6 Yr H1B expired - Stamping H4 in Canada


h1b2va

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Hi ,

 

My 6 Year H1b expired and although my my employer filed for I 140 on premium , it was returned as it had to be accompanied by Original Certified Perm document. My employer has misplaced it and now I 140 has been re-applied on regular processing which'll take around 8-12 months . I don't have an H1b extension , and hence looking to go  for the H4 EAD although it's extremely dicey now , in terms of what's gonna be the fate of H4 EAD folks. Still going for it ...

Applied H4 from the US in oct 2018 and since processing is Vermont not sure how long it'll take. Contemplating going to Canada for stamping H4. , so EAD can come quickly

Anybody has any prior experience on this kind of scenario , please share your thoughts.Much appreciated

 

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On 3/7/2019 at 3:35 PM, h1b2va said:

Hi ,

 

My 6 Year H1b expired and although my my employer filed for I 140 on premium , it was returned as it had to be accompanied by Original Certified Perm document. My employer has misplaced it and now I 140 has been re-applied on regular processing which'll take around 8-12 months . I don't have an H1b extension , and hence looking to go  for the H4 EAD although it's extremely dicey now , in terms of what's gonna be the fate of H4 EAD folks. Still going for it ...

Applied H4 from the US in oct 2018 and since processing is Vermont not sure how long it'll take. Contemplating going to Canada for stamping H4. , so EAD can come quickly

Anybody has any prior experience on this kind of scenario , please share your thoughts.Much appreciated

 

Stamping is the quick and easy option.

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thanks Shekar11# and Prabu.bloomi# .. i have applied for Canadian visitor visa in an attempt to get H4 stamped ..
I had applied for EAD ( I 765) in January , almost 2.5 months after my COS from H1 to H4 was applied.

Now I learnt that the moment I leave the country , my existing COS will be abandoned.

 

Do I have to re apply for EAD , after I come back in after H4 stamping ?

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On 3/12/2019 at 9:28 AM, h1b2va said:

thanks Shekar11# and Prabu.bloomi# .. i have applied for Canadian visitor visa in an attempt to get H4 stamped ..
I had applied for EAD ( I 765) in January , almost 2.5 months after my COS from H1 to H4 was applied.

Now I learnt that the moment I leave the country , my existing COS will be abandoned.

 

Do I have to re apply for EAD , after I come back in after H4 stamping ?

Yes, as the H-1 to H-4 application will be void, the accompanying EAD would also be gone. But check with an attorney to be 100% sure.

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I checked with an attorney and I am pasting his comments here for the benefit of those who may go through the forum posts , facing similar situation :

"It's difficult to say for sure as USCIS practice in this area can be inconsistent, however there is a possibility that if the H-4 is denied because he departs the country( while a I 539 is in progress ), then the I-765(attached to it) could be denied as well, as it is dependent on his H-4 status. Thus, if he exits the United States and then re-enters using a visa obtained at a consulate, he should be prepared for the possibility of having to submit a new I-765. "

If USCIS does not have standard practice in such cases , then I am really lost as to what would be the best course of action 😞

 

 

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On 3/14/2019 at 2:50 PM, h1b2va said:

I checked with an attorney and I am pasting his comments here for the benefit of those who may go through the forum posts , facing similar situation :

"It's difficult to say for sure as USCIS practice in this area can be inconsistent, however there is a possibility that if the H-4 is denied because he departs the country( while a I 539 is in progress ), then the I-765(attached to it) could be denied as well, as it is dependent on his H-4 status. Thus, if he exits the United States and then re-enters using a visa obtained at a consulate, he should be prepared for the possibility of having to submit a new I-765. "

If USCIS does not have standard practice in such cases , then I am really lost as to what would be the best course of action 😞

 

 

File a new EAD and wait and see. At the max they will give an RFE to explain the situation.

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  • 2 weeks later...
  • 2 weeks later...
On 4/4/2019 at 5:23 PM, megh_2088 said:

Hello,

I was in similar situation as yours. I went to Canada and got my H4 stamped before my H1 got expired and applied for my EAD as soon as I came back. I also withdraw-ed my COS H1toH4 and EAD petition before applying for EAD.

I have stamped H4 as well as I ran out of patience on the change of status petition, taking ages.

the moment i returned back on H4 my I 1539 change of status was denied , saying I left country when change of status  was pending

 

I hv re applied for EAD . One EAD application is pending since Jan 15th 2019 and other one , yet to receive the receipt.

I just want the old EAD to be approved somehow.. not sure how all this works

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