Filing H1 to H4 COS with concurrent EAD


andiamo

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 San Francisco, CA | May 24, 2017

Hi, 

Both me and my spouse are on H-1 visas. My wife's Labor has been certified and I-140 under processing since Sep '16. 
We are soon going to upgrade her I-140 to premium 

I was planning to move to H-4 status and file a concurrent EAD application. 
Couple of questions in this regard 

1. My wife's H-1 is valid until Jan '18. Would it be better for her to get the H1 extension processed before I move to H4 / file for EAD. 
Not sure if premium processing is open for H-1 extensions as on date 

2. If I file for H4 and EAD before the extension, I believe my EAD would be valid only till Jan '18. Is that correct. 
In which case I might have to again file for an EAD extension based on my wife's H-1 extension approvals. 

Please advise which of these would be a better option to pursue 

Thanks

 

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9 hours ago, andiamo said:

 

 San Francisco, CA | May 24, 2017

Hi, 

Both me and my spouse are on H-1 visas. My wife's Labor has been certified and I-140 under processing since Sep '16. 
We are soon going to upgrade her I-140 to premium 

I was planning to move to H-4 status and file a concurrent EAD application. 
Couple of questions in this regard 

1. My wife's H-1 is valid until Jan '18. Would it be better for her to get the H1 extension processed before I move to H4 / file for EAD. 
Not sure if premium processing is open for H-1 extensions as on date 

2. If I file for H4 and EAD before the extension, I believe my EAD would be valid only till Jan '18. Is that correct. 
In which case I might have to again file for an EAD extension based on my wife's H-1 extension approvals. 

Please advise which of these would be a better option to pursue 

Thanks

 

The best thing to do is your wife's employer can file for your wife's H-1 extension + your COS to H-4  (I539) + H-4 EAD (I765). All three applications can go together in premium processing. That way you can get H-4 till Jan 2021. Or else if you do now you will only get till Jan 2018 and you have to pay for EAD renewal again. Premium processing is suspended right now but USCIS might open the service in couple of months. Get ready with your documents. Once USCIS starts premium processing your wife's employer can start the paper work and ship them.

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Thanks that helps !

However in the likelihood of premium processing not opening up for a longer time, I was hoping I could get to H4 EAD and have my wife file her H-1 extension in regular till we have a option to upgrade to premium.

Not sure if I'll be able to maintain H4 /EAD status based on the H-1 extension receipt post Jan '18 in that case

Thanks

 

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