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Apply For H4 Ead Before Receiving H4 Approval ?

Discussion in 'H4 employment authorization' started by lalithaa, Apr 13, 2015.

  1. lalithaa

    lalithaa New Member

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    Is one scenario better than the other in terms of the time it takes to receive the H4 EAD in hand.

    My H4 is under processing

    Scenario 1 :
    Wait for H4 approval. Apply H4 EAD sometime after May 26

    Scenario 2:
    Apply for H4 EAD on May 26 even though H4 is still under process
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can't apply for an EAD until you are actually in H4 status.
     
  3. lalithaa

    lalithaa New Member

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    Thanks for reply. I felt since H4 COS and EAD could be applied simultaneously, we could do this as well. Thanks for clarifying.
     
  4. Kamakazee

    Kamakazee Super Moderator

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    Even though you can simultaneously apply, H4 status has to be approved first before the EAD application is processed.

    Ron, can't the person still apply for EAD on May 26th and submit documentation that the H4 application has already been submitted and is being processed? Wouldn't the receipt notice from USCIS do?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, an applicant can do that. I don't know yet how the USCIS will react, but they should be willing to accept it.
     

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