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sameer24p

H4 EAD Eligibility....

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Hi,

I would like to know if my spouse is eligible for the EAD based on the rule that will be effective in May 2015. Based on the rule:

H1B spouse must either (a) have an approved I-140, or (b) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21) (i.e. Extended beyond six years based on a PERM labor certification or I-140 pending for at least 365 days).

 

My case: I was on a H1-B from 2005 until 2012 with one employer. I quit this employer in 2012 and moved out of the country, my H1-B was renewed twice and it was still active with an expiry date of Sep 2014. Now I am back in the country with another employer who has filed my H1B. My spouse was on a H4 visa from 2007 until 2012 and again currently on H4 status. My I-140 that was filed by my previous employer has a priority date of Aug 2007 (EB-3 Category). I was on 6+ years on the H1-B visa with this employer.

 

Does my spouse qualify to get the H4 EAD ? Appreciate your help and responses.

 

 

Thanks.

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My case:

- I was on H1B visa filed by employer 1 from 2005 that was renewed twice. 6+ years on H1B which was going to expire in Sep 2014. I-140 filed and approved (priority date Aug 2007 EB3 category)..

- I quit the job in Aug 2012 and left US.

- Am back in US now for employer 2 who filed my H1-B

- My spouse was on H4 visa from 2007 to 2012 (when I was on active H1B with employer 1) and now is on H4 again.

 

Is my spouse eligible for the H4 EAD ?

 

Thanks

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If you spend out of country for more than one year then your H1B time clock will be reset to 0.  I am assuming you left the country in 2012 and came back after a year in INDIA. is that correct?


 


H4-EAD rule conditions will be applied 


       - You need I-140 appoved (and not revoked)


                                      OR


       - You need to be in H1B 7th year extension based on PERM or I-140 pending...


 


Scenario1:


First check your first employer whether he revoked your I-140 or not.


If it is not revoked then you are good to apply H4-EAD to your wife.


 


Scenario2: (If Scenario1 is not then follow 2)


Check your continuous H1B duration till now or ask your second employer how he filed the H1B to you like based on what how he filed your H1B. If you are not under the 7th year extension then you not good to apply H4-EAD to your wife.


 


 


 


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If you spend out of country for more than one year then your H1B time clock will be reset to 0.  I am assuming you left the country in 2012 and came back after a year in INDIA. is that correct?


 


H4-EAD rule conditions will be applied 


       - You need I-140 appoved (and not revoked)


                                      OR


       - You need to be in H1B 7th year extension based on PERM or I-140 pending...


 


Scenario1:


First check your first employer whether he revoked your I-140 or not.


If it is not revoked then you are good to apply H4-EAD to your wife.


 


Scenario2: (If Scenario1 is not then follow 2)


Check your continuous H1B duration till now or ask your second employer how he filed the H1B to you like based on what how he filed your H1B. If you are not under the 7th year extension then you not good to apply H4-EAD to your wife.


 


 


 


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Thanks for the reply. A couple of qq's:

 

I was on a H1-B from 2005 until 2012, so have completed 6+ years on H1-B. Then while my H1-B was still active (i.e. it was supposed to expire in Sept 2014), I left for Singapore in 2012. And have started back in US in Feb 2015.

 

Is there a way to know from the visa stamp /Notice of Action (I797) / LCA ? Since my current employer has mentioned not to contact them until end of April for any questions related to the H4 EAD process.

 

Also, my ex-employer may probably not give me the information around the I-140, since I am not a current employee and they will not route to Legal team in this case. Is there a way to find out if the I-140 is still active and has not been revoked ?

 

 

Thanks for the assistance and inputs. Appreciate the replies....

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Exact dates:

- H1B filed by employer 1 from 2005 until 2014.. I was active with this employer from Mar 2005 until Aug 2012 (7+ years of H1B). Then left for Singapore, was employed in SG from Sep 2012 until Jan 2015.

- H1B filed by employer 2 effective Nov 2014. Started with this employer on Feb 2015.

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You need receipt number for I-140 from receipt notice/ approval notice. Track it in USCIS case tracking tool.


Also, my ex-employer may probably not give me the information around the I-140, since I am not a current employee and they will not route to Legal team in this case. Is there a way to find out if the I-140 is still active and has not been revoked ?

 

 

 

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Hi

My husband is in 8th year of H1B. He changed his job. His I140 from his previous employer is still valid. But my question is am i eligible for EAD even if the I140 is revoked, since he has 6+ years extension? Please reply

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Hi

My husband is in 8th year of H1B. He changed his job. His I140 from his previous employer is still valid. But my question is am i eligible for EAD even if the I140 is revoked, since he has 6+ years extension? Please reply

I think you are eligible.

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Hi Attorney,

 

If you can help with more details as this will help most of us when we do our paper work in submitting the H4 EAD application.

 

Approved I-140 --> If My Employer is not willing to share the approval copy, and I have the Receipt number, how can we show in documentation that I have approved I-140. what are our options

 

6+ years in H1 --> I am in the country for 10 years, what are the supporting documentation that I need to provide to show that I have exceeded 6 years

 

 

Thanks !

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Approved I-140 --> If My Employer is not willing to share the approval copy, and I have the Receipt number, how can we show in documentation that I have approved I-140. what are our options

 

Receipt number is enough. Print case status page  showing approved  I-140 from USCIS tool.

 

6+ years in H1 --> I am in the country for 10 years, what are the supporting documentation that I need to provide to show that I have exceeded 6 years

 

Your latest H-1B approval copy and PERM Filing or I-140 filing copy to show it is pending for more thn 365 days.

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what happens to h4 EAD if the spouse on H1 B gets out of status?

H4 is valid only if H1 is valid, so if you are out of status then your spouse is also out of status.

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