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H1b To H4ead Advice Needed

Discussion in 'H4 employment authorization' started by dbellamkonda, Mar 5, 2015.

  1. dbellamkonda

    dbellamkonda New Member

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    I am currently on my 6th year of h1b with perm approved and I-140 in progress. i have received 1 year extension on my h1b this month.My wife has her I-140 approved and i want to move on to h4-ead based on her 140.
    My question is can i continue to work on my current job until i get my h4-EAD or
    will i have to take vacation for 3-4 months until my EAD is issued after my h4 is approved?Please Advise.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are likely going to have some down time between the date they change your status to H4 and the date they approve your EAD.
     
  3. Shakira Crazy

    Shakira Crazy New Member

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    I believe this is not valid now since based on recent updates, you can concurrently file for h4 and EAD.
     
  4. Kamakazee

    Kamakazee Super Moderator

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    You can concurrently file but EAD will not be approved till the H4 status is approved. EAD approval takes around 90 days. That's the down time Ron mentioned between getting H4 status and then getting the EAD.
     
  5. mar212011

    mar212011 Well Regarded Member

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    Looking at the current processing times, the H4 change of status will take a long time, im not sure if that 90 day includes the change of status?

    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents August 16, 2014
     
  6. Kamakazee

    Kamakazee Super Moderator

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    No it doesn't. If you simply doing a COS, the COS will take its own time. The 90 day period starts only after the H4 status is approved. And USCIS regularly fails on the 90 day deadline.
     
  7. Shakira Crazy

    Shakira Crazy New Member

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    I am confused, so assuming i want to change from H1 to H4 for EAD and today is June 1st 2015, then what is the time frame:

    1. H1 to H4 conversion -> June 1 to Sept 1
    2. H4 to EAD -> Sept1 to Dec1?

    This is considering the ideal situation when each step takes 90 days.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that sounds about right.
     

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