nvedia Posted September 15, 2016 Report Share Posted September 15, 2016 My H1B is valid till Dec,2018 with an approved I140. My spouse H1B is also valid till Sep,2017 and she wants to come on H4 EAD She is currently working, what is the best way to minimize the employment gap? 1. When we apply H4 and H4 EAD together, I have noticed that both H4 and H4 EAD are given together. Is this purely on the discretion of USCIS or it always happens like that? In this way, there would be no gap? 2. Also, is there an option to put future date for H4 (so put future date of Dec 20 start date for H4 when applying on Sep 20). By putting future date and assuming USCIS takes 3 months for processing of H4+HE EAD together, gap can be minimized. Is this true? 3. I know for sure that primary H1B extension in Premium + H4 + H4 EAD if all applied together has best chance but since my H1B is already extended, can I do my H1B amendment in premium along with H4 and H4 EAD? Can someone suggest any kind of amendment which might work just for this purpose? Also, if I change my employer, then my H1B transfer in PP + H4 + H4_EAD all can be done together too using my old I140 for H4 EAD?Client would not wait for more than 2 weeks of unpaid vacation Any other way to reduce employment gap? Link to comment
JoeF Posted September 15, 2016 Report Share Posted September 15, 2016 While H4 COS and EAD can be filed together, the EAD is only processed once the H4 is approved and valid. Putting a future date on the H4 does not work. There will always be a gap. Link to comment
nvedia Posted September 20, 2016 Author Report Share Posted September 20, 2016 Sorry but that is not really true, I have seen many cases where H4 COS and H4 EAD and both granted together and also putting future date does work Link to comment
JoeF Posted September 20, 2016 Report Share Posted September 20, 2016 5 hours ago, nvedia said: Sorry but that is not really true, I have seen many cases where H4 COS and H4 EAD and both granted together and also putting future date does work And pray tell, where did you see that? Are you a lawyer? In general, the EAD is only processed once the person is in H4 status. Things may get faster if an H1 extension and H4 are filed at the same time in premium processing, but these still will be a gap to the EAD. Link to comment
nvedia Posted September 21, 2016 Author Report Share Posted September 21, 2016 On 9/20/2016 at 10:55 AM, JoeF said: And pray tell, where did you see that? Are you a lawyer? In general, the EAD is only processed once the person is in H4 status. Things may get faster if an H1 extension and H4 are filed at the same time in premium processing, but these still will be a gap to the EAD. I saw it on t-r-a-c-k-i-t-t where lot of people got both H4 and H4 EAD together and hence no gap Link to comment
JoeF Posted September 21, 2016 Report Share Posted September 21, 2016 2 hours ago, nvedia said: I saw it on t-r-a-c-k-i-t-t where lot of people got both H4 and H4 EAD together and hence no gap Hmm, I'm posting there as well, and I haven't seen any such posts in the H1 forum there. And even in the EAD forum, the timelines people posted support my statement. So, I stand by my statement. Occasionally, things may be approved quickly, but it would be foolish to depend on that. Link to comment
nvedia Posted September 24, 2016 Author Report Share Posted September 24, 2016 On 9/21/2016 at 3:42 PM, JoeF said: Hmm, I'm posting there as well, and I haven't seen any such posts in the H1 forum there. And even in the EAD forum, the timelines people posted support my statement. So, I stand by my statement. Occasionally, things may be approved quickly, but it would be foolish to depend on that. Ok So what you are saying in below two situations, it wont make any difference in terms of getting H4 EAD faster and having less employment gap 1. File primary H1B amendment (already valid till Dec 2018) in premium along with H4 COS + H4 EAD in same packet 2. File only H4 COS + H4 EAD (which as per USCIS website takes 3-5 months) so once H4 is approved, wait for H4 EAD to get approved and leave the job Link to comment
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