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When can i file H4 EAD given our situation?

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  • When can i file H4 EAD given our situation?

    Hi,

    needed some advice regarding my spouse and our immigrations status. few timelines are :

    spouse L1B issued : August 20177
    Arrives in US in Sept 2011
    L2EAD for self applied and recieved in Dec 2013
    L2EAD employment starts in Feb 2014
    L1B renewed in premium processing May 2014
    L2 EAD renewed August 2014
    L1B for spouse converted to L1A Feb 2016 till Feb 2018
    L2 EAD renewed till Feb 2018
    I-140 approval recieved in Jan 2017

    Both are H1's were filed in April 2017 but only my spouse's got picked. His employer is for no good reason extremely super secretive about all information(God knows why?) but they confirmed that his H1B has been picked. So here is our dilemma

    1. Spouse's employer has to submit docs, upon the reciept of which the H1B will be approved. Correct?
    2. The approval can come anytime but the earliest it can be kicked in effect is 1st Oct. Correct?
    3. Once his H1 is in effect, i go on H4 and have to stop working. Correct?
    4. Since his I140 is approved, i can file for H4 EAD as soon as H1 is approved. Correct?
    5. If 4. is correct, does that mean i can file for H4 EAD as soon as approval is recieved for e.g. september? if 4. is incorrect, whats the earliest that H4 EAD can be applied to?
    6. Is premium processing available for H4 EAD? if yes, how much time does it take?
    7. Are there any key steps we are missing?

    Thank you!

  • #2
    Originally posted by seagreen View Post
    Hi,

    needed some advice regarding my spouse and our immigrations status. few timelines are :

    spouse L1B issued : August 20177
    Arrives in US in Sept 2011
    L2EAD for self applied and recieved in Dec 2013
    L2EAD employment starts in Feb 2014
    L1B renewed in premium processing May 2014
    L2 EAD renewed August 2014
    L1B for spouse converted to L1A Feb 2016 till Feb 2018
    L2 EAD renewed till Feb 2018
    I-140 approval recieved in Jan 2017

    Both are H1's were filed in April 2017 but only my spouse's got picked. His employer is for no good reason extremely super secretive about all information(God knows why?) but they confirmed that his H1B has been picked. So here is our dilemma

    1. Spouse's employer has to submit docs, upon the reciept of which the H1B will be approved. Correct?
    2. The approval can come anytime but the earliest it can be kicked in effect is 1st Oct. Correct?
    3. Once his H1 is in effect, i go on H4 and have to stop working. Correct?
    4. Since his I140 is approved, i can file for H4 EAD as soon as H1 is approved. Correct?
    5. If 4. is correct, does that mean i can file for H4 EAD as soon as approval is recieved for e.g. september? if 4. is incorrect, whats the earliest that H4 EAD can be applied to?
    6. Is premium processing available for H4 EAD? if yes, how much time does it take?
    7. Are there any key steps we are missing?

    Thank you!
    1. They would have already sent along with initial petition request, unless there is an RFE I dont think any need for further document submission.
    2. Yes.
    3. Yes. You do not automatically go to H4, you would need to file/have filed a L2 to H4 COS application.
    4. Typically one would have filedL1 to H1, L2 to H4 as well as H4 EAD all in same package.
    5. No. 90-120 days.
    6. Is employer not doing the dependents processing L2 to H4 as well as EAD applications?


    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. They would have already sent along with initial petition request, unless there is an RFE I dont think any need for further document submission.
      2. Yes.
      3. Yes. You do not automatically go to H4, you would need to file/have filed a L2 to H4 COS application.
      4. Typically one would have filedL1 to H1, L2 to H4 as well as H4 EAD all in same package.
      5. No. 90-120 days.
      6. Is employer not doing the dependents processing L2 to H4 as well as EAD applications?


      This is my opinion not legal advice.
      Thank you!

      3. & 4. Yes H4 was applied when H1 was filed, however H4 EAD was not. H4 EAD for the spouse is a process my spouse's employer does not wish to undertake and they have asked us to do it ourself. Can it be added now? because I would like to get an early start on H4 EAD application
      5. I understand the time period, what I meant was can H4 EAD be filed before 1st Oct?
      6. My husbands employer is filling for my H4 but not my EAD.

      Comment


      • #4
        Originally posted by seagreen View Post
        Thank you!

        3. & 4. Yes H4 was applied when H1 was filed, however H4 EAD was not. H4 EAD for the spouse is a process my spouse's employer does not wish to undertake and they have asked us to do it ourself. Can it be added now? because I would like to get an early start on H4 EAD application
        5. I understand the time period, what I meant was can H4 EAD be filed before 1st Oct?
        6. My husbands employer is filling for my H4 but not my EAD.
        Yes you can by referring to your spouse's L1 to H1 receipt as well as yours.
        Yes it can be filed before 01-Oct-2017.

        This is my opinion not legal advice.

        Comment

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