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H4 Visa EAD information

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  • #31
    Working on a different Nonimmigrant visa.

    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?
    once you change your non-immigrant status, the prior status is no longer valid.

    - - - Updated - - -

    Originally posted by snbh03 View Post
    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 ?
    You have to wait until October 1 to start working, but you can apply for the H4 now.
    This is purely my opinion and does not constitute legal advice.

    Comment


    • #32
      >>>>>>>>>>>>>>>>[QUOTE=mindrd;460821]1)
      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 Once you file the 485, you will not lose your previous priority date, even if the prior I-140 was withdrawn.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.

      - - - Updated - - -<<<<<<<<<<<<<<<<<


      mindrd : Can you please clarify how it will be possible to file 485 when there is no visa number available ? Most of the issues of priority date remaining valid and extending H1-B beyond 6 years using AC21 etc , arise from the basic issue of visa number not being readily available to file 485 as soon as I140 is approved.

      Comment


      • #33
        [QUOTE=NYCRambo;460833]>>>>>>>>>>>>>>>>
        Originally posted by mindrd View Post
        1)
        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 Once you file the 485, you will not lose your previous priority date, even if the prior I-140 was withdrawn.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.

        - - - Updated - - -<<<<<<<<<<<<<<<<<


        mindrd : Can you please clarify how it will be possible to file 485 when there is no visa number available ? Most of the issues of priority date remaining valid and extending H1-B beyond 6 years using AC21 etc , arise from the basic issue of visa number not being readily available to file 485 as soon as I140 is approved.
        AC21-106(c) allows a beneficiary to port a different job should the underlying I-140 be withdrawn. With the I-485 pending for less than 180, USCIS may deny the change of employer petition since there is not pending labor cert or 140. In regards to the visa availability, a visa number must be available to file the adjustment of status. People from India have extremely long wait times for adjustment, so when you are allowed to file the 485, do so, because you never know when the underlying I-140 is gone, especially when your old company does not tell you.
        This is purely my opinion and does not constitute legal advice.

        Comment


        • #34
          OK guys. I have stated my opinion in my earlier post.
          You can decide for yourself.
          Thanks

          Comment


          • #35
            H4 EAD with previous employer i140

            HI All,
            I am planning to apply H4 EAD with the i140 approved by my previous employer. I have completed 3 years on H1B. My current company will start the GC process in another 3 months.
            Suppose if the EAD is approved and then i140 is revoked, what happens to the status of the EAD. Is there any USCIS document describing this case?

            Comment


            • #36
              EAD Approved I-140 is denied

              Originally posted by prabhakar85 View Post
              HI All,
              I am planning to apply H4 EAD with the i140 approved by my previous employer. I have completed 3 years on H1B. My current company will start the GC process in another 3 months.
              Suppose if the EAD is approved and then i140 is revoked, what happens to the status of the EAD. Is there any USCIS document describing this case?
              I do not believe they will revoke the work approval, because your new company can just apply for a new I-140. USCIS will typically not revoke H1B visa, or H4 visas just because an I-140 was denied. Unless there was fraud involved of course. Either way, you don't have anything to worry about.
              This is purely my opinion and does not constitute legal advice.

              Comment


              • #37
                H1 to H4 EAD - Denials, other options

                Hello All,

                I hold H1 since Aug 2014 valid till Jul 2017 and my spouse has her H4 visa stamping till July 2017.

                In Apr 2015 we applied her H1 and got approved to work from Oct 2015. However she has not worked till date and her employer never mentioned about running pay roll.

                Now I got my I-140 approved and planning to move her from H1 to H4 EAD.

                1) Since she has not started working, according to USCIS is she on H-1B or H4?

                2) Since we dint run any pay roll, what can happen if we try changing her H1 to H4? Any denials. Her recent I-94 will have H-1B on it?

                3) Even if no denial, will there be any issues in long term for her GC etc?

                4) Since she has H4 stamp on here passport, is it better to go out of country and re-enter on H4(this voids H-1B), but gets new I-94 ?

                Any suggestions are really appreciated.

                Thanks in advance,
                Vikram

                Comment


                • #38
                  reg:urgent help needed

                  Hello all

                  My wife and I are planning a trip to India
                  We qualify for all requirements for Drop box
                  My wife got her EAD and started working on H4 EAD
                  Does that make her still eligible for drop box because she is still on H4 or should she go for an interview because she has got a H4 EAD and started working

                  Thank you

                  Comment


                  • #39
                    need more info on h4 work authorization

                    I have approved I-140 which makes my wife eligible to apply for H4, but she is currently in India and never been to US till now and still waiting for her H4.
                    I see she can't apply for EAD from India and she needs to be present here. Can she go back to India and continue working there during time after filing and before its approved?

                    Comment


                    • #40
                      h1 to h4 and than h4 to h1

                      Hi,
                      I was working with Company A but they fired me as they did not want to file for my H1b extension .So I joined company B who did my visa transfer but they do not have projects they still looking for projects for me I am on bench.

                      1. How long Can I stay on without pay stub on h1b?
                      2. Can i change my visa from H1 to H4 ? If i do as soon as I get H4 receipt will i be considered on H4 ? or do i have to wait till final approval and I will be considered as H1?
                      3. Suppose I get job in few months can I do my visa transfer from H4 to H1b as i still have 3 years left on my H1b?

                      Appreciate your help,

                      Regards

                      Comment


                      • #41
                        Travel during H4 EAD in progress

                        Is it safe to travel while H4 EAD application is in progress? The documentation is perfect.

                        Thanks

                        Comment


                        • #42
                          H4 stamping while H4 EAD in progress

                          Hi,

                          Is it advisable to go for H4 stamping interview, while H4 EAD is still in progress?


                          Thanks

                          Comment


                          • #43
                            L to H conversion query

                            I was on usa for around 2.6 years on L1B visa and my L1B extension got denied and i came back to India on 30 June 2016.

                            Now my H1B petition is also approved (Lto H Conversion) and my question is if i will stay in India for 13 months and i will go to USA then will i will get six years to stay in USA or the period which i already spent will be minus from six years??

                            Comment


                            • #44
                              NEED ADVISE!!!!! H4 STAMPING in CHENNAI CONSULATE

                              Hi,
                              This is my current stand -
                              a. I entered into US via B1/B2
                              b. Converted into H4 as my wife is on H1B
                              c. Now travelling back to India this Jan 2017
                              d. Appointment fixed for Jan end with US Consulate for H4 stamping
                              c. *********e register marriage (Me Christian/She Hindu) via District Registrar
                              d. No Wedding Invitation or Wedding pictures.

                              Questions I have -
                              a. No wedding pictures or invitation will that matter. Her name is my passport as mine is renewed while her's still has validity so my name isnt there.
                              b. H4 applied in US will that help to support the H4 case?
                              c. Any advise of how I can handle this situation and receive a H4 with any rejections.

                              Kindly throw in all your advises including references if any.
                              Your time and advise is immensely appreciated.

                              Thank you

                              Comment


                              • #45
                                Carry all necessary documents

                                Originally posted by Arunxavi View Post
                                Hi,
                                This is my current stand -
                                a. I entered into US via B1/B2
                                b. Converted into H4 as my wife is on H1B
                                c. Now travelling back to India this Jan 2017
                                d. Appointment fixed for Jan end with US Consulate for H4 stamping
                                c. *********e register marriage (Me Christian/She Hindu) via District Registrar
                                d. No Wedding Invitation or Wedding pictures.

                                Questions I have -
                                a. No wedding pictures or invitation will that matter. Her name is my passport as mine is renewed while her's still has validity so my name isnt there.
                                b. H4 applied in US will that help to support the H4 case?
                                c. Any advise of how I can handle this situation and receive a H4 with any rejections.

                                Kindly throw in all your advises including references if any.
                                Your time and advise is immensely appreciated.

                                Thank you
                                Your spouse name should be entered in your passport if you are applying for h4. Yes you need to have her name on your passport which you already have

                                They can use the existing valid visa stamped with your I-797 to enter U.S. In addition, they need to carry the same set of documents that you carried when you enter the first time.

                                Just carry all the documents you took at your first POE.

                                http://www.immihelp.com/forum/showth...-to-expiration

                                Mandatory:
                                Valid passport, valid H4 visa, your husband's latest H1B approval notice

                                Good to have:
                                Your spouse's latest 2-3 months pay slips, an employment verification letter from your spouse's employer to prove that he is still employed.

                                *Opinion not a legal advice*

                                Comment

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