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H1 To H4-ead Conversion Without Impacting Employment

Discussion in 'H4 employment authorization' started by nikita, Apr 8, 2016.

  1. nikita

    nikita Junior Member

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    My 6th year H1B is expiring in 6-7 months, my husband's H1 is till Jan 2018 and he has I-140 approved. Is it possible to convert from H1 to H4 EAD without taking a break in employment?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since your husband is not within 6 months of status expiration, his employer should file an H1B amendment for him and you can file a change of status to H4 and request for work authorization concurrently with his documents. If his package is premium processed, they will adjudicate yours at the same time, including the EAD request.
     
  3. nikita

    nikita Junior Member

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    Thanks Ron, assuming that his employers wont agree to file an H1B amendment, is there a possibility for me to file for change of status independently from H1 to H4 along with EAD request? What could happen if I initiate that 5-6 months before expiry of my H1? Do I need to cease work immediately after filing for COS or can wait for H4 approval to come first? (hoping that ead will come before that or along with that).
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can do that, but it will likely take six to nine months for them to act. You don't have to stop working until they change your status.
     
  5. pbs11

    pbs11 Junior Member

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    Hi Ron,
    I was in similar situation.My spouse was on H1 and full time employee with a company. Base on my approved I 140, I filled concurrent application for H1 to H4 and EAD on December 09(which went to Vermount Service Center from Texas SVC). I requested effective date for H4 and EAD(in section 2a) from 06/01/2016 to avoid gap in employment.
    To my surprise I got approval letter on 10th April only for H4 and that is effective from 7th April :(. Still EAD application is pending. We contacted USCIS and they acknowledged that the effective date in application is not honored (thto change approval date of H4 which they denied, he also requested issue of interim EAD, they didnt agree for that as well. Finally we created service request to rectify typo and expedite EAD process which agent agreed and created service request. After 4 days I contacted USCIS again and other agent on the call created new service request to expedite EAD process. Agent also suggested to take infopass and talk to local USCIS office as they can provide some document so that my wife can start working.

    We have taken infopass appointment with USCIS. Do you suggest any specific way to talk to agent on infopass to explain and convince them to give interim EAD?
    Because of this situation my spouse has to stop working. Can you please suggest any way to expedite or get interim EAD?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There isn't much that you can do.
     
  7. pbs11

    pbs11 Junior Member

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    Thanks Ron for the response.. but in this kind of situation base on your experience how long it takes for USCIS to give EAD or do they give interim EAD?
    Reason for this question is, my wife's employer is ready to wait for her case resolved and would like to give some duration to employer.
     
  8. pbs11

    pbs11 Junior Member

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    Hi Ron,
    We took infopass but didnt get any concrete response but to wait. In infopass they suggested to contact 1800 number again! We contacted USCIS helpdesk contact number and explained our situation. The agent was very helpful and informed us that our case qualifies for expedite service request. Agent created expedite service request with note "Because of clarical mistake of USCIS effective date of COS is wrong resulting in financial loss and loss of health coverage" She said we should get update within 5 days.
    I'd really appreciate your expert insight into this.
     
  9. sur

    sur New Member

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    Hi , did you get any response. i am also about to apply H1 to H4 and H4EAD together. so checking all the sites for information
     
  10. Sunyaang

    Sunyaang Guru

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    so I think ur saying to artificially manufacture an amendment just to use the premium processing and get EAD at the same time. makes sense.

    but in this case what would be the basis of her husband's amendment?
     
  11. khush

    khush New Member

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    I'd like to know the answer to this question as well. I am in same situation and looking for options to convert from H1 to H4EAD seamlessly.
    On what basis can my husband's H1B amendment be filed? His H1 got extended 6 months back for next 3 years on approved I140.
     
  12. Michelle Choe

    Michelle Choe Attorney at Law

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    You cannot file a frivolous H1B petition just to utilize premium processing for your COS + EAD application. Please see below for the situations where an amendment is necessary:
    1. When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014).
    2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.
     
  13. pulpfiction

    pulpfiction Guru

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    Did you do the converson?
     

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