HelpMeForum Posted June 15, 2015 Report Posted June 15, 2015 Hello, I'm planing to apply for H4 and EAD at the same time as it is possible to do that. Can I travel to india immediately after I get my H4 approved with the EAD still processing? I'm already employed on OPT, dont want to have two big breaks for my employement, one for H4Ead and one for India trip. Also, I know it too early to ask, how long does EAD take to approve after the h4 is approved if applied together? Thank you.
jairichi Posted June 15, 2015 Report Posted June 15, 2015 There is a possibility of biometrics being involved for H4 EAD. If you not there then EAD approval might get delayed. According to USCIS website EAD approval is 90 days after COS to H4 approval.
rahul412 Posted June 15, 2015 Report Posted June 15, 2015 You cannot get EAD if you are outside the US. So get your H4 and file EAD once you enter into US.
livliv Posted June 15, 2015 Report Posted June 15, 2015 Unfortunately, there is no way to avoid that gap in status. IMO, USCIS will adjudicate both the change of status and the EAD applications simultaneously, but one cannot guarantee that.
HelpMeForum Posted June 17, 2015 Author Report Posted June 17, 2015 @jairichi so, even though EAD and H4 are applied together, the EAD takes another 3 months after the H4 is approved?
HelpMeForum Posted June 17, 2015 Author Report Posted June 17, 2015 @Livliv I'm wondering how much of gap will that be, if I apply H4 and EAD together, will it be again 3 months of gap after the h4 approval?
jairichi Posted June 17, 2015 Report Posted June 17, 2015 @jairichi so, even though EAD and H4 are applied together, the EAD takes another 3 months after the H4 is approved? Yes, that is correct. According to USCIS website.
livliv Posted June 17, 2015 Report Posted June 17, 2015 @Livliv I'm wondering how much of gap will that be, if I apply H4 and EAD together, will it be again 3 months of gap after the h4 approval? 3 months will be the maximum gap, because they have to provide EAD within 3 months (or provide temporary EAD if not the final one). But again IMO, the gap will be 0 days or very minimal in my opinion. Ex. Technically there is no premium processing for H4 COS/Extension applications (I-539) but when this is filed simultaneously with H1 petition in premium, it is adjudicated simultaneously. I think similary USCIS will adjudicated both the I-539 and I-765 simultaneously.
JoeF Posted June 18, 2015 Report Posted June 18, 2015 @jairichi so, even though EAD and H4 are applied together, the EAD takes another 3 months after the H4 is approved? Yes, that's how the process works.
livliv Posted June 18, 2015 Report Posted June 18, 2015 @jairichi so, even though EAD and H4 are applied together, the EAD takes another 3 months after the H4 is approved? 3 months is the maximum time it can take.
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