H4 EAD - Gap In Employment


mnm0710

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So my parents are in a bind right now

 

My mom is on H1B based on I-140 approval.  Her employer filed her I-129 renewal in December but the person filling the forms was new and made some mistakes that caused it to be rejected.

 

Another mistake happened the second time regarding dates.  I don't know why they just didn't copy and paste the previous renewal but what can we do.

 

My dad is on H4/EAD.  Problem is that because of these mistakes and the fact that my parents didn't think about Premium Processing the expiration date is end of this month which means really no chance of getting H4 EAD approval.

 

What are their options?  Based on correspondence with USCIS from last week her I-129 should be approved this week.

 

I know you cannot work while EAD is in process, only once the card is in hand.  Do they have any options of filing an expedite request on H4/EAD even though it hasn't even started the 90 day clock yet?

 

I'll probably recommend them talking to an immigration lawyer like Murthy but figured I'd ask anyways. 

 

Thanks!

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  • 1 month later...

So my parents are in a bind right now

 

My mom is on H1B based on I-140 approval.  Her employer filed her I-129 renewal in December but the person filling the forms was new and made some mistakes that caused it to be rejected.

 

Another mistake happened the second time regarding dates.  I don't know why they just didn't copy and paste the previous renewal but what can we do.

 

My dad is on H4/EAD.  Problem is that because of these mistakes and the fact that my parents didn't think about Premium Processing the expiration date is end of this month which means really no chance of getting H4 EAD approval.

 

What are their options?  Based on correspondence with USCIS from last week her I-129 should be approved this week.

 

I know you cannot work while EAD is in process, only once the card is in hand.  Do they have any options of filing an expedite request on H4/EAD even though it hasn't even started the 90 day clock yet?

 

I'll probably recommend them talking to an immigration lawyer like Murthy but figured I'd ask anyways. 

 

Thanks!

 

H4 extension and H4 EAD does not fall under PP only H1 is subjected to PP (if applied) 

 

If I-129/I-539/I-765 are applied at a time...  Below is what happens

 

if H1 extension is filed in PP, then as a courtesy USCIS will expedite the case of H4 extension based on principal application H1B.

 

However the clock on H4 EAD will only start from the approval date of H4 extension... 

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