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H1 Expires In 10 Months H4 Ead Vs Eb2 Filing

Discussion in 'H4 employment authorization' started by lalithaa, Feb 25, 2015.

  1. lalithaa

    lalithaa New Member

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    Hi Ron,

    My h1 expires in 10 months. Would you advise me to file my eb2 category gc now or get a h4 ead instead. Reason I ask is my husband has his i140 approved but under eb3 filed in 2012.

    My only pro for gc was if the dependent count in gc is removed and if priority dates for all categories become current, then filing a gc now wont be a bad option.

    Also in case my husband if some reason cant maintain his status, will I be able to apply for a h1 from h4 ead. In that case my new employer must be wlling to apply for gc at the same time as well since I may have only 6 months of h1 period remaining at the time.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I would do both.
     
  3. lalithaa

    lalithaa New Member

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    Thank you.
     
  4. lalithaa

    lalithaa New Member

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    My company is in the process of getting the labor approval right now for i-140 . Can they continue to do so while I convert to H4/EAD? Does being in H1B and GC process have any connection ?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, the two are not connected. As long as you have a continuing good faith job offer you are OK.
     
  6. lalithaa

    lalithaa New Member

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    Thanks again for the clarification.
     
  7. banerjee

    banerjee Junior Member

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    Company not willing to file H4EAD concurrently along with H4COS & H1 Ext with a future date. Can we apply for H4EAD separately before the H4 COS date and after receiving H4 approval to minimize job disruption. Please advice.
     
  8. Kamakazee

    Kamakazee Super Moderator

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    You cannot apply for H4 EAD before an H4 COS. The applicant first has to be in H4 status to be able to file for H4 EAD and hence, the H4 COS has to happen first.
     
  9. banerjee

    banerjee Junior Member

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    If we apply H4 COS for future effective date of 15 January 2016 now with H1B extension under premium processing and receive the approval within two weeks - Can we apply H4 EAD after that, based on the approved H4 receipt or do i have to wait till 15 January 2016 to file H4 EAD - they are approving H4 COS for future date, but not processing H4 EAD for that future date in advance if filed separately?
     
  10. Kamakazee

    Kamakazee Super Moderator

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    You can apply for H4 EAD after you receive your H1B/H4 extension. The EAD will be effective from the start date of the H1B/H4 extension and will be valid till the expiry date of the H1B/H4.
     
  11. banerjee

    banerjee Junior Member

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    Thanks, but since my case is not a H4 Extension but a H4 COS case with future effective date - can i apply for a H4 EAD after receiving the H4 COS approval for a future effective date even though i am not on H4 status at the time of applying for H4 EAD?
     
  12. Sriraj

    Sriraj New Member

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    @Ron Gotcher , @Kamakazee, @cuckoo I have the same question - would appreciate your thoughts and response on this.
     

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