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General Discussion 2

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jul 13, 2015.

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  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. Ash_L

    Ash_L Super Moderators

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    Thanks Ron for keeping the discussion going and making it lively and informative. It seems H4 EAD applications are being processed at a decent speed. This is specially good for people who are switching or plan to switch from H1 to H4
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Funny you should mention that. At our weekly all-staff office meeting this morning, I told everyone to be careful about client expectations for H4 processing. So far, we haven't seen any COS/EAD approvals. We have seen a ton of EAD approvals for people who were already in H4 status, but no COS approvals yet.

    With the return to H1B premium processing, I believe that we are going to see a slowdown in H4 EAD approvals. I think they wanted to make a big splash at the start of the program, but now that they have, I think it will be business as usual. That means three months for an existing H4 to get an EAD and anywhere between six and twelve months for a COS/EAD application. The VSC is still showing September as the filing date for COS application with that center.
     
  4. djayash

    djayash Guru

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    Wow, 6 to 12 months for COS/EAD..That is a long time...So if someone not on H4 wants to move to H4 and apply for EAD, it will take forever....Can we apply using PP for H4 or EAD?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It may be possible to shorten the COS time by attaching it to an H1B premium processing petition. The fastest way to effect the change is to go abroad and get an H4 visa.
     
  6. justice

    justice Member

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    Ron

    how is that different? I mean why does being out of country takes less time to get H4 visa?
     
  7. s_gan

    s_gan Super Moderator

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    because it takes more time for USCIS to process the application.
     
  8. justice

    justice Member

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    So USCIS does not process out of country H4 visas
     
  9. mar212011

    mar212011 Well Regarded Member

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    Change of status I-539 , the processing time is around September 2014 - so it will take a while for that to come Jul - 2015
    where as if someone travels to home country and gets H4 visa stamped in the consulate, it may take a month
     
  10. s_gan

    s_gan Super Moderator

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    they do but are slow.
     
  11. Ravi K Chandran

    Ravi K Chandran New Member

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    Ron,

    Is it possible to Premium file H1b extension (for primary with 140) and Spouse COS (H1 to H4) and EAD application.
    All in one go? will all be considered premium? sounds greedy to me :)

    Thanks
    Ravi
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may do that. The H4 COS will be done via premium processing, but the EAD will then be done through regular processing.
     
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  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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  14. Ravi K Chandran

    Ravi K Chandran New Member

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    Thanks Ron,
    Looks like employment GAP is unavoidable even with the new 'future effective date' on I539
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that some gap is always going to be unavoidable.
     
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  16. mar212011

    mar212011 Well Regarded Member

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    The PERM processing time has moved to Dec 2014, is there a way to find how long would it take to move to jul 2015 or is there a way to see how many pending applications are there to see how the movement will be in future?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unfortunately, that data is not available.
     
  18. SGeorge

    SGeorge Guru

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    Ron, KK,SGan and all other experts,
    Since it appears that EB3I is moving forward, can we have a discussion(speculation) on how far it can reach, how is it going to affect EB2 India movement etc.
     
  19. phoenix

    phoenix New Member

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    HR 213 now has 45 sponsors.
     
  20. Shane

    Shane Junior Member

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    EB2I should start moving starting October 2015 VB. Hoping covering all of 2010 dates by end of FY16 or starting FY17.
     
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