H1B and H4 Recoupled

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the recent court case that now requires concurrently filed H1B and H4 filings to be adjudicated at the same time.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.     

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

[ghm2183]

Q: Is premium processing for standalone H4 EAD still not available?

Detail of my case: I was impacted by the recent layoffs and decided to get my H4 based on my Spouse's H1B(She has an approved i-140). After getting my H4 visa via consular processing I applied for H4 EAD on Dec 29th. Could premium processing apply to it?

[h-1buser]

My employer will be filing for my H-1B extension in March 2023. I would like to include my spouse's H-4 and H-4 EAD extension applications along with my extension application. As per this settlement, are there any specific set of instructions that employers/law firms need to follow when filing H-1B, H-4 and H-4 EAD extension applications? Is filing all extension applications "together" the only requirement? Please let me know. Thank you.

 

 

[Jass Bai]

1. So this means if H4 EAD is filed along with Premium H1b and H4 petition, H4 EAD will also treated as premium and will be adjudicated at same time 

2. when is this rule going to be in effect 

[H1-holder]

Hi, I have filed H1, H4 and EAD together in October, 2022 in premium (H1). H1 got approved in 10days but still H4 didn't approve also EAD receipt not received yet. My attorney said raised a request for EAD receipt but no response yet. Could you please help me what's my next step? EAD expired and my wife is on break now. Thanks.

[Attorney_22]

On 1/26/2023 at 10:28 PM, ghm2183 said:

Q: Is premium processing for standalone H4 EAD still not available?

Detail of my case: I was impacted by the recent layoffs and decided to get my H4 based on my Spouse's H1B(She has an approved i-140). After getting my H4 visa via consular processing I applied for H4 EAD on Dec 29th. Could premium processing apply to it?

Premium processing is not yet available for stand alone H4EADs. 

[Attorney_22]

On 1/27/2023 at 12:12 AM, Jass Bai said:

1. So this means if H4 EAD is filed along with Premium H1b and H4 petition, H4 EAD will also treated as premium and will be adjudicated at same time 

2. when is this rule going to be in effect 

We expect that to be the outcome. This change has already taken place. 

[Attorney_22]

On 1/27/2023 at 1:10 AM, H1-holder said:

Hi, I have filed H1, H4 and EAD together in October, 2022 in premium (H1). H1 got approved in 10days but still H4 didn't approve also EAD receipt not received yet. My attorney said raised a request for EAD receipt but no response yet. Could you please help me what's my next step? EAD expired and my wife is on break now. Thanks.

Since your question is in regards to your specific circumstances, it is best to call our office to discuss your issues directly.