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Transferring my current job in India to US on a H4 EAD

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  • Transferring my current job in India to US on a H4 EAD

    Hi Guys,

    I am getting married shortly and my fiance has an approved I-140. My current employer has openings in the US so he asked me if I could go to the US on a H4 and apply for an EAD and then rejoin the same company. I will be on unpaid leave until I get my EAD. Is this possible? I checked the USCIS website but this scenario was mentioned nowhere.

  • #2
    Originally posted by cesc34 View Post
    Hi Guys,

    I am getting married shortly and my fiance has an approved I-140. My current employer has openings in the US so he asked me if I could go to the US on a H4 and apply for an EAD and then rejoin the same company. I will be on unpaid leave until I get my EAD. Is this possible? I checked the USCIS website but this scenario was mentioned nowhere.
    It will take upto 90 days for H4 EAD to get approved. Once you get H4 EAD card you can start working in any new company or your existing company if they still have the job offer for you.

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    • #3
      Originally posted by cesc34 View Post
      Hi Guys,

      I am getting married shortly and my fiance has an approved I-140. My current employer has openings in the US so he asked me if I could go to the US on a H4 and apply for an EAD and then rejoin the same company. I will be on unpaid leave until I get my EAD. Is this possible? I checked the USCIS website but this scenario was mentioned nowhere.
      Yes you can do that. But it will take a few months for your EAD to come through.
      Just an opinion; Not legal advice.

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      • #4
        Originally posted by uhgar View Post
        It will take upto 90 days for H4 EAD to get approved. Once you get H4 EAD card you can start working in any new company or your existing company if they still have the job offer for you.
        The issue is that, I wont be resigning from my current company, the same position they would initiating a transfer to the US and I ll be joining in the US, will that work? And in that 90 days period, I will be on leave.

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        • #5
          Originally posted by uhgar View Post
          It will take upto 90 days for H4 EAD to get approved. Once you get H4 EAD card you can start working in any new company or your existing company if they still have the job offer for you.
          It ll be just a transfer of the same job, that's my worry. Is that fine? I won't be resigning from my current job.

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          • #6
            Originally posted by cesc34 View Post
            It ll be just a transfer of the same job, that's my worry. Is that fine? I won't be resigning from my current job.
            No issues. With H4 EAD you can either choose to work or choose not to work. It doesn't matter if its a new job or if its a transfer. You can't start working until you have the H4 EAD card in your hand which could take upto 90 days from the date you apply.

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