H1B vs. EAD Work Authorization

[kbamar83]

Hello Attorney22,

According to the Cronin Memo I can travel on AP and come back to the country and work on H1B. My H1B expires on 2017 Sep. Will I be able to renew my H1B ( to be on safe side) after Sep 2017 even though I have traveled on AP. IMO, it shouldnt be a problem. :)

[Attorney_22]

Hello,

 

My OPT expired at October end but my H1 petition was approved with a start date of October 1. My OPT employer is employer A and the petitioner is employer B. 

 

Can I still work with employer A until October end and then start working with employer B ? Is this legally possible ?

 

Also I am planning to travel next month. Will this affect stamping when I am returning ?

 

Thank you!

If your H1B was filed as a change of status beginning October 1st and you have been working pursuant to OPT for a different employer since October 1st, then you have been working without authorization and violating your H1B status. Due to the issues involved it is recommended to speak directly with your H1B attorney. If you do not have access to your H1B attorney, attorneys at the Murthy Law Firm are available to discuss this in detail. Feel free to call our office to schedule an appointment.  

[Attorney_22]

Hello Attorney22,

According to the Cronin Memo I can travel on AP and come back to the country and work on H1B. My H1B expires on 2017 Sep. Will I be able to renew my H1B ( to be on safe side) after Sep 2017 even though I have traveled on AP. IMO, it shouldnt be a problem. :)

That is correct, the Cronin Memo is still good guidance. 

[dhapi]

Hi,

 

·  My wife is on H1B since last October and her current project might get over in 10 days. Wanted to know what is the best option to be on H1b or move to H4 EAD ( As I have my I-140 Approved )

 

·  She had entered the country on H4 in 2012 and since we never left she doesn’t have H1B on her passport. We are planning to travel to India for 2 weeks starting Nov 18^th can we get her H4 stamping done instead of H1b? Or we need to file COS for her?

 

· Can we apply for H1b to H4 COS and EAD together before we go to India and while these are pending we apply for H4 Visa in India?

[prasannah4]

Hi,

 

 

I recently applied from H1b to H4 and got receipt number today. My husband got his 140 approved last year.

1) Just now i got to know that I can apply for H4 and H4 Ead together. Is this Correct?

2) Can i apply for H4 EAD for the same receipt number of h4 now?

3) Shall i need to apply separately H4 EAD now? or after 3 months i need to apply?

4) in future if  i need to activate my H1b what need to be done for my current h1B? i mean can we reactivate the h1b after it revoked?

5) my husband want to go for full time, so what is the process to keep his 140 in active and change the employer?

 

thanks in advance.

 

Thanks

Prasanna

 

[bharathikannam]

Hi, I somehow forgot to apply for my wife’s H-4 extension of stay before the I94 Expiry oct 11, 2015. However, i applied after 15 days of her expiry. Got the receipt notice too oct 28, 2015. to be precise after 17 days – received date and 19 days notice date. Received date oct 28, 2015 and notice date oct 30, 2015. Could you please let me know will it get approved? 

 

My Attorney said USCIS might approve or reject my wife’s H4 Extension application.

 

Please suggest

[artimd]

I currently have an approved I140 with priority date as Aug 2012.

I am accepting a new job offer and the new employer will file a new PERM and retain the priority date as Aug 2012.

 

My question is say for example my new I140 (with new employer) gets aproved by April 2017.

 

If anytime before April 2017, the priority date for Aug 2012 becomes current (say it becomes current by Dec 2016).

In that case will I be eligible to file for EAD as soon as I get my approval for I140? (is it allowed to file I140 and I485 at the same time?)

 

In above situation, are there any scenarios under which I wont be able to file for I485 once my I140 is approved?

 

Thank you.

[Attorney_20]

 

Hi, I somehow forgot to apply for my wife’s H-4 extension of stay before the I94 Expiry oct 11, 2015. However, i applied after 15 days of her expiry. Got the receipt notice too oct 28, 2015. to be precise after 17 days – received date and 19 days notice date. Received date oct 28, 2015 and notice date oct 30, 2015. Could you please let me know will it get approved? 

 

My Attorney said USCIS might approve or reject my wife’s H4 Extension application.

 

Please suggest

 

Generally, an Extension of Stay can only be approved if it was filed before the current I-94 card expired.  USCIS will most likely deny the application.  In that case, your wife may need to travel to home country to apply for an H-4 visa.  Also, please note that she is probably unlawfully present in the U.S.since October 12, 2015 (i.e., the date after her I-94 card expired).  Being unlawfully present for 180 days or more can make her subject to a bar from reentry into the U.S.  You should speak with an immigration attorney about this case.  

[murthylawrocks]

Hi,

 

I am not sure if this "Topic of the Week" is still active. Please clarify ..

 

I am on H1b(Valid till Oct 2016) and my GC is Oct 2012 Priority Date. My wife got the H4 EAD with the recent change. I would like to what happens with the below situation

 

1) If I would like to change job, can the new employer transfer the visa and will I get it for 3 years or I will get it again only till Oct 2016?

2) Is it advisable to do premium processing for the H1b Transfer to be safe before I quit the current job. Is that ok to do via premium?

3) If I change job, what happens to my wife's EAD? Should we just reapply? Should she stop working? She just started to work but unfortunately I have to mostly change my job.

4) If I change job after successful transfer and if the new company say that they need 6 months to 1 year waiting period to restart the GC process, do I have that much time to wait?

5) What if the current employer wants to revoke my GC application immediately after I quit? Am I at risk of loosing the H1b that was transferred as because that h1b extension is due to the GC in process? I am not clear with this part. If this happens, do I need to leave the country or if that H1b transferred is a valid one and I have to just start the GC process again with the same Priority date? or I loose everything? 

 

Please clarify.

[vineet.saju]

Question regarding H4-EAD for spouse:-

 

My original H1-B was approved on Oct 2010 and my current employer has filed for my PERM(few months back) but it is not approved yet. Based on the filed PERM my employer has filed for an H1-B extension till Oct 2017. 

 

If the H1-b extension is approved, will I be able to file for an H4-EAD for my spouse based on the filed PERM and H1-B extension beyond 6 years?

 

Greatly appreciate any help.

 

Thanks,

Vineet

[vijikannan]

Hi,

 

I had my H1B visa and was in US for 1 year. My H1B got expired in 2009. Now I m currently in US in L2 Visa. I am planning to apply for EAD. I have the following questions.

 

1. Is there any possibility to renew my H1B Visa or have to come through the lottery system?

2. Can I apply for EAD and H1B Processing together?

 

Thanks

[Attorney_22]

Hi,

 

I am not sure if this "Topic of the Week" is still active. Please clarify ..

 

I am on H1b(Valid till Oct 2016) and my GC is Oct 2012 Priority Date. My wife got the H4 EAD with the recent change. I would like to what happens with the below situation

 

1) If I would like to change job, can the new employer transfer the visa and will I get it for 3 years or I will get it again only till Oct 2016?

2) Is it advisable to do premium processing for the H1b Transfer to be safe before I quit the current job. Is that ok to do via premium?

3) If I change job, what happens to my wife's EAD? Should we just reapply? Should she stop working? She just started to work but unfortunately I have to mostly change my job.

4) If I change job after successful transfer and if the new company say that they need 6 months to 1 year waiting period to restart the GC process, do I have that much time to wait?

5) What if the current employer wants to revoke my GC application immediately after I quit? Am I at risk of loosing the H1b that was transferred as because that h1b extension is due to the GC in process? I am not clear with this part. If this happens, do I need to leave the country or if that H1b transferred is a valid one and I have to just start the GC process again with the same Priority date? or I loose everything? 

 

Please clarify.

Generally the older topics are not reviewed as often as the current topic of the week. Nonetheless, in response to your questions, unfortunately they are quite involved and therefore require a more in-depth conversation over the phone to address all of the possibilities. Feel free to give the Murthy Law Firm a call to schedule a time to speak with one of our attorneys.  

[Attorney_22]

Hi,

 

I had my H1B visa and was in US for 1 year. My H1B got expired in 2009. Now I m currently in US in L2 Visa. I am planning to apply for EAD. I have the following questions.

 

1. Is there any possibility to renew my H1B Visa or have to come through the lottery system?

2. Can I apply for EAD and H1B Processing together?

 

Thanks

The current USCIS trend regarding using prior H1B time, leans toward denial when there has been a significant time-lapse since the last approval. You can find more information here: http://www.murthy.com/2015/11/23/h1b-remainder-approvals-even-after-long-absence-from-u-s/.

 

Your alternative is to file a new H1B in the lottery of April 2016 (if a cap-subject employer). Accordingly, the EAD may be your best option at this time. However, after reading the above listed article, you may want to discuss your options in detail with a knowledgeable immigration attorney.  

[tpm1maa]

Hi,

 

My spouse is currently on H1B visa with I-140 approved. I am on H1B and currently my H1B amendment is in progress due to change in my job location.

 

My questions are:

1. Can i apply from H4 EAD(based on my spouse approved I-140) while my H1b amendment is still in progress? or do i need to wait till my H1B amendment is approved and then apply for H4 conversion?

 

2. When converting from H1B to H4, will my current H1B status expire once H4 is approved?

 

3. When applying for H1B to H4 conversion, is there a possibility to mention a future date from which I would want the H4 to be effective from?

 

Any response in this regard is greatly appreciated. Have a nice day.

Thanks.

[AshD81]

Here is my scenario:

 

Currently, I am on H1B and my green card is in process through my employer. My AOS is already filed and I've already got my EAD & AP. While I am still working for my employer on H1B who has also sponsored my GC, I've another independent contract part time job offer from different client. My question is:

 

1) Can I use my EAD to work for new client as independent part time contractor?

 

2) If I use my EAD with new client, what will happen to my H1B status using which I'm working for GC sponsored employer? 

 

3) Would I still be able to maintain my H1B status while also using my EAD for part time job offer?

 

4) If I want to register a company for myself, should I use my H1B status or EAD to register my company?

 

Please advise. Thanks!