6th year H1 - perm question

[krishchaitu05]

Hi, 

my wife is in her 6th year extension which ends in Sept 2020. Her perm is applied in Dec 2019 (less than 365 days of last day of H1) and it has received an audit. 

I am trying to find what her options are.

1. Can perm be approved if it is in audit state before sept?

2. If the perm is approved after the last date of her h1(say november), can she apply for extension at that time?

3. H4 question - what is the best approach to convert to H4? 

3a. To apply for H4 here?

3b. To send her to India after her h1 is completed?

4. Can I apply H4 and H4 EAD at the same time? Or should they go one after the other?

Thanks!

[krishchaitu05]

Extension to the question:

If she goes to India for H4 visa stamping, can I apply EAD for her while she is in India? 

[Mav777]

I’ll address some of the questions:

1. Not likely. Check perm audit processing times on the icert website.

2. No, if the perm is approved in November she cant apply for an extension. She will have to wait till the I-140 is approved to file for a 3-year extension. Since I-140 can be filed in premium that should be a quick process if the company is ready for file for it as soon as perm is approved.

Alternatively, if the perm is still pending by December 2020 i.e. 365 days after the perm was applied ( which is likely given the audit), the company can apply for a 1-year extension based on a pending perm. Then once perm is approved and I140 is approved, apply for the regular 3 year extension.

3. Could covert to H4 if she doesn’t want to leave the country but note COS processing times are 5-6 months atleast, probably more due to covid, so she won’t be able to work anyway after Sep 2020 till the h4 and ead are approved.

 

[JoeF]

18 hours ago, krishchaitu05 said:

Extension to the question:

If she goes to India for H4 visa stamping, can I apply EAD for her while she is in India? 

No. She has to be in the US to file the EAD.

[gopalakrishnach]

1. I guess no.

2. Apply I140 in premium after it is approved she can file for H1B extension not before I140 approval.

3. You can apply for H4. During processing time she cannot work. You can apply for H4 from H1B while she cna be in USA.

4. H4 and H4 EAD at same time is good. I always do H1B, H4, and H4 EAD at same time.

 

If she goes to India for H4 visa stamping, can I apply EAD for her while she is in India?  -- I personally feel better to apply when she is in USA.

[User099]

Best thing you can do is to apply now for her COS to H4 and EAD at the same time. She can work till the H1 expiry and when H4 and EAD are approved she can switch over to H4 and work. Her GC processing can continue while she is on H4. 

 

[G2_India]

On 7/9/2020 at 5:58 PM, Mav777 said:

I’ll address some of the questions:

1. Not likely. Check perm audit processing times on the icert website.

2. No, if the perm is approved in November she cant apply for an extension. She will have to wait till the I-140 is approved to file for a 3-year extension. Since I-140 can be filed in premium that should be a quick process if the company is ready for file for it as soon as perm is approved.

Alternatively, if the perm is still pending by December 2020 i.e. 365 days after the perm was applied ( which is likely given the audit), the company can apply for a 1-year extension based on a pending perm. Then once perm is approved and I140 is approved, apply for the regular 3 year extension.

3. Could covert to H4 if she doesn’t want to leave the country but note COS processing times are 5-6 months atleast, probably more due to covid, so she won’t be able to work anyway after Sep 2020 till the h4 and ead are approved.

 

Agree with this.