H1 to H4 and I140 EAD

[Kavitha Krishna]

Hello,

I am on H1B Visa with I-140 approved. I have VISA valid till 30-Aug-2018. My spouse is currently on H1B VISA (Validity 31-Dec-2018).  He had H4 VISA earlier till 15-Jun-2016. But When I applied for my H1B extension after 15-Jun-2016, I did not apply for his H4 extension since he was active on his H1 VISA.

He wants to get converted to H4 VISA now and get the H4EAD as well. My Questions are:

1. Can H4 Petition and EAD applied together in this case?
2. How long does it generally take? Is there any premium processing that can be done?
3. Can I file H4 and EAD separately through an attorney? Or should it be filed by my employer?

Thank you in advance!!

Regards

Kavitha Krishna

[shekar11#]

19 hours ago, Kavitha Krishna said:

Hello,

I am on H1B Visa with I-140 approved. I have VISA valid till 30-Aug-2018. My spouse is currently on H1B VISA (Validity 31-Dec-2018).  He had H4 VISA earlier till 15-Jun-2016. But When I applied for my H1B extension after 15-Jun-2016, I did not apply for his H4 extension since he was active on his H1 VISA.

He wants to get converted to H4 VISA now and get the H4EAD as well. My Questions are:

1. Can H4 Petition and EAD applied together in this case?
2. How long does it generally take? Is there any premium processing that can be done?
3. Can I file H4 and EAD separately through an attorney? Or should it be filed by my employer?

Thank you in advance!!

Regards

Kavitha Krishna

1. Yes.

2. There is no premium processing. Processing time is anywhere between 3 to 6 months. Lot of time goes towards change of status to H-4. Best thing is to go to Canada, get H-4 stamping, come back and apply for H-4 EAD. You will get EAD in less than 2 months.

3. You can file COS to H-4 and H-4 EAD by yourself. No need of attorney. Documentation is straight forward.

[ankurmota]

Hi Shekhar,

I ask this question as something like this applies to me too.

Can you elaborate on the point 2 answer? If majority of the time goes towards change of status to H4, and your suggestion is to go to Canada after that, how does this solve the problem of applying for H4 and EAD together?

Thanks

[shekar11#]

2 hours ago, ankurmota said:

Hi Shekhar,

I ask this question as something like this applies to me too.

Can you elaborate on the point 2 answer? If majority of the time goes towards change of status to H4, and your suggestion is to go to Canada after that, how does this solve the problem of applying for H4 and EAD together?

Thanks

Once you go to Canada and get ur H-4 stamping then you will be in H-4 status and only apply for H-4 EAD which takes a lot less time.

[ankurmota]

Thanks. Also,

If I were to move from H1B to H4 EAD, how should i plan this so that i can get maximum time before i tell my current employer that I am applying for the same. Plan is to continue working with my employer for the maximum duration of the H4-EAD process so that I dont go unemployed for a long time.

Thanks

[shekar11#]

16 hours ago, ankurmota said:

Thanks. Also,

If I were to move from H1B to H4 EAD, how should i plan this so that i can get maximum time before i tell my current employer that I am applying for the same. Plan is to continue working with my employer for the maximum duration of the H4-EAD process so that I dont go unemployed for a long time.

Thanks

You can apply for change of status (I-539) and H-4 EAD (I-765) concurrently. Most of the time they get approved on same day.