smileysilvia Posted May 25, 2016 Report Share Posted May 25, 2016 Hi All, Currently I have H1B and applied for extension on Aug 2015. And my I-94 got expired on Sep 2015. But on May 13th I got a RFE regarding specialty occupation. As my attorney is not confident enough that my RFE will be accepted and case will be approved. She advised me that we will send RFE not in premium processing and will apply for concurrent H4 and EAD(my spouse has approved I 140). As the 240 day limit is getting off over by may end, I would like to apply for H4+EAD at the earliest. Can I apply the H4 and EAD concurrently by myself or do we need attorney to do this ? If yes, then what is the procedure ? Do I have to apply with two set of documents or one ? If I apply h4 with the expired I 94, do I have to send the recently applied H1B file, RFE etc or not ? Any kind of help is much appreciated. Thanks Nithya Link to comment
satish.sap970 Posted June 10, 2016 Report Share Posted June 10, 2016 You can, need to file I539(H4) form and I765 (EAD) applications and you can concurrently file both. But reach out to your immigration attorney, they would be best people to handle your case as their is a pending decision on your case.. Link to comment
JoeF Posted June 11, 2016 Report Share Posted June 11, 2016 Even if H4 and EAD are filed concurrently, the EAD would only be processed once the H4 is approved. And when the H4 is approved, you have to stop working, and you can only start again when the EAD is approved. Link to comment
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