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Hi,
I am on H-1 B with approved I-140. my H-1 is valid until 2019. I have Bachelor degree in Computer Science in India.
My Wife is also working on H-1B. Her I-140 is also approved.Her H-1 is valid until 2021. She has Master’s degree in Computer Science from US University.
Since my visa is valid only until 2019 I am actually thinking to move from H-1 to H-4 EAD using my Wife’s approved I-140.
Form I-140 used to file H4 EAD has this language(For your convenience, you may file Form I-765 with Form I-539. However, we will not process your Form I-765 (except filing fees), until after we have adjudicated your Form I-539.)
I was checking the processig time of I-539 for H Visa. For California Service Center the processing time is showing as ‘1.5 months to 4.5 months’.
Please try to answer my below questions.
1. Since the DHS is planning to rescind H4 EAD, what would be your advise to me whether I should move from H1 to H4 EAD or not?
2. Also if I file I-539 today will it guarantee me that my I-765 will also be processed, the reason why i am asking this is because I fear once my status changes from H1 to H4 through i-539 I won’t be eligible to work anymore and by that time if DHS rescind H4 EAD thay won’t process my I-765 for H4 EAD.
3. Since I am working on H-1B, how will I be able to change my status to H4 without break in employment. I see there is a field effective date which according to instructions says ‘6. Part 2., Item Number 2.a. of the form, select the date you want your change of status to occur on. If approved, your change of status will occur on the date your current nonimmigrant status ends, the date of approval, or the requested date, whichever occurs later.’
Thanks,
Mohit
I am on H-1 B with approved I-140. my H-1 is valid until 2019. I have Bachelor degree in Computer Science in India.
My Wife is also working on H-1B. Her I-140 is also approved.Her H-1 is valid until 2021. She has Master’s degree in Computer Science from US University.
Since my visa is valid only until 2019 I am actually thinking to move from H-1 to H-4 EAD using my Wife’s approved I-140.
Form I-140 used to file H4 EAD has this language(For your convenience, you may file Form I-765 with Form I-539. However, we will not process your Form I-765 (except filing fees), until after we have adjudicated your Form I-539.)
I was checking the processig time of I-539 for H Visa. For California Service Center the processing time is showing as ‘1.5 months to 4.5 months’.
Please try to answer my below questions.
1. Since the DHS is planning to rescind H4 EAD, what would be your advise to me whether I should move from H1 to H4 EAD or not?
2. Also if I file I-539 today will it guarantee me that my I-765 will also be processed, the reason why i am asking this is because I fear once my status changes from H1 to H4 through i-539 I won’t be eligible to work anymore and by that time if DHS rescind H4 EAD thay won’t process my I-765 for H4 EAD.
3. Since I am working on H-1B, how will I be able to change my status to H4 without break in employment. I see there is a field effective date which according to instructions says ‘6. Part 2., Item Number 2.a. of the form, select the date you want your change of status to occur on. If approved, your change of status will occur on the date your current nonimmigrant status ends, the date of approval, or the requested date, whichever occurs later.’
Thanks,
Mohit
