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L1_to_H1

H4 Delays

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Hello,

   My company applied for extension of H1visa for me and H4 extension for dependents in May. My visa was converted to premium in late September and I got approval by end of September. Since then there has been no movement on H4 visa. It has been 7 weeks since H1 approval. Even though the Vermont center is still processing the H4's around the application date of my family's H4 I was wondering what can be the cause of delay? Usually H4 follows H1's approval within couple of weeks. 

 

 

 

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Hello, 

 

I am completing a J1 research scholar program and approaching the last two months of my 5 year period. At this point since I don't have a current H1B (cap exempt) sponsor I am planning to transition into a H4 visa linked to my spouse. My spouse's employers are filing a I-140 (premium) in the next 2 months so I hope to be in line to apply for a H4 EAD once I get onto the visa.

 

My J period ends in mid Jan 2016. Is there a minimum period before which I need to file for change of status I-539? Also, I am aware that I need to have an approved J1 waiver of the 2 yr residency. I have already obtained that from required agencies. 

 

Is there a minimum wait time on H4 to apply for EAD in that case ? There are 2 options here 1. Apply for H4EAD with approved I 140 or 2. File concurrent I 485 since the application will be in the eb1 category.

 

Thanks.

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