H-4 EADs

[jairichi]

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.

You cannot file for EAD on B1/B2. You need to be on valid H4 status to file one.

[jairichi]

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!

Probably no one knows.

[workquicker]

i would appreciate if you can help me with an immigration query i have.

My fiancee 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 was in process of filing, but labor certificate still pending .i wanted to change jobs and so quit my job in april 2015. i then had to go to India on family business for 2 months. i then re- entered the US on B1/B2 visa which i have always had, and is valid for 10 years.

 

My fiancee and i are planning to get court-married in the US this month, so that i can file for H4 EAD. We are planning to go to India again in September 2015 to have Hindu wedding ceremony.

 

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

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

i want to start working faster instead of taking a break from my job until Hindu marriage in September and then filing for H4 EAD.

 

i want to add that i have a valid business reason for entering the US on B1/B2, i have to move from one state to another and need to sell my car and furniture. This is the reason i came back to the US at this time on B1/B2. 

 

Please advise us.

 

Thank you

 

You cannot file for EAD on B1/B2. You need to be on valid H4 status to file one.

i mean, can i file for b1/b2 to h4 and then for h4 ead?

[rahul412]

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!

No. But you need to file both COS to H4 and EAD together. H4 application will be processed first then followed by EAD application.

[workquicker]

 i have been reading about 30/60/90 day rule. it seems like it is not a good idea to get court-married in USA within 60 days of entering on a b1/b2 visa and then apply for change of status.

1. Does this apply to h1b visa also? i.e can i get court -married on h1b and then switch to h4 and apply for EAD? 

2.  i quit my h1b job to relocate for marriage but i don't want to be not working for so long, it can be detrimental to keeping me competitive in my field.

My betrothed has an approved I-140, we are getting married in India in September 2015, i re-entered the US on B1/B2 in June 2015.to take care care of selling my car and personal effects and relocating to a different state. My new job is research based and is easier to do on H4 EAD. i need to start working as soon as possible to stay current in my field. What is the downside of getting court-married in the US within 30 days of entering on b1/b2 and filing for change of status  to H4 and then applying for H4 EAD?

i am a genuine applicant who has held my own h1b for 5 years and i don't want my move to affect my career.

What is my best option?

 

Concerned,

 

Thank you

[Amnik]

Hi,

I have applied for an extension/transfer of my h4 status on May 1st, since my husband changed jobs. His h1 has been transferred and has a valid I140, however my h4 transfer in still pending. My existing h4/I94(his previous company's) is valid till May 2016. I have a few doubts regarding when to file I-765.

-Do I wait for I-539 to get processed before applying for the EAD?

-Or do I file I-765 with current H4 details and give my new I-539 receipt number while filing? In this case will they grant me an EAD upto May 2016 or wait till I 539 is processed and grant EAD with new extended date?

Eagerly waiting for a response.

Thank you

[jairichi]

Hi,

I have applied for an extension/transfer of my h4 status on May 1st, since my husband changed jobs. His h1 has been transferred and has a valid I140, however my h4 transfer in still pending. My existing h4/I94(his previous company's) is valid till May 2016. I have a few doubts regarding when to file I-765.

-Do I wait for I-539 to get processed before applying for the EAD?

-Or do I file I-765 with current H4 details and give my new I-539 receipt number while filing? In this case will they grant me an EAD upto May 2016 or wait till I 539 is processed and grant EAD with new extended date?

Eagerly waiting for a response.

Thank you

You can exit and enter US with current valid H4 visa and a copy of your spouse's I797. Immediately after that you can file I765 for H4 EAD.

[tanishkaa]

Hi,

My PERM is approved last month. My H-1B was already extended beyond 6 years based on AC21 106 (a) and (b).

My employer is yet to file my I-140. can my wife apply for H4-EAD now? or should we have to wait till my I-140 is filed?

 

Anyone please help.

 

Thanks

Sridhar

Hi,

 

Did your wife already apply for EAD with/without I-140 receipt notice ? I am in same situation. Spouse's PERM approved coupe of months back, employer still gathering documents.

 

Thanks

[tanishkaa]

Hi,

I have applied for an extension/transfer of my h4 status on May 1st, since my husband changed jobs. His h1 has been transferred and has a valid I140, however my h4 transfer in still pending. My existing h4/I94(his previous company's) is valid till May 2016. I have a few doubts regarding when to file I-765.

-Do I wait for I-539 to get processed before applying for the EAD?

-Or do I file I-765 with current H4 details and give my new I-539 receipt number while filing? In this case will they grant me an EAD upto May 2016 or wait till I 539 is processed and grant EAD with new extended date?

Eagerly waiting for a response.

Thank you

 

Hi,

 

You could have applied your h4-EAD together with your H4 transfer. 

I guess you can't apply I-765 with new I-539 receipt number. USCIS only allow either I-539/I-765 concurrent or I-539 approved.

 

Thanks

[gdesikan]

Hi,

I applied for L1 to H4 CoS in June, along with EAD. I travelled to india in July and hence got my H4 stamped. Now, should i let USCIS know that i have H4 stamped to expedite my EAD application? Or, do they get informed automatically about my visa? If I have to inform USCIS about the H4 visa, then, should i reapply or go for an amendment in the previous application for EAD?

Thanks in Advance.