gpsrini1012 Posted September 21, 2021 Report Posted September 21, 2021 Query: I got a query on my H4 EAD stating "According to USCIS records, you filed a Form I129 and was approved on.... granting you h1B non immigrant status until... To be eligible for employment authorization under c(26) eligibility category you must establish that you currently hold valid H4 non immigrant status. Submit evidence that you hold valid H4 non immigrant status." Background: When I had almost reached my H1B cap (with 6 months left), I transferred to H4 and through H4 EAD c(26) category I continued my employment with same employer once I received H4 EAD. Then I applied for H4 renewal and standalone EAD renewal. I had emergency travel to India, and got H4 stamped. Due to travel ban, I was held up for few months. Meanwhile my employer got my H1B extension based on my approved i140. I waited for getting stamping as I could not get the visa stamping interview dates so travelled back to USA on H4 as my kids school were reopened. My employer is not ready to do change of status from H4 to H1. I got above H4 EAD query. What are the expert suggestions on my case? Questions: If I respond to H4 EAD query will my H1B be cancelled? What document i need to provide to prove the H4 nonimmigrant status as part of the RFE? If my company does change of status, will it be a new petition, may be I will not get the same period for which it is approved now for 3 full years? If I have to change employer, will they do change of status and company transfer? Quote
pontevecchio Posted September 21, 2021 Report Posted September 21, 2021 They are asking for proof that you are in H4 status now and you can show them evidence in the form of the I94 you got on the last admission. Quote
gpsrini1012 Posted September 22, 2021 Author Report Posted September 22, 2021 Anyone please help me by responding to the above query .....Thank you in advance Quote
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