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H-4 Ead Information Sheet And Faq

Discussion in 'H4 employment authorization' started by Ron Gotcher, Mar 3, 2015.

  1. speedracer

    speedracer Guru

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    you are transferring from H1 to H4, there is no premium processing for H4 visa, so applying in US to transfer/approval from h1 to H4 can take a month or can take 6 months or more. Getting it Stamped is easier and faster but it has its own complications, looked at the Canada option and Canada for sure will require you to have visa to enter the country, that's additional processing and financial burden for visitor visa.. then on top of that the H4 visa can take 4-5 days to get stamped and get the passport back.. India atleast you can visit and get the visa stamping / vacation without headache of being stuck in for 4-5 days in mexico or Canada.

    You do have time to get h4 visa but then getting the EAD is another process, first you need the h4 visa approval then you can get EAD (you can apply COS in US but again H4 needs to be approved first which is matter of luck). Average time now days to get EAD is around 50 - 60 days if you apply for EAD independently.

    all the best.. also there could be other senior members who can better guide you.. so hope this answers atleast part of your query..
     
  2. apostrophe

    apostrophe Junior Member

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    Thank you speed racer. That helps. Getting it done in India seems best for me. Even if I consider Canada, I never had a H1 stamping on my passport. Moved from a F1 to h1B. Does Canada accept third country citizens for a H1 to H4 transfer without prior H stamping on a passport?
     
  3. s_gan

    s_gan Super Moderator

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    If you case goes for administrative processing, you will stuck in Canada.
     
  4. speedracer

    speedracer Guru

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    that's a good question, you don't have stamping / visa stamp on the passport, it will complicate things, best to do it in india, as the above member mentioned.. it is easier and you would have better support in India..
     
  5. GreenChemie

    GreenChemie Member

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    Hi Ron/Kamakazee,

    I just applied for my H-4 EAD.

    When I do get the EAD, will it be approved for just 1 year or till my H-4 status expires (Mid 2017 in my case)?

    The USCIS website states that it will be approved for the entire duration of the I-797 validity, but I have noticed a few cases where the EAD has been granted for just 1 year.

    Thanks!
     
  6. speedracer

    speedracer Guru

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    We applied COS and the H4 ead came for the duration for H4 validity, i.e. 3 years.
     
  7. GreenChemie

    GreenChemie Member

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    Sweet! Thanks!
     
  8. neha123456

    neha123456 New Member

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    Ron,
    I recently got new Passport with name split on it ( FN- Kyra, LN- Sin) which was earlier FNU Kyra Sin. My I-94 and I797 has still my old name i.e. FNU Kyra Sin. Can I apply for EAD now with new name? If yes how? Thanks!
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since your passport has the new designation, yes you may apply with that designation.
     
    neha123456 likes this.
  10. Yevaga

    Yevaga Active Member

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    Hi Ron,

    Can I file H1 Extension + H4 and H4 EAD concurently, all of these at a time. Please let me know.
     
  11. speedracer

    speedracer Guru

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    Yes. that would work.. infact if you do premium.. for h1.. its likely that h4 and ead will be processed quickly as well. atleast thats what happened with one of my coworker..
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is exactly how to do it.
     
  13. KRNANDA

    KRNANDA New Member

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    Hi Ron,

    Request your response to my query.
    I am going to apply for H4-EAD.
    I am on valid H4 status. My Wife's I-140 got approved on 10-June-2016 but we haven't received the I-797 approval notice for I-140. We checked with her employer also, and even they did not receive the approval notice. We just have an email that they got from Texas Service Center with the Receipt Number and stating that I-140 was approved.

    I would like to know, should I wait for approval notice of I-140 to file my EAD form I-765 ?
    How much time it could take for the approval notice to come after I-140 approval?
    What all documents can i provide in case the I-140 approval notice does not come in the next few days (it has been 11 days since approval already).
    I have the I-140 Receipt number and the status on USCIS website also shows as Case Approved on 10-June with Receipt Number. Can we use that?

    Appreciate your help.

    Regards
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should receive the approval notice within about two weeks.
     
  15. specifione

    specifione Junior Member

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    Hello Ron
    One of my colleague planning to change jobs.his wife H4-EAD valid till July 2018.If my current company withdraw his I140 after job change does uscis revoke his wife ead or is it going to be valid till july 2018?
     
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  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If he holds H1B status until 2018, the USCIS won't revoke it when he changes jobs even if the employer withdraws the I-140. His wife's H4 status is dependent entirely on his H1B status.
     
  17. KRNANDA

    KRNANDA New Member

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    Thanks for the reply RON.
    One last query, we checked with my wife's employer for the approval notice and they haven't received it yet. Will the employer get the approval notice or the Law Firm which filed I-140. Should we check with the Law Firm too.
    Also, in the event that I don't receive the I797 for I-140 after 2 weeks of approval also, should i go ahead and send my documents and attach the approval decision for I-140 with the receipt number from the USCIS website alongwith the mail that the employer received from Texas processing center about the approval of I-140.

    I am too worried as I have recently got a job and my prospective employer wants me to start asap, any delay in EAD could result in me losing that job.

     
  18. specifione

    specifione Junior Member

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    Hello Ron
    so his wife EAD going to be valid and she can work without any issues or any chance of USCIS revoking her EAD?
     
  19. veera369

    veera369 New Member

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    Hello Ron,

    I am filling H4 ead extension for my wife along with my h1b extension & wife's h4 extension. I am doing this in premium processing.I have two questions.

    1. Can We submit h4 ead extension application before 120days of current h4 ead expiry ? . Current h4 ead expires on dec 1st.

    2. In the I 765 application what should we put for I797 receipt number since we dont have one yet.

    appreciate any help.

    Regards
    Veera
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The law firm will receive the approval notice.
     

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