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Visa
H4 EAD
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H4 -EAD RFE
Query:
I got a query on my H4 EAD stating "According to USCIS records, you filed a Form I129 and was approved on.... granting you h1B non immigrant status until... To be eligible for employment authorization under c(26) eligibility category you must establish that you currently hold valid H4 non immigrant status. Submit evidence that you hold valid H4 non immigrant status."
Background:
When I had almost reached my H1B cap (with 6 months left), I transferred to H4 and through H4 EAD c(26) category I continued my employment with same employer once I received EAD. Then I applied for H4 renewal and standalone EAD renewal. I had emergency travel to India, and got H4 stamped along with my Spouse H1B stamping. Due to travel ban, I was held up for few months. Meanwhile my employer got my H1B extension based on my approved i140. I waited for getting the interview slots for H1B stamping as I could not get dates travelled back to USA on H4 due to school reopened for kids. My employer is not ready to do change of status from H4 to H1. I got above H4 EAD query. What are the expert suggestions on my case ?
Questions:
If I respond to H4 EAD query will my H1B petition be cancelled?
what document i need to provide to prove my H4 non-immigrant status?
If my company does change of status, will it be a new petition, may be I will not get the same period for which it is approved now for full 3 yrs?
If I have to change employer, will they do change of status and company transfer?
I got a query on my H4 EAD stating "According to USCIS records, you filed a Form I129 and was approved on.... granting you h1B non immigrant status until... To be eligible for employment authorization under c(26) eligibility category you must establish that you currently hold valid H4 non immigrant status. Submit evidence that you hold valid H4 non immigrant status."
Background:
When I had almost reached my H1B cap (with 6 months left), I transferred to H4 and through H4 EAD c(26) category I continued my employment with same employer once I received EAD. Then I applied for H4 renewal and standalone EAD renewal. I had emergency travel to India, and got H4 stamped along with my Spouse H1B stamping. Due to travel ban, I was held up for few months. Meanwhile my employer got my H1B extension based on my approved i140. I waited for getting the interview slots for H1B stamping as I could not get dates travelled back to USA on H4 due to school reopened for kids. My employer is not ready to do change of status from H4 to H1. I got above H4 EAD query. What are the expert suggestions on my case ?
Questions:
If I respond to H4 EAD query will my H1B petition be cancelled?
what document i need to provide to prove my H4 non-immigrant status?
If my company does change of status, will it be a new petition, may be I will not get the same period for which it is approved now for full 3 yrs?
If I have to change employer, will they do change of status and company transfer?
All Replies (2)
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