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H-4 Visa Stamping

Discussion in 'Nonimmigrant Visa Applications' started by GreenChemie, Oct 19, 2015.

  1. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I have an appointment to get an H-4 stamped at the US Consulate in Ottawa in November. I am currently on F-1 OPT working full time and will resign before the visa appointment.

    I plan to come back and then apply for the H-4 EAD and my employer will then re-hire me based on the EAD.

    How do I handle any questions on employment and my intentions at the visa interview? I do plan to be employed with an EAD but to obtain an H-4 visa one needs to demonstrate that they do not wish to seek employment.

    Should I be upfront about my intentions about applying for an EAD or should I just pretend that I no longer wish to work?

    I would appreciate your input.

    Thanks!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they ask you, be up front about your intentions. Since it is perfectly lawful for an H4 to request an EAD, there is nothing wrong with admitting that.
     
  3. GreenChemie

    GreenChemie Member

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    Awesome! Thanks Ron! :)
     
  4. Legal Immigrant

    Legal Immigrant Banned

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    Ideally, I shouldn't even reply after Ron's response, but just adding 2 cents. Your statement that "to obtain an H-4 visa one needs to demonstrate that they do not wish to seek employment" is not valid now after H4-EAD taking effect.
     
  5. GreenChemie

    GreenChemie Member

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    Depends on who the applicant is, considering it's only for certain spouses. So for a vast majority of H-4 applicants, that statement is still valid. My 2 cents to your 2 cents :)
     

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