I got a query on my H4 EAD stating "According to USCIS records, you filed a Form I129 and was approved on.... granting you h1B non immigrant status until... To be eligible for employment authorization under c(26) eligibility category you must establish that you currently hold valid H4 non immigrant status. Submit evidence that you hold valid H4 non immigrant status."
When I had almost reached my H1B cap (with 6 months left), I transferred to H4 and through H4 EAD c(26) category I continued my employment with same employer once I received EAD. Then I applied for H4 renewal and standalone EAD renewal. I had emergency travel to India, and got H4 stamped along with my Spouse H1B stamping. Due to travel ban, I was held up for few months. Meanwhile my employer got my H1B extension based on my approved i140. I waited for getting the interview slots for H1B stamping as I could not get dates travelled back to USA on H4 due to school reopened for kids. My employer is not ready to do change of status from H4 to H1. I got above H4 EAD query. What are the expert suggestions on my case ?
If I respond to H4 EAD query will my H1B petition be cancelled?
what document i need to provide to prove my H4 non-immigrant status?
If my company does change of status, will it be a new petition, may be I will not get the same period for which it is approved now for full 3 yrs?
If I have to change employer, will they do change of status and company transfer?
I lost my job due to H4-EAD Expiration. I am entitled for severance pay. Am I allowed to accept severance pay which will be paid to me in installments on the company's regularly scheduled payroll dates?
I am applying initial i-765 for my wife. She earlier had PERM and i140 approved from her H1B employer. Do i need to mention the older i140 A-number in this initial i-765 L2-EAD application or can i just leave it blank? Appreciate any inputs.
I have two questions regarding H4 EAD as follows -
1. Can H4 EAD be applied with latest approved H1B but H4 extension still pending? or H4 extension approval is mandatory for H4 EAD
2. Are there any experiences of updating a document on the existing WAC ( may be sending through snail mail/fax or updating on online USCIS account . WAC related to H4 EAD .
I had filed my EAD this month along with my H4 extension. I have received the receipt notices for the H4 extension. However, the I-765 and all supporting documents, check and photographs were returned. The check is stapled to the I-765 form and there is also some dates and crossing done on the form.
There is also Notice of action which only reads:
"You must check one of the three boxes found on the Form I-765 in the section entitled : 'Reason for Applying' "
The footer of the notice reads: "(03/02/21)Y-XXXXXXX SAVE THIS NOTICE FOR YOUR RECORDS - XXXXXXXX-XXXX"
I had missed this from my side.
I request your suggestion on what i may need to do next..
Should i send the returned form along with the box for renewal of EAD checked?
Should i send a completely new form with a new check?
Should I also attach the receipt notice of my H4 extension? Now as this is being sent separately?
Thank you all for your help and suggestions in advance.
First time applying for H4 EAD after my spouse I-140 got approved.
7/26/2020: I-765 Application sent
7/30/2020: Application received by USPS
8/12/2020: Receipt Notice received
10/30/2020: New card being printed
11/2/2020: I-765 form approved
11/4/2020: I-766 (EAD plastic card) picked up by USPS
11/6/2020: Received EAD card in mail
Documents and evidences submitted:
1. Check for $410
2. My I-94 latest copy
3. H4 visa extension approval copy
4. Passport biometrics page
5. Marriage certificate
6. Spouse I-94 latest copy
7. Spouse I-140 receipt notice
8. Spouse I-140 approval screenshot as employer did not share I-140 approval copy
9. Filled up I-765 form
I live in US with my husband, I had H4 and he had H1B, until his GC has been approved in November (Yeah! but..)
Our lawyers didn't tell us to file together (yes I know that's embarrassing) so they send my application (I-485, I-765, I-131) two weeks later in 12/1/2020.
- after biometrics, I received EAD+AP card (Great!)
- sent RFE for medical examination and it was received 06/01/2020
- now my online case status for my I-485 states this "USCIS has begun working on your case again. We will send you a decision or notify you if we need something from you."
1) Do you know how long it takes for them to schedule an interview?
2) When my husband received his GC, my H4 was immediately invalidated (because my husband's H1B was replaced with the GC). Technically I applied for change of status without a status. Do you think that this will compromise me from obtaining the GC?
If anyone experienced a similar situation, I would be grateful that you share them.
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