H-4 EADs

[marhath]

Attorney,

 

I got one scenario for you. My H1B's 6 year tenure is already over and i got  3 years of H1b extension based upon my I140 approved petition. And currently i'm on my 7th year of H1B.

I understand that my spouse is eligible to apply for H4 EAD since i have I140 approved. Now lets say after we get H4 EAD, i change my job to new employer , will our H4 EAD be invalid if my previous employer withdraws my I140?

 

Rgds

[jairichi]

Attorney,

 

I got one scenario for you. My H1B's 6 year tenure is already over and i got  3 years of H1b extension based upon my I140 approved petition. And currently i'm on my 7th year of H1B.

I understand that my spouse is eligible to apply for H4 EAD since i have I140 approved. Now lets say after we get H4 EAD, i change my job to new employer , will our H4 EAD be invalid if my previous employer withdraws my I140?

 

Rgds

Point 4 will answer your question.

 

http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

[snayani8541]

Hi Attorney/all,

 

I have a simple question with regards to filling my H4 EAD application.I am filing for H4 EAD and COS to H4 from H1 status.

 

1. The I-94 number on my I-797 (H1B) is different than on my recent online I-94. Which one am I supposed to enter in the I-765 form ?
2. What is A-number in form I-539 and where can it be found ?
3. In Part 3 of I-539 form, Q 1a (I/We request that my/our current or requested status be extended until (mm/dd/yyyy); should this be left blank since I am applying for COS from H1 to H4 ?

Please help. Thanks in advance.

 

Regards,

snayani

[jairichi]

Hi Attorney/all,

 

I have a simple question with regards to filling my H4 EAD application.I am filing for H4 EAD and COS to H4 from H1 status.

 

1. The I-94 number on my I-797 (H1B) is different than on my recent online I-94. Which one am I supposed to enter in the I-765 form ?
2. What is A-number in form I-539 and where can it be found ?
3. In Part 3 of I-539 form, Q 1a (I/We request that my/our current or requested status be extended until (mm/dd/yyyy); should this be left blank since I am applying for COS from H1 to H4 ?

Please help. Thanks in advance.

 

Regards,

snayani

1. Recent one

[snayani8541]

Hi all,

 

Kindly help me with A-number ? In form I-539, there is a question about What is your A-number, and I do not have a A-number that I know of. 

 

What exactly is A-number ? I am currently on H1. Would I even have an A-number ? Where can I locate it ?

 

Thanks in advance.

 

Regards,

snayani

[rahul412]

Hi all,

 

Kindly help me with A-number ? In form I-539, there is a question about What is your A-number, and I do not have a A-number that I know of. 

 

What exactly is A-number ? I am currently on H1. Would I even have an A-number ? Where can I locate it ?

 

Thanks in advance.

 

Regards,

snayani

If you doesn't have A number then enter your latest I94 number.

[snayani8541]

Thank you rahul412. I see a 9-digit number starting with A right above my name on my H1B document but not sure if that is the one to be entered. 

[kln_murthy]

Hi,

 

I have an approved I-140 and my wife is on a H4 visa. Can I apply for the EAD while she is travelling outside the country or am I supposed to wait until she gets back into the country?

 

Any information is greatly appreciated.

 

Thanks

[rahul412]

I don't think you will have A-number on H1 approval. Which H1 document you are talking about?

[harini.89]

Hi,

I am spouse of h1 visa holder and I got his i140 approved recently.So it means I an eligible fit for applying ead.My question is should I pay $380 filing fee for i485 form.since his green card is getting processed can I get fee waiver? Is there any limitation on number of people getting ead on the first year?

[jairichi]

Hi,

 

I have an approved I-140 and my wife is on a H4 visa. Can I apply for the EAD while she is travelling outside the country or am I supposed to wait until she gets back into the country?

 

Any information is greatly appreciated.

 

Thanks

There is a possibility that biometrics may be involved for approval of EAD. In vase your spouse is not here for that appointment her EAD might get delayed.

[jairichi]

Hi,

I am spouse of h1 visa holder and I got his i140 approved recently.So it means I an eligible fit for applying ead.My question is should I pay $380 filing fee for i485 form.since his green card is getting processed can I get fee waiver? Is there any limitation on number of people getting ead on the first year?

There is no fee waiver. It is form I-765. Do not confuse it with form I-485 which is for Adjustment Of Status (AOS). No limitation.

[rahul412]

Hi,

I am spouse of h1 visa holder and I got his i140 approved recently.So it means I an eligible fit for applying ead.My question is should I pay $380 filing fee for i485 form.since his green card is getting processed can I get fee waiver? Is there any limitation on number of people getting ead on the first year?

H4 EAD is different from 485 EAD. Since both forms are different you have to pay fee two times. There is no quota for H4 EAD applications.

[Poojachauhan]

Hi,

I will appreciate if you can help me with one immigration query I have:

Here are the facts regarding my husband’s immigration status:
Currently on H1B – already used 4 years 2 months of total 6 years
Application for PERM – ETA Form 9089 – filed on September 21, 2014
Case picked up for Audit review – March 16, 2015

My immigration status:
Currently working on OPT which will end on July 22, 2015
H1B not picked in lottery

My query is:
What is the earliest time my husband can apply for my H4 EAD?

Thanks

[jairichi]

 

Hi,

I will appreciate if you can help me with one immigration query I have:

Here are the facts regarding my husband’s immigration status:

Currently on H1B – already used 4 years 2 months of total 6 years

Application for PERM – ETA Form 9089 – filed on September 21, 2014

Case picked up for Audit review – March 16, 2015

My immigration status:

Currently working on OPT which will end on July 22, 2015

H1B not picked in lottery

My query is:

What is the earliest time my husband can apply for my H4 EAD?

Thanks

 

After he completes 6 years of stay on H1B and has his H1B extended beyond 6 years based on PERM or I-140 pending for more than a year or with an approved I-140.

[Poojachauhan]

Thanks for your response. I have two follow up questions to make sure that I understand you correctly:

 

1) Does it mean that I can apply for H4 EAD on September 22, 2015 because that is the date on which my husband's I-140 will be pending for more than a year?

 

2) Does my husband also need to make any application in relation to his H1B, like request extension?

[jairichi]

Thanks for your response. I have two follow up questions to make sure that I understand you correctly:

 

1) Does it mean that I can apply for H4 EAD on September 22, 2015 because that is the date on which my husband's I-140 will be pending for more than a year?

 

2) Does my husband also need to make any application in relation to his H1B, like request extension?

1. No. You will be eligible for an EAD only if your spouse has an approved I-140 or has an extension approved after 6 years of H1B stay based on a PERM or I-140 pending for a decision with USCIS for more than a year.

2. If his I94 expires then employer has to file an extension of status petition.

[ypavank]

Does any one have an idea of Processing Time for H4 EADs?

 

Thanks
Pavan

[jairichi]

Does any one have an idea of Processing Time for H4 EADs?

 

Thanks

Pavan

90 days according to USCIS website.

[Poojachauhan]

Thank you very much.

[Poojachauhan]

1. No. You will be eligible for an EAD only if your spouse has an approved I-140 or has an extension approved after 6 years of H1B stay based on a PERM or I-140 pending for a decision with USCIS for more than a year.

2. If his I94 expires then employer has to file an extension of status petition.

Thank you very much.

[snayani8541]

Hi all,

 

Does anyone have an idea about the processing times for I-539 ?

 

Thanks & Regards

[jairichi]

Hi all,

 

Does anyone have an idea about the processing times for I-539 ?

 

Thanks & Regards

3 to 4 months. Currently taking a bit longer.

[workquicker]

My husband has an approved I-140.

i was working in the US for 4-5 years on H1b. i was on 5th year of my h1b. My green card has not been filed for yet. i wanted to change jobs and quit my job in april 2015. Then i went to India on family business for 2 months. i then entered the US on B1/B2 visa which i have always had, and is valid for 10 years.

 

My question is, can i file for H4 EAD having entered the US on a B1/B2 visa?

i can join my new job with a brand new h1b of my own, but h4 EAD gives me more flexibilty.

 

Thank you.

[nnnn]

Hi,

My husband's I140 is approved, priority date not current. I am on H1b, end of 6 years in October. 

I know under the present rule I cannot apply for EAD unless I switch to H4. 

Do you see any amendment to this rule coming into effect in the near future where I will be able to apply for EAD while staying on H1b.

Thanks!