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H1 To H4 And Then Ead

Discussion in 'Nonimmigrant Visa Applications' started by Sahib, Nov 4, 2016.

  1. Sahib

    Sahib New Member

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    Hello all,

    My wife is on H1 B currently, we have been with the same company since 2011 and we both have approved I 140 (2014). We are expecting our second child and my wife would like an extended break this time so she was planning to convert to H4 and then apply for EAD based on my approved I 140 so that she can return to work when she is ready. We have the following questions -

    1) How long will the process from H1 to H4 and then to EAD take, I have seen some cases taking upto 9 months??
    2) If for some reason I decide to leave the company I am working for while her H4 is in process will that affect her transition? We plan to speak with the company to not revoke our I 140 as she plans to join them back after her leave.
    3) Also is there a small possibility of the I140 portability rule getting finalized in next 6 months or so? If that happens we would not have to worry about the company revoking our I 140.
    4) Our H1s were appoved November 2011, we have had extensions since then and Her current H 1 B is valid till May 2019, if she does go on H4 next summer will she be able to come back on H1 without the lottery system just in case?? Any restrictions or timeline?

    Thank you for all your help, have a great weekend!!
     
  2. Sunyaang

    Sunyaang Guru

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    1) How long will the process from H1 to H4 and then to EAD take, I have seen some cases taking upto 9 months??

    --- It has now come down. I think some guys getting h1 to h4 COS in month. ofcourse ead can take upto 90 days. overall ur looking at 3-4 months not more. best is if ucan club this with a h1 extension, then u will get h1, h4 and h4 ead in 15 days ( happened to me)


    2) If for some reason I decide to leave the company I am working for while her H4 is in process will that affect her transition? We plan to speak with the company to not revoke our I 140 as she plans to join them back after her leave.

    ----- h4ead is safe as long as i140 is not withdrawn or revoked


    3) Also is there a small possibility of the I140 portability rule getting finalized in next 6 months or so? If that happens we would not have to worry about the company revoking our I 140.

    ---- this is still a grey area. cannot say anything until final rule comes out


    4) Our H1s were appoved November 2011, we have had extensions since then and Her current H 1 B is valid till May 2019, if she does go on H4 next summer will she be able to come back on H1 without the lottery system just in case?? Any restrictions or timeline?

    --- Yes, she can. since she already has h1 she doesn't need to go for lottery until she exhausts 6 yrs on h1. and if she gets i140 approved, she can get h1 extended beyond 6 yrs
     
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  3. Sahib

    Sahib New Member

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    Thank you for taking the time out to reply. Just one follow up question. You mentioned applying for H1 and h4 simultaneously. Is that possible?
    So if I decide to start a new job and they are willing to do an H 1 transfer for me, I can apply for H4 and ead concurrently? My understanding is to do a premium process H1 and that's how I can get all 3 in 15 days, right?
    Thanks again :)
     
  4. donisback

    donisback Guru

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    There is no premium processing for H4 EAD
     
  5. Sunyaang

    Sunyaang Guru

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    Yes. exactly .

    You will have to apply for h1 extn h4 and h4ead concurrently in premium. and 90% of cases all 3 get approved at the same time.

    I know because I had done in premium and I got h1, h4 and h4ead all approved simultaneously
     
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  6. Sahib

    Sahib New Member

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    That sounds like a route we may be able to take. If h1, h4 and ead all get approved, what status would my wife be in? My understanding is she can only be in one status at a time and she would like to be in the H 4 ead status. Thank you!
     
  7. Sunyaang

    Sunyaang Guru

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    Yes ur wife will be in h4 status with an ead
     
  8. Sahib

    Sahib New Member

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  9. tekberlin

    tekberlin Junior Member

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    If you can do H1/H4 & EAD all at one time with premium, that it the best case. However if Applying H1 is not an option, you can apply H4/EAD with future date option. So that, your wife can still be on H1 until H4/EAD are both approved. you may not worry about the processing time.
     
  10. Sahib

    Sahib New Member

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    Thank you so much for your reply. This would help me greatly as she has to give 90 days notice to her company so she can do so and apply for h4/ ead with a future date of beyond 90 days. I will check with my lawyer on this option as well.
    Thank you
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are within six months of needing an extension (or you need to do an amendment), bundle your wife's applications with yours and do premium processing.

    It shouldn't.

    Look for the portability rule to be published as a final rule before the end of the Obama administration, probably next month.

    She will be cap exempt for the next six years.
     
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  12. Sahib

    Sahib New Member

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    Thank you for your reply Ron!
     

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