 status so you probably want to have the H1B and H-4 extended beyond December 2015. 

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Hi group, I am on a F1 visa and have graduated recently. I have applied for my OPT which I will receive anytime soon. With this new H4- EAD rule, I am planning to apply for my EAD with my husband's H1B visa. His I 140 is approved but his H1B is valid until Dec 2015(his extension would be processed soon). Whats the best case scenario for someone in my position? Will his H1B expiration in Dec 2015 affect my EAD's expiration? Also I do not want to risk losing my OPT and landing on H4 again since I have a job starting on the day I receive my OPT.

Without moving to H4 status there is no H4 EAD for you. If you apply for one after moving to H4 status you will get a validity till your I94 expiration. It will be renewed based on your H4 extension status of approval which depends on your spouse's H1B extension of status approval.

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Hi,

My PERM is approved last month. My H-1B was already extended beyond 6 years based on AC21 106 (a) and (b).

My employer is yet to file my I-140. can my wife apply for H4-EAD now? or should we have to wait till my I-140 is filed?

 

Anyone please help.

 

Thanks

Sridhar

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Hi There,

 

I am in India and I have  H4 visa stamped in India which I did in January, 2015. I had gone to US in H4 and came back. Currently I am in India. I don't have a I539 yet. My spouse has I140 which is approved. Can I get H4 EAD with my visa stamped or I have to have I539.

 

Can I apply for I539 being in India if at all I539 is a requirement to apply for H4 EAD?

 

Please suggest.

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Hello fellow members,

I just saw the news dated May 19th,2015 about "USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions"

 
 
My Spouse Situation
My Spouse initially was on H1-B and her H1-B expired  6 years  on April 2014  since then moved to H4
Her previous Employer filed for PERM-Labour as future employment and was approved in May 2015  and they filed for I-140 under premium processing and is approved now
 
My question is , with the news that USCIS is suspending H1-B Extension under premium processing for 2 months will it impact her  
 
Will her H1-B come under extension or new H1-B(CAP EXEMPT)???
 
If its impacting her, i would like to file her EAD her -H4 EAD as i have  approved I-140
 
Please suggest

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Hi There,

 

I am in India and I have  H4 visa stamped in India which I did in January, 2015. I had gone to US in H4 and came back. Currently I am in India. I don't have a I539 yet. My spouse has I140 which is approved. Can I get H4 EAD with my visa stamped or I have to have I539.

 

Can I apply for I539 being in India if at all I539 is a requirement to apply for H4 EAD?

 

Please suggest.

I539 is a form filed in US for a change of status or extension of status. Since you are in India you can enter US on H4 visa (provided your spouse is in US) and apply for EAD. 

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Hello,

 

I have an approved I-140. However, my H1 B is in the process of being extended(Not Premium Processing). It might take a few months before i get my H1-B extension documentation.  In the current state can i apply for H4 EAD for my spouse ?

Can i use the existing (expired) I-797 receipt to apply and later on amend the application with the new approved receipt later ?

 

Thanks

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Hello,

 

I have an approved I-140. However, my H1 B is in the process of being extended(Not Premium Processing). It might take a few months before i get my H1-B extension documentation.  In the current state can i apply for H4 EAD for my spouse ?

Can i use the existing (expired) I-797 receipt to apply and later on amend the application with the new approved receipt later ?

 

Thanks

Your spouse can apply for EAD based on receipt notice of H4 extension of status. Her EAD will be approved only after adjudication of her H4 EOS application.

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Hello,

 

Can we apply for the H4-EAD with just the I-797C (receipt); We do not have the approval yet.  We meet the other conditions.

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You can use I-140 from any employer.

However, you want to ensure the I-140 approval the H4 EAD is based on is still valid at the time of adjudication. 

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I stayed in US for more than 6 years, 2 years on 1st H1B applied in 2006, 4.5 years on next H1B filed in 2010 ( new cap). My Perm is in process and didn't complete 365 days. Now question is, can i apply for H4 EAD for my spouse as my total H1B stay in US is more than 6 years? If yes, what documents i have to submit as i don't have approved PERM or I 140. 

Thanks

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Hello,

I am in USA since Feb-2008 on H1B visa and Company XYZ filed my H1B petition. Company XYZ file for my GreenCard and I have approved I-140.

I change my company ABC on March-2015 and ABC filed my H1B petition and I have approved visa until Feb-2018.

Company ABC did not process my GreenCard yet.

 

My spouce is on H4 visa So I would like to know that my spouse is eligible to apply for EAD as per latest rule (05/26/2015)

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Hi,

 

Below are my details and query, please advise

Currently my change of status application from H1B to H4 - in progress since Nov 2014

I94 - expired in Dec 2014

 

My husband has an approved I-140 from old employer. He received 3 yr extension after 6 yrs based on the same. Recently, his PERM with new employer was approved and we are yet to file I-140 through this employer. 

Following are my queries - 

1. I am eligible for H4 EAD based on AC21 rule or approved I-140? What supporting document is required to prove the same (please note that we do not have any document pertaining to the approved I-140, EXCEPT for the approval stamp as per FOIA response)?

2. Should I wait until his new I-140 is filed and approved before proceeding with EAD application? What if my spouse's I-140 is applied while my EAD application is pending? Will that create any confusion for USCIS between the old and new I140s?

3. Can I apply immediately after my I-539 COS is approved or should I wait for the hard copy of approval notice mailed over?

 

Thank you for the expert advise.

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Hello,
I am in USA since Feb-2008 on H1B visa and Company XYZ filed my H1B petition. Company XYZ file for my GreenCard and I have approved I-140.
I change my company ABC on March-2015 and ABC filed my H1B petition and I have approved visa until Feb-2018.
Company ABC did not process my GreenCard yet.
 
My spouce is on H4 visa So I would like to know that my spouse is eligible to apply for EAD as per latest rule (05/26/2015)

 

Your spouse should be eligible as long as Company XYZ has not withdrawn your approved I-140.

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Hi,

 

I am on H-1 B and have a priority date of May 29,2009 (India). My wife is on H-4 and is currently eligible to apply for EAD.

 

Please suggest if I should apply for her EAD or wait for my priority date to become current (which might happen this year). Not sure how USCIS will handle my case once my priority date becomes current and if I apply for my wife's EAD. I just don't want to over complicate things if waiting for a few months is the safer option.

 

Your suggestions / advise is greatly appreciated.

 

Thanks.

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Hi,

 

Below are my details and query, please advise

Currently my change of status application from H1B to H4 - in progress since Nov 2014

I94 - expired in Dec 2014

 

My husband has an approved I-140 from old employer. He received 3 yr extension after 6 yrs based on the same. Recently, his PERM with new employer was approved and we are yet to file I-140 through this employer. 

Following are my queries - 

1. I am eligible for H4 EAD based on AC21 rule or approved I-140? What supporting document is required to prove the same (please note that we do not have any document pertaining to the approved I-140, EXCEPT for the approval stamp as per FOIA response)?

2. Should I wait until his new I-140 is filed and approved before proceeding with EAD application? What if my spouse's I-140 is applied while my EAD application is pending? Will that create any confusion for USCIS between the old and new I140s?

3. Can I apply immediately after my I-539 COS is approved or should I wait for the hard copy of approval notice mailed over?

 

Thank you for the expert advise.

 Due to the various possible answers to your questions, it is advisable to speak directly with a qualified U.S. immigration attorney to address all your concerns. Feel free to contact the Murthy Law Firm to schedule a consultation.   

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Hi,

 

I am in the process of applying my wife's H4 EAD but simultaneously I have been asked by my Company to apply for my H1-B amendment as per the new rule passed by USCIS on April 9 due to my job location change recently.

 

Is it advisable to apply both my H1B amendment and my wife's H4 EAD simultaneously or should I wait till my amendment gets approved or are they even related?

 

Thanks.

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