H-4 EADs

[rahul412]

Because you have completed 6 years on H1b, you should be eligible. 

But according to the below article, I140 should be "alive" for H4 EAD.

 

http://www.murthy.com/2015/02/25/overview-of-the-new-h-4-ead-rule/

[krishna1234567]

The link says

 

However, it is necessary for either the PERM LC or I-140 to still be "alive," meaning not having received a final denial or revocation decision

 

I140 can be revoked but I dont think there is any thing called revocation of PERM LC.. May be I am wrong ? Experts please advise

 

so is it ok to have I140 revoked

[rahul412]

The link says

 

However, it is necessary for either the PERM LC or I-140 to still be "alive," meaning not having received a final denial or revocation decision

 

I140 can be revoked but I dont think there is any thing called revocation of PERM LC.. May be I am wrong ? Experts please advise

 

so is it ok to have I140 revoked

I guessed the same, but I am confused here just like you.

[ashuneel]

I don't think it is OK to have I140 revoked, How will  you get the next H-1 extension if I-140 is  revoked.H4 is  based on valid H1 so without valid H1 there is no H4 and   subsequently no EAD.

[rahul412]

I don't think it is OK to have I140 revoked, How will  you get the next H-1 extension if I-140 is  revoked.H4 is  based on valid H1 so without valid H1 there is no H4 and   subsequently no EAD.

What will be the case if I140 was revoked after H1 ext was approved??

[wiweq]

But according to the below article, I140 should be "alive" for H4 EAD.

 

http://www.murthy.com/2015/02/25/overview-of-the-new-h-4-ead-rule/

H4 EAAD are based on two cases: 1. Approved I140 2. Extended H1b beyond 6 years under AC21.

Though I140 is revoked, OP's H4 may be approved for EAD for second clause. 

[rahul412]

H4 EAAD are based on two cases: 1. Approved I140 2. Extended H1b beyond 6 years under AC21.

Though I140 is revoked, OP's H4 may be approved for EAD for second clause. 

I understand that, but in that article it was mentioned that I140 should be alive so I was little bit confused.

[wiweq]

I understand that, but in that article it was mentioned that I140 should be alive so I was little bit confused.

That is for those who opted to get H4 based on approved I140. 

If petitioner chose to get H1b ead based on beyond 6th year extended H1b under AC21, I140  is unrelated. Even if its revoked or approved.

For an example, if H1b is in 7th years H1b based on pending PERM, his/her H4 is eligible for EAD. In this case I140 is not related.

[krishna1234567]

but what about the case got 3 yrs extension based on approved I140 from employer A (which  he wil revoke sooon since joining new employer B)... can we still apply for H4 EAD as new employer visa is approved beyond 6 years based on AC21 ?

[wiweq]

but what about the case got 3 yrs extension based on approved I140 from employer A (which  he wil revoke sooon since joining new employer B)... can we still apply for H4 EAD as new employer visa is approved beyond 6 years based on AC21 ?

Read more about AC21. 

Any H1b extension beyond 6 years is under AC21 extension. Till 6 years of H1b quota its regular extension. Extension based on pending labor, approved 140 are the examples of AC21. Before AC21, extension beyond 6 years of H1b was not possible at all. 

[sweta_chandran]

Hi 

This is a question about H4 - EAD - validity.

I have my current H4 stamped until 30-Aug-2015. I'm in India and will be travelling 1st week of May to US.

My Husband who is on H1B working in USA has the same validity 30-Aug-2015.

I-140 is approved for my husband on 13-Apr-2015.

 

My questions are:

1.  Assuming I will be in US by 1st week of May, Can I apply for my EAD On May 26th?

 

2.  I believe the processing time for H4-EAD is going to be in the ball park of 90 days or more. In that case, by the time my EAD is approved, I will be at the end of my H4 visa.  What will be the validity of my EAD?

 

3.  When my EAD application is in process, and if my husband & I file for H1B & H4 extensions together, will that be considered when determining the validity of my EAD? I mean, will they wait till my H4 is extended and then issue EAD (or) will they just issue EAD with 30-Aug-2015 date?

 

4.  Is there a fee to extend EAD validity?

 

Please let me know if I have provided all necessary information or need more information from me.

 

Thanks,

Sweta.

[rahul412]

File H4 ext and EAD at the same time.

[bsr123]

My spouse has an approved I140, in US and working. I am in India and working.

 

Being in India, can I apply for H4 EAD?

 

Please let me know.

[rahul412]

My spouse has an approved I140, in US and working. I am in India and working.

 

Being in India, can I apply for H4 EAD?

 

Please let me know.

No, bcos you need I94 for EAD application.

[bsr123]

Appreciate your reply Rahul.

 

Once I apply EAD, can I travel India and come back when it gets approved? I have a stamped H4 visa.

Do you see any risks to leave US while the EAD application is in process?

[kavyaa32]

I have an approved I140 from my previous employer. It was NOT revoked by my previous employer. I have started the process again with my current employer and it is in the labor certification process. I am in the 5^th year of my H1B. Will my spouse be eligible for EAD on the basis of previous approved I140?

[ashuneel]

but what about the case got 3 yrs extension based on approved I140 from employer A (which  he wil revoke sooon since joining new employer B)... can we still apply for H4 EAD as new employer visa is approved beyond 6 years based on AC21 ?

I think H4  EAD based on I-140 will only be  approved if the I-140 is in approved and not revoked status at the time of         reviewing the EAD case papers/application. If I-140 is revoked after approval the renewal of H4 EAD will be denied.

[EADAsp]

Hi,

My husband I 140 is approved. I have to apply EAD on May 26th.

But I am traveling to India and returning in July.

Can I apply for EAD in July?

Please let me know..

[ashuneel]

Hi,

My husband I 140 is approved. I have to apply EAD on May 26th.

But I am traveling to India and returning in July.

Can I apply for EAD in July?

Please let me know..

yes

[veritas1011]

Hi, 

 

I am in my 4th year of H1B and have an approved I-140, my wife is on H1b since last year and is going to change to H4 for the EAD. Can she still work on her H1B until the H4 is approved or does she need to stop once the H4 receipt is received?

 

Please advise.

 

Thanks!

Kumar

[ashuneel]

Hi, 

 

I am in my 4th year of H1B and have an approved I-140, my wife is on H1b since last year and is going to change to H4 for the EAD. Can she still work on her H1B until the H4 is approved or does she need to stop once the H4 receipt is received?

 

Please advise.

 

Thanks!

Kumar

stop working once H4 is approved.

[ashumini]

Hi

My wife is a green card holder and i came to usa in a visiting visa and my return stamp is upto oct 8th 2015.....i have heard abt EAD and would like to know the procedure ,processibg duration of time and fee.....and will tis be really helpfull for me.....

Thank u

Ashwin

[shoba2h]

Hi

My wife is a green card holder and i came to usa in a visiting visa and my return stamp is upto oct 8th 2015.....i have heard abt EAD and would like to know the procedure ,processibg duration of time and fee.....and will tis be really helpfull for me.....

Thank u

Ashwin

H-4 EAD is for H4 visa holders whose spouse is on H1B.  In your case, it looks like you came on visit visa.  So you will not be eligible for EAD.

[thakuramit1981]

I need some urgent help

 

I have

I140 EB3 from one Employer

I140 EB2 from 2nd Employer

 

My Client now wants me to join him as a FTE and wants H1 transfer.

 

If I do a transfer, how would I be able to get file EAD for my wife based on I140.

Can I still use new I797 from new employer and I140 from old employer or is there a different approach I would have to follow.

 

Thanks

[sagi85]

As per uscis i140 should be active at the time of filing for EAD. Make sure that your employer won't revoke it.