Kavitha Krishna Posted March 28, 2017 Report Share Posted March 28, 2017 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: Can H4 Petition and EAD applied together in this case? How long does it generally take? Is there any premium processing that can be done? 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 Link to comment
shekar11# Posted March 29, 2017 Report Share Posted March 29, 2017 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: Can H4 Petition and EAD applied together in this case? How long does it generally take? Is there any premium processing that can be done? 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. Link to comment
ankurmota Posted March 31, 2017 Report Share Posted March 31, 2017 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 Link to comment
shekar11# Posted March 31, 2017 Report Share Posted March 31, 2017 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. Link to comment
ankurmota Posted April 3, 2017 Report Share Posted April 3, 2017 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 Link to comment
shekar11# Posted April 4, 2017 Report Share Posted April 4, 2017 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. Link to comment
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