H1b /H4 EAD visa


barry

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Hello,

My wife h1b application got picked last year 2016 and recently got RFE after one year. The company XXX is going to submit the required documents and meanwhile my i140 got approved last week. I got few questions on this situation

1. Do i need to retrieve back the h1b application of my wife in case if i apply for h4-ead or can i go ahead with with the submission of both the applications to USCIS?

2. Would like to know if its better to be on h4 ead or h1b ( in case both gets approved)

Thank you!

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  1. I think you can always apply for H4-EAD on the side and keep the EAD card ready. I hope your wife is on H4 status. Check with your attorney once before you apply.
  2. I would suggest you to be more inclined towards H1 since H4-EAD policy repeal issue going on currently. We still dont know for sure if this will remain or be revoked. Also this will help her get I140 and you guys will have that flexibility for you to go on EAD if need arises.

 

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