H4/H4EAD/485 EAD pending processing ways to continue employment


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Hi,

I had my H1 approved, but my spouse H4/H4 EAD are still pending even the biometrics haven't completed the applications RD is July 23, 2020 and they are in CSC. My spouse currently works and she also drives to work few days a week. In the month of October when our filing dates for 485 became current we filed I-765 and I-131(RD is 10/5/20) as well. My spouse's current H4/H4EAD will expire on Dec 18. She is anxious about losing her job and there is a potential that the job may offshore if she can't continue or out of work for longer. The questions are:

1. Does she need to resign from the job or can she just go for a leave of absence without pay? Her employer is e-verified. Is there anything can be done so she retains her job?

2. If she gets her I-765 from GC sooner than H4EAD, can she start working on it alone while I continue working on H1? Or do I also need to switch to EAD?

3. Is there a way GC's I-765 can be expedited or approved in faster manner since it doesn't need biometrics for processing? USCIS is denying H4EAD expedite request under the pretense of the non-completion of biometrics for H4.

4. If she gets H4EAD later than GC EAD, can she switch to H4/H4EAD? What are the repercussions?

 

 

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Similar situation

same employer since 2010, EB2 Priority Date Same Employer Feb-25-2011. HR/Legal decided to first file for AoS when there was advancement,  I would liked them filing H1/H4/EAD extensions back in sept

I485s, I765s (GC EAD)  and AP applied Nov-02-2020 downgrade to EB3 (no receipts as of Nov-22)

H1 H4 and H4 EAD expiring end of Feb-28-2021, extension applied to VSC/EAC Nov-10-2020 (receipts received last week)

- 4 to 6 months lead time shown on lead times page

- not sure if H1 and H4 and H4 EAD processed at same time or one after other

- could potentially expedite but will likely need to expedite all 3 for H renewal or AoS

- unknown if H4 -EAD approval notice can be used for I-9 after 12/31/2020 ... H4 is employed by School District (Government). Not sure if things will come in time or need to terminate and hire or expedite to avoid the mess and pay $$.

- I assume that once approved, H4 could use either EAD to work. But too many ifs and buts if EADs do not come in by end of Feb

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