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H4 Visa EAD information

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  • #16
    Apply H4 EAD using previous F1 EAD

    Hello All,

    I completed my studies in Dec 2015 in F1 visa.
    I got my F1 EAD.
    I am planning to convert to H4. Since my husband is in H1B, I can work in H4 visa.
    When am applying for my H4 EAD do I need to submit my F1 EAD in my supporting document as well ??

    Thanks and Regards,
    Santhiya

    Comment


    • #17
      H4 ead

      I am waiting for my spouse's H1 adjucation. It is in RFE stage.
      Can I in the meantime apply for H4 EAD for my Spouse as my I140 was approved this week.

      I am maintaining my h1 status.


      Thanks!!

      Comment


      • #18
        H4 EAD RFE - Urgent help needed (I-94 End date)

        Hello every one,
        I applied for my H4 EAD when I entered US for the first time in Nov 2015. I got a RFE for my EAD application few days back.

        On my first entry i.e. Nov 2015, the immigration department at the US airport stamped my passport with the date exceeding that of my spouse's H1B end date. I applied for EAD using that I-94 document (i.e. reflecting the conflicting dates) .RFE is questioning my I-94 end date which exceeds that of my spouse’s H1-B visa end date.

        However on my second entry to US i.e. Feb 2016, my end date is in line to my spouse’s H1-B.

        I propose to draft a letter mentioning all the details (i.e. conflicting dates) and attach all relevant documents including my new I-94.Will this suffice?

        My concern is how do I present my case as genuine and explain the I-94 end date was an error committed by immigration authority?

        Request urgent help on how should I proceed with my case. Has anyone faced a similar issue?

        Comment


        • #19
          New rule of amendment of H1B for H4 work authorization

          New rule of amendment of H1B for H4 work authorization, an approved Form I-140 is required to be able to apply. One of the thing that we are expecting is that the USCIS will actually make sure that the I-140 is still valid and has not been revoked. Note that a form I-140 approval can be revoked anytime by the employer unless an adjustment of status (Form I-485) has been filed and 180 days have passed
          Thank you,
          Pragya Joshi,

          Comment


          • #20
            H4 ead

            I got my i140 approved and my h1b extention has been initiated and I got receipt as well.

            Can I apply h4 ead?

            Comment


            • #21
              H4 ead

              Dear Sir,

              I got my i140 approved and my h1b and h4 extention has been initiated and I got receipt as well.

              Can I apply h4 ead?

              Comment


              • #22
                When can I apply for H-4 EAD ?

                My spouse holds a L-1B visa and I am on L-2. His H-1B petition got picked in the lottery. We have approved I-140. Can I apply for H-4 EAD after H1 is approved or do I have to wait till Oct 1 ?

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                • #23
                  Lots of questions here on H4 / EAD. ! Almost like a question bank.
                  Didn't find any answers though.

                  Comment


                  • #24
                    L2 EAD still valid but moved to H4

                    My L2 EAD is still valid but I moved to H4 in December. My I140 got approved last week, can I start working based on my old EAD even though it was approved on L2?

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                    • #25
                      no you cant.. h1 b holder should have approver i140 for eligible to be h4 ead.
                      i140 is the second phase of green card process

                      Comment


                      • #26
                        Originally posted by Nikhil Balani View Post
                        My L2 EAD is still valid but I moved to H4 in December. My I140 got approved last week, can I start working based on my old EAD even though it was approved on L2?
                        The basis for getting EAD is important. Just because you have a EAcard in hand with dates still valid, it does not mean you can make use of it with a different basis for eligibility (as in your case). As a practical matter the USCIS may not notice it immediately if you do as you suggested. However, that would still be a violation, and could cause you issues, if and when discovered down the road by USCIS. To my mind, H4 is a new status for you, and hence it necessitates a fresh EAD application.

                        However there can be a different scenario when a previously existing EAD can be put to use as below: Let us assume you got the EAD being on H4, with your spouse in the I140 process ( meaning PERM has been filed, or I140 filed / or approved) But your spouse now changes companies on H1 transfer, and your spouse's new employer takes up a fresh I140 by filing PERM for your spouse. meaning that your spouse is still on I140 process but with a different company. In this case you could use the earlier EAD ( If dates are still valid ), because although your spouse has changed companies for his/her green card process, the basis of eligibility has not changed for you.

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                        • #27
                          H1B transfer when H4 EAD is in process

                          I applied for my H4 EAD in April and it is in process. My spouse wants to change job which will result in his H1B transfer. It will also change my H4 Visa. I wanted to know what will happen to H4 EAD which is already in process.
                          Thanks in advance for your help!

                          Comment


                          • #28
                            H4 EAD Questions

                            Hi:

                            I have few questions about H4 ead and have few concerns about it since we have lots of information available online and that makes me think more than once about my situation.

                            1. My wife has a h4 ead...what happens to her h4 ead if I change my job.

                            2. Is her h4 ead still valid until the date it was approved till after I change my job?

                            3. If my present 140 is not revoked...can I use the same 140 and apply for 485? While I'm working for the new company?

                            4. What is the situation after my 6 years of H1B when i change my job.im currently in 4.5 years with approved 140?

                            5. How good or bad is it to change a job when I have 140 approved if my PD is in 2014?

                            I would really appreciate if you could please respond with your insight.

                            Thanks for your help and time.

                            Comment


                            • #29
                              This is my opinion. More senior members may like to correct them.

                              1.Yes new H4 is required. H4 is linked to H1B. So change of H1b Rrequires new H4.

                              2.EAD may still remain valid, as it is linked to a specific status; the status being that your spouse is in H1-B but in the process of applying for employment based permanent residency.

                              3. Yes. Because I140 is prospective. But your qtn assumes that after you get your PR you will be working for the earlier company that has sponsored your I-140, (though at the time of getting PR, you may be working for a different company on H1-B.)

                              4.H1-B can be extended as you are in the process of getting PR.

                              5.I will not recommend changing jobs with an approved I140.
                              What happens if the company that has earlier got your I140 approved, revokes that I140 when you switch jobs ? Of course you can request your new employer to raise a fresh I140 for you. What if that new I140 does not get approved for any of a number of reasons.
                              There is some misunderstanding of what Priority date means. It just means that IF you can get a new I140 approved, then your Priority date will remain same as before. But there is a big IF there. To claim the original priority date, you have to first get a fresh I140 approved ( assuming your earlier i140 gets revoked )

                              Comment


                              • #30
                                AC21 questions.

                                Originally posted by RG2 View Post
                                Hi:

                                I have few questions about H4 ead and have few concerns about it since we have lots of information available online and that makes me think more than once about my situation.

                                1. My wife has a h4 ead...what happens to her h4 ead if I change my job.

                                2. Is her h4 ead still valid until the date it was approved till after I change my job?

                                3. If my present 140 is not revoked...can I use the same 140 and apply for 485? While I'm working for the new company?

                                4. What is the situation after my 6 years of H1B when i change my job.im currently in 4.5 years with approved 140?

                                5. How good or bad is it to change a job when I have 140 approved if my PD is in 2014?

                                I would really appreciate if you could please respond with your insight.

                                Thanks for your help and time.
                                1) There is no requirement for your wife to have a new H4 visa, however, if you received an extension on the H1B, you will need to file a new 539 to receive the same dates, there is no requirement for your wife to file a new H4 for every H1B petition, as long as she is in valid status.
                                2) it is opinion that you should immediately file your 485 as soon as possible. Once you file the 485, you will not lose your previous priority date, even if the prior I-140 was withdrawn. You can request a new extension an remain in valid status even without I-140 on file. However, it would be best to always have an approved I-140 available just in case. Know that when the time comes to adjust status, the immigration officer may try to determine if your current job is in the same field as the one the I-140 was originally filed on.
                                3) As long as you have an I-140, you should always file 485, even when you are working with a new company.
                                4) you can extend your stay up to 3 years at time using AC 21-104 provisions.
                                5) if you move jobs, you risk the prior company withdrawning their permanent job offer for you. this would result in you not being in a valid status, with other provisions of AC21.

                                - - - Updated - - -

                                Originally posted by SG! View Post
                                I applied for my H4 EAD in April and it is in process. My spouse wants to change job which will result in his H1B transfer. It will also change my H4 Visa. I wanted to know what will happen to H4 EAD which is already in process.
                                Thanks in advance for your help!
                                if the H1B petition was approved, the H4 should go through with no problem. However, should you husband get petitioned with a new company, it would be better to get a new one in case USCIS request information about maintenance of status, which may result in the denial of the 539, but this is not likely. (unless the h1b petition was withdrawn).
                                This is purely my opinion and does not constitute legal advice.

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