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H1b Transfer To H4 Ead Timing-h1b Invalid Since When?

Discussion in 'H4 employment authorization' started by Happy_2015, Mar 3, 2015.

  1. Happy_2015

    Happy_2015 New Member

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    Hi Ron,

    I have a question for my wife. Her H1-B will expire on Oct. I have a I-140 Approved. We are planning to transfer her from H1-B to H4 with EAD. Now, the question is about timing.

    H4-EAD starts on May-26-2015.

    When should we start the H1-B transfer to H4 with EAD concurrent filing process?
    If we start early, and the H4 approved early then we get the EAD, dose that mean the current H1-b will expire?

    Regards

    John
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Personally, I'd wait and do a concurrent COS/EAD filing on May 26th.
     
  3. Boby

    Boby New Member

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    Ron,

    Does EAD provide legal status to stay in US after H4 expires?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No it does not. It is ancillary to lawful H4 status only.
     
  5. Boby

    Boby New Member

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    Thanks, Ron.

    Is it true with EAD from green card process? does EAD and AP combo allows to stay in US after H4 expired and travel without abandoning AOS case?

    If principal applicant(H1) get GC or start working on EAD(that means H1 is not valid anymore) before spouse's (H4, didn't filed GC with principal) EAD/AP case is in progress or say approved but still waiting for adjudication.....can spouse stay in US and travel without any dependency on H1?

    Spouse's GC filing as derivative does really has any dependency on H1 visa?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No. Advance parole is simply travel authorization while you are waiting for a decision on your AOS. If they deny AOS, your advance parole is no longer valid. Similarly, an EAD does not grant status, only work authorization.
     

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