H4 EAD eligibility and benefits

[anushree.agrwal]

Hi,

 

My husband has a valid H1b visa effective Oct 2015. This is the first time ever he is issued an H1B visa. I will be travelling with him to US in October on H4 visa.

Also, I have a valid H1 b visa valid till April 2016.

 

Please confirm the following :

 

1.  Am I eligible to apply or H4-EAD?

2.  If the answer to 1) is yes, please suggest which is a better option to puruse work in US for me :

   ---> Work on H4 EAD

  or

   ----> Work on my existing H1b, which will be activated once I get a job In USA and the organisation  tranfers the H1b in their name.

 

 

Regards,

Shiveeta

[JoeF]

Your husband would have to have an approved I-140 for you to be eligible for the H4 EAD.

When did you get your H1? Have you worked in the US with it? If not, it may not be valid at all.

The employer had to show that he has a project for the H1 to get approved. What happened to that project?

[jairichi]

You are not eligible for H4 EAD if your spouse does not have an approved I-140.

[anushree.agrwal]

Your husband would have to have an approved I-140 for you to be eligible for the H4 EAD.

When did you get your H1? Have you worked in the US with it? If not, it may not be valid at all.

The employer had to show that he has a project for the H1 to get approved. What happened to that project?

Thank you JoeF for your prompt response.

 

I got my H1 in 2013. I worked for a year on that and then came back to India.

Prior to that I have worked in US for 2 years on L1 too.

 

My H1 is valid till April 2016.

So my plan is this :

 

- Appear for H4 visa interview along with my husband and get that stamped

- Travel with him to USA in October on H4

- Find a job in US, and use my H1 (valid till April 2016), to get the employer to transfer it in the organisations name.

 

 

Please suggest if this is wrokable with respect to legalities.

[anushree.agrwal]

Thanks Jairichi.

When is my husband eligible to apply for I-140?

This is the first time he would be working on H1 from october this year

 

You are not eligible for H4 EAD if your spouse does not have an approved I-140.

[jairichi]

Thanks Jairichi.

When is my husband eligible to apply for I-140?

This is the first time he would be working on H1 from october this year

An employer has to initiate GC process in which your spouse's PERM gets approved followed by approval of I140. You are roughly looking at 2 years.

[JoeF]

Thanks Jairichi.

When is my husband eligible to apply for I-140?

This is the first time he would be working on H1 from october this year

 

when the employer agrees to sponsoring a GC for him. It starts with the PERM Labor Certification, and then the I-140. The I-140 is the employer's application.