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H1 And H4 Cos Concurrent (ron)

Discussion in 'H4 employment authorization' started by trackuscis, Jun 15, 2015.

  1. trackuscis

    trackuscis New Member

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    Hello Ron,

    I am stuck in the immigration quagmire. One potential solution for me is to seek H4EAD. However, USCIS's 'death by delay' is complicating my matter.

    Here is the situation:
    My H1-B expires in Jan 2015. My Spouse is applying for extension of her H1-B status effective Oct based on approved I-140. I would like to concurrently apply for COS with effective date of my H4 Dec 15th and request EAD. Is this possible and would USCIS approve my COS effective at a later date? What other actions they might take if effective COS for H4 is different from H1?

    If I apply my COS non-concurrently then it might not see the light of day before January. They say processing time is 2.5 months, but some people who applied 8 months ago are still awaiting adjudication on their I-539s. If I don't have a valid I-94 by Jan 2015, I won't even have my driver's license and I potentially may be accumulating illegal stay (if USCIS ultimately denies my COS for any stupid reason) .

    I can certainly go to India and get my visa stamped. But they will definitely keep me there under 212(g) as my previous visa application was picked up for TAL mantis (Technology Alert). If I get stuck in India even for few weeks there are other family complications that makes the situation more worse.

    I really really strive to keep my status legal and follow all applicable laws, but USCIS with their delay and unpredictability is making really hard for me to continuously stay and work in the country.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Even if you go abroad (Mexico and Canada are always possibilities), you will have a delay between returning as an H4 and receiving an EAD.
     
  3. trackuscis

    trackuscis New Member

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    Hi Ron,

    Thanks. I guess there is no escaping the gap while waiting for the EAD.

    My question is when H1-B extension and H4 COS for the spouse (from H1) are filed concurrently, what will be the effective date on H4? Can we request a specific date for H4 to be effective from? Will such a request will have any impact on when they adjudicate the H4 COS? I do not want to them to just approve H1 and sit on H4 COS. Suppose I ask my H4 to be effective from Jan 2015, and H1 from Oct - how do they deal with that request.

    Thanks so much for your help. I frequently visit the forum to learn about the state of immigration and occasionally comment. But I truly want to thank for the service and information you provide.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can ask, but they will generally make it effective as of the day they approve it.
     

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