Concurrent Filing Question for Murthy Firm

[niko]

Hello Attorneys:

Does filing concurrently make any difference, I mean if you file an I-129, I-539 and EAD application concurrently, will USCIS approve all 3 at the same time?

More importantly, which date does USCIS consider as the date of application of EAD extension i.e. concurrent application date of all the 3 applications or the date that the I-129 or I-539 is approved?

If I have 6 months left on my current status and want to extend my current status and spouse status including EAD, will the EAD be approved on time if we apply now or with 5 months left on current status?

Thanks for any replies.

[niko]

Does murthy firm have any newsletter topic about the above topic?

If anyone has any knowledge about the concurrent filing question above, please share. Thanks.

[pontevecchio]

"Does filing concurrently make any difference, I mean if you file an I-129, I-539 and EAD application concurrently, will USCIS approve all 3 at the same time?"

No. For PP H1 extension if approved will mean H4 extension will also be approved if filed together. Ead is a separate matter. If you file H1 extension and H4 extension at separate times the approval will be at different times.

"More importantly, which date does USCIS consider as the date of application of EAD extension i.e. concurrent application date of all the 3 applications or the date that the I-129 or I-539 is approved?"

See 1. above. EAD has no connection to H. Usually the new EAD will be from the date of expiry of the previous EAD.

H1 extensions can be applied for up to 6 months before expiry...also H4 status. EAD is a different beast. Look at the USCIS website to find the earliest date you can apply for EAD renewal..Maybe 4 months?

[niko]

Originally posted by pontevecchio:

If you file H1 extension and H4 extension at separate times the approval will be at different times.

See 1. above. EAD has no connection to H. Usually the new EAD will be from the date of expiry of the previous EAD.

Thanks very much for your response. Yes, the EAD is taking long time, between 3-4 months now at all service centers.

My question is if extension of stay and EAD extension applications are filed concurrently, which date will USCIS count as Day 1 of the EAD extension application? They can take up to 120 days for EAD application (new or extension) adjudication.

Will it be the date the application for EAD extension was filed or will it be the date that a H status (or any other) extension of stay application is approved?

Since they are taking 3-4 months for EAD extension, I would like to know which date would they consider as Day 1 of EAD extension application: concurrent filing date or date of extension of stay approval?

Thanks to anyone who can share some info about this.

[pontevecchio]

EAD has no connection to H1. Usually the EAD will be made effective from the date of approval and not sooner than the previous EAD expiry.

[niko]

Originally posted by pontevecchio:

EAD has no connection to H1. Usually the EAD will be made effective from the date of approval and not sooner than the previous EAD expiry.

Thank you. I applied with 5 months left on my current status and 5 months left on spouse EAD. Hoping that we will receive extension on both before current ones expire.

If anyone is or has been in similar situation this year, have you gotten your extensions approved from VSC before your current ones expired when you applied 4-5 months before your current status expired?

Thanks for sharing your experience.