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Can H4 EAD be filled when I-539(L2 to H4) is in progress?

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  • Can H4 EAD be filled when I-539(L2 to H4) is in progress?

    Hi,

    Please find below my details.
    1. Before 01-Oct-2015, Me and My wife was on L1 and L2 visa respectively .
    2. My H1B gets selected in 2015 lottery and On 01-Oct-2015 my status changed from L1B to H1B. (H1B and COS approved)
    3. My Employer Filed I-539(L2 to H4) for my wife in Sept 2015.
    4. When I was on L1B, My employer also filed my I-140 which got approved last week only.

    Question: Now technically currently I am on H1B and have approved I-140, Can i apply for H4 EAD for my wife when her I-539 (L2 to H4) application is still in Progress? Or should I wait for result of I-539 and then apply for H4 EAD?

    Thanks

  • #2
    Are you currently working for the H1B sponsor?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Are you currently working for the H1B sponsor?
      Yes. I am working for same employer.

      Thanks

      Comment


      • #4
        I am assuming that your L1 and H1B sponsor are the same. Since you are maintaining your current H1B status, you can file H4 EAD based on the pending form I-539. H4 EAD will be issued only after the COS from L2 to H4 gets approved.

        Originally posted by rahul04joshi View Post
        Yes. I am working for same employer.

        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          I am assuming that your L1 and H1B sponsor are the same. Since you are maintaining your current H1B status, you can file H4 EAD based on the pending form I-539. H4 EAD will be issued only after the COS from L2 to H4 gets approved.
          Thank you for the reply. So in H4 EAD form, I have to show the proof of my wife's H4 visa. Can i put the receipt number of I-539 there?

          Thanks

          Comment

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