Any impact to H4 EAD application which is in process,if the person travels to india

[suren424]

Hi,

My spouse has approved H4 and planning to apply for H4 EAD. Could you please provide your inputs on below questions

1) If for some reason, my spouse travels to India will it impact the in-process EAD application?
2) Can she travel after we get the receipt notice ?
3) How much time is it going to take to get the receipt notice?

Appreciate your inputs.

Thanks in advance

[rkk09]

Hi,
1) If for some reason, my spouse travels to India will it impact the in-process EAD application?
Answer: May be.. As per EAD rule, The person must be physically present in the USA at the time of adjudication.
2) Can she travel after we get the receipt notice ?
Answer: She can. But, as i mentioned above, she will have to be in USA at the time of Adjudication. If not, then you may expect RFE to request I-94.
3) How much time is it going to take to get the receipt notice?
Answer: It depends upon processing center.. But, you can expect within a week.. If you file yourself, Please include G-1145 form to get quick response over phone or Email on receipt number.
Thanks

[suren424]

Thank you rkk09 .

Adjudication means she should be in US when we get the notice for bio-metric appointment ... right ?

And, will there be any issue if we apply H-4 EAD on my own instead of going via attorney ?

Thanks,

[rkk09]

Hi,
If she had already done bio-metric for H4 then again it is not required at the time of H4 EAD filing.
And Yes, you can file H4 EAD yourself, if you have knowledge on this..
Thanks

[suren424]

Thank you rkk09

I am preparing the H4 EAD docs myself for filing. Quick questions.

1) I have approved I-140 from my previous employer and not yet started my I-140 transfer with the new employer. If my new employer starts the I-140 transfer(they might start it in a month or so) after filing the H4 EAD will it have any impact ?

Thanks in advance.

Thanks,

[rkk09]

Hi,
Please see my response below..
1) I have approved I-140 from my previous employer and not yet started my I-140 transfer with the new employer. If my new employer starts the I-140 transfer(they might start it in a month or so) after filing the H4 EAD will it have any impact ?
Answer: Please just note, you can not transfer your I-140 to another Employer.. You will need to file New I-140 petition with new Employer. And your new I-140 petition will not impact H4 EAD petition.
Thanks

[suren424]

Thank you rkk09 . Appreciate all you guidance and inputs on this.

One clarification regarding Question#12 on from I-765 : Have you previously filed Form I-765 ? Yes or No

I selected 'Yes', because we did file I-765 in 2019 from my spouse but as my H-1B got denied, I-765 has also been denied.

> So, do i need to mention Yes or No?
> If i mention Yes, can i include the receipt copy of the previous I-765 or not ?

Thanks in advance.

Regards,

[rkk09]

Hi,
You will need to select only Answer YES as you filed the petition and got receipt notice.. Better you include denial notice as well. And give more details in PART 6 if you want to provide any clarification..
Thanks

[suren424]

Thank you rkk09.

Any suggestion on what can i mention in part 6 ? or can i leave it blank and just submit the old receipt notice.

After checking my emails : My old H-1B decision said : The petition(H-1B) has been denied on the basis of not qualifying under the speciality occupation. So eventually, my spouses I-765 got denied too. There wasn't any specific denial as such for I-765 form.

And also: What document do i need to provide for: A government-issued identification document with photo :

• A copy of your last EAD (if any);
• A copy of the biometric page of your passport;
• A birth certificate with photo ID;
• A visa issued by a foreign consulate; or
• A national identity document with photo.

Of the above, i have the passport. So, what is the biometric page in Indian passport ? or can i give all the pages of the passport which has the data ?
i have the US Visa Page, but it's expired. can i submit this too ?

Just wanted to make sure i submit the correct details in the package.

Thanks again.

[rkk09]

Hi,
Please see my Answers below..
Any suggestion on what can i mention in part 6 ? or can i leave it blank and just submit the old receipt notice.
Answer: You can mention as, Filed H4 EAD petition(I-765) with receipt number YYYY X and it got denied on DD
Of the above, i have the passport. So, what is the biometric page in Indian passport ? or can i give all the pages of the passport which has the data ?
i have the US Visa Page, but it's expired. can i submit this too ?
Answer: Yes.. You will need to provide passport page that contains data.. I.e First and last page, Visa pages, Stamped pages.
Thanks

[suren424]

Thank you very much rkk09

Almost done with the package. One last clarifications.

1) Already included my approved I-140 copy. Do i also need to provide a copy of my H1-B.
2) Do i need to include my spouse ITIN copy

Thanks in advance.

[rkk09]

Hi,
Please see my response below.
1) Already included my approved I-140 copy. Do i also need to provide a copy of my H1-B.
Answer: Yes. You will have to include recent most H1B Approval copy
2) Do i need to include my spouse ITIN copy
Answer: if you have, yes please include that as well.
Thanks

[suren424]

Thank you rkk09 for all the help on this. I have mailed the package 2 weeks back and keeping my fingers crossed.

Not yet received any confirmation message though. Will wait for it.