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H4 Visa EAD information

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  • VikramKrishna1984
    replied
    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

    Leave a comment:


  • mindrd
    replied
    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.

    Leave a comment:


  • prabhakar85
    replied
    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?

    Leave a comment:


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

    Leave a comment:


  • mindrd
    replied
    [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.

    Leave a comment:


  • NYCRambo
    replied
    >>>>>>>>>>>>>>>>[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.

    Leave a comment:


  • mindrd
    replied
    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.

    Leave a comment:


  • mindrd
    replied
    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).

    Leave a comment:


  • NYCRambo
    replied
    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 )

    Leave a comment:


  • RG2
    replied
    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.

    Leave a comment:


  • SG!
    replied
    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!

    Leave a comment:


  • NYCRambo
    replied
    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.

    Leave a comment:


  • pankaj23k
    replied
    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

    Leave a comment:


  • Nikhil Balani
    replied
    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?

    Leave a comment:


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

    Leave a comment:

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