URGENT: While H4 EAD pending, 7th year H1B extension filed in premium based on PERM filing

[RBS_123]

Hi There,

 

I have entered US in H4 and filed my EAD in Oct 2nd and Waiting for approval.

 

My company had filed my PERM which is in Audit. It was filed a year back and I was in India during the last one year. Now my company is filing H1B extension in premium for 7th year based on my PERM filing. H1B to be approved within 5 days of filing. Also I am expecting to get a decision on my PERM by Dec as per current progress.

 

What if my H4 EAD approved after my H1B for 7th yrs extension gets approved

Q1. Will I be in H4 or H1 status ?

Q2. Can I still continue to work as I already have a SSN  after the above situation?

Q3. Will there be a RFE or rejection for my H4 EAD? Will it get reject as my status will be converted to H1  after my H1 gets approved.

 

what would be the best suggestion to handle this?

 

Shall I raise a service connect or talk to customer care of USCIS to cancel my H4 EAD and them send a letter to cancel my application?

 

Please suggest me.

 

Thanks.

[jairichi]

1. You will be on H1B status. Once H1B gets approved your EAD application might get cancelled as you are no longer on H4 status.

2. Yes, with H1B employer after H1B approval.

3. Refer 1.

[RBS_123]

Here is the situation.

 

My H4 EAD application approved on 18th Nov.

 

Situation:

 

my H1 7th year extension is yet to be filed in premium case which will be done by my employer in next two days.

I am expecting my PERM (which is in audit now) to be approved in next 10 to 15 days.

 

Question:

 

1. If my H1B 7th year extension gets approved, I am no longer in H4 and my EAD will be invalid. Is my understanding correct?

2. If I get a RFE on my H1B or It gets rejected, what will be my visa status? Probably still in H4 but please confirm.

3. if my H1B 7th year extension gets approved but my PERM denied later, what will be my visa status?

4. If Answer for Question 3 is no status, how soon can I convert my visa status to H4 again? Do I need to leave US? Can I go Canada incase required to get H4 entry again?

5. Will my H4 EAD still be valid when I don't have a visa status? I mean when I get my visa status to H4, do I need to go through the whole process of applying the EAD again or I can use the same EAD.

 

Please help me.

[jairichi]

Here is the situation.

 

My H4 EAD application approved on 18th Nov.

 

Situation:

 

my H1 7th year extension is yet to be filed in premium case which will be done by my employer in next two days.

I am expecting my PERM (which is in audit now) to be approved in next 10 to 15 days.

 

Question:

 

1. If my H1B 7th year extension gets approved, I am no longer in H4 and my EAD will be invalid. Is my understanding correct?

2. If I get a RFE on my H1B or It gets rejected, what will be my visa status? Probably still in H4 but please confirm.

3. if my H1B 7th year extension gets approved but my PERM denied later, what will be my visa status?

4. If Answer for Question 3 is no status, how soon can I convert my visa status to H4 again? Do I need to leave US? Can I go Canada incase required to get H4 entry again?

5. Will my H4 EAD still be valid when I don't have a visa status? I mean when I get my visa status to H4, do I need to go through the whole process of applying the EAD again or I can use the same EAD.

 

Please help me.

1. Yes, if approved with I94.

2. If you are now in H4 then you will be on H4 status based on I94 even if H1B petition gets denied.

3. H1B till date of extension approval based on I94.

4. Refer 3.

5. When you move to H4 you can use the valid EAD.

[RBS_123]

Great, appreciate so much for your reply!