Applying H4 EAD while H1B, H4 extension in process

[eluriravi]

Hi all,

 

I have my I-140 approved and I am in my 9th year on H1B.

 

However, we have filed for H1B and H4 extensions in March (24th March) in regular processing and still waiting for an approval. It looks like it is going to take much longer to get an approval.

 

While the extension is in process, can we still apply for H4 EAD for my wife? Does it in any way impact her EAD application?

 

Please comment.

 

Regards,

Ravi

[jairichi]

Yes, EAD application can be submitted with a copy of H1B & H4 EOS receipt notice.

[ak_mn_10]

Please read the latest post bu USCIS on their website

 

6. What if my Form I-539 for H-4 status is still pending on May 26, 2015? Can I file Form I-765 immediately? Will USCIS match my Form I-765, Application for Employment Authorization to my pending Form I-539?

If you have filed a Form I-539 and it is still pending on May 26, 2015, we encourage you to wait until your Form I-539 has been adjudicated before filing a Form I-765. This will prevent delays in the adjudication of your Form I-765. Additionally, because we anticipate a high volume of filings, we cannot guarantee that we will be able to match your Form I-765 with your Form I-539.

[eluriravi]

Thanks for that information. I just went throught the new USCIS guidelines too.

 

Since they are recommending to wait until I-539 is adjudicated, I am planning to upgrade my extension application to premium processing (within this week).

 

Can you please let me know how much the premium processing fee will be? Will it be separate cost for my H1B and my wife's H4 or is it a single fee for both?

 

Regards,
Ravi

[jairichi]

Thanks for that information. I just went throught the new USCIS guidelines too.

 

Since they are recommending to wait until I-539 is adjudicated, I am planning to upgrade my extension application to premium processing (within this week).

 

Can you please let me know how much the premium processing fee will be? Will it be separate cost for my H1B and my wife's H4 or is it a single fee for both?

 

Regards,

Ravi

$1225. If both petition were filed together then it is $1225. There is no premium processing for H4 EOS if filed alone. 

[ak_mn_10]

Thanks for that information. I just went throught the new USCIS guidelines too.

 

Since they are recommending to wait until I-539 is adjudicated, I am planning to upgrade my extension application to premium processing (within this week).

 

Can you please let me know how much the premium processing fee will be? Will it be separate cost for my H1B and my wife's H4 or is it a single fee for both?

 

Regards,

Ravi

 

I think the premium processing fees is 1225 or 1500, please check the USCIS website once.

 

Also, USCIS said...Any petition filed for extension prior to May 26th AND USCIS does not respond within 15 calender days , the fees will be returned.

 

So why do you want to upgrade now ? Only 2 working days left..You might as well wait until july 27th to upgrade... I am in the same situation as you. We responded to RFE in May 2nd week havent heard from them until now and i dont hope to also.

[eluriravi]

Thanks for the responses. Appreciate the comments.

 

I went ahead and upgraded to premium processing as we want to get the approval sooner than later. I will update this thread again once I hear back from USCIS (approval or return of the fee).

Regards,

Ravi

[eluriravi]

Just an update:

 

I got the approval notice from USCIS after premium process upgrade on 3rd June. However, my lawyer just sent an update yesterday saying that the original approval notice has some mistake in validity period. So, we have submitted an inquiry with USCIS.

 

We are waiting to hear back and hoping that the response would be quick.

[jairichi]

Just an update:

 

I got the approval notice from USCIS after premium process upgrade on 3rd June. However, my lawyer just sent an update yesterday saying that the original approval notice has some mistake in validity period. So, we have submitted an inquiry with USCIS.

 

We are waiting to hear back and hoping that the response would be quick.

How did you manage to upgrade to PP when USCIS has stopped accepting PP request from May 26th? Or was the approval received on June 3rd when the upgrade to PP request was made before May 26th?

[cozmokewl]

Hello All,

 

Company XYZ is to file for a H1B transfer(and H4 Extension) in premium process.

 

I am planning to file for H4 EAD for my spouse, since they are charging enormous amount to do so.

 

Attorneys have agreed with me filing and providing the I-765 form only thing is they wont review it.

 

Question is, Do i need to re-add supporting documents in the envelope for H4 EAD apart from I-765 and the fees, since the attorney will anyways be adding those documents like I-539(H4 Extension), etc. in the main envelope.

 

Thanks in advance!

[gaurav.it]

Anybody have ever tried to apply for EAD while your H-1B and/or H4 is in the process of extension ? Is it fine to apply ? If the extension get's rejected, will we be able to get the Fees back ?