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H4 Ead With H1 Receipt Notice

Discussion in 'H4 employment authorization' started by katbhuve, Jan 21, 2016.

  1. katbhuve

    katbhuve Member

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    I have an approved I140 and my H1 extension is going to filed sometime during this month. Can someone let me know whether my wife can apply for her H4 EAD based on my H1 extension receipt notice(and along with other supporting documents)?

    Thank you.
     
  2. sri1979

    sri1979 Well-Known Member

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    Yes all three can be filed AT ONE TIME
     
  3. katbhuve

    katbhuve Member

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    Thank you for the information. Just for the H4 EAD, my employer's attorney is charging around $1000. Because of the fee, I would like to apply H4 EAD by myself. But I am not sure whether it can be applied based on my H1 receipt notice.

    Any help on this matter is highly appreciated.
     
  4. sri1979

    sri1979 Well-Known Member

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    Yes u can apply with receipt
     
  5. PDCOM

    PDCOM Guru

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    I applied for h4 EAD along with h1 renewal. I filled out the form myself and asked the big F to attach it along with the h1/h4 filing. I also attached the cheque and cover letter with all related documents needed.
    The form is really quite simple. I was not charged anything by them.
    Advantage is that EAD comes in a week after h1/h4 approval
     
  6. Ven0206

    Ven0206 New Member

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    @katbhuve: Did you received any receipt for your wife EAD, when you apply with your H1 receipt copy? is it approved or still pending?
     
  7. PDCOM

    PDCOM Guru

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    You should get a separate H4 ead receipt.
     
  8. katbhuve

    katbhuve Member

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    Ven0206, I haven't applied H4 EAD along with my H1 extn. My employer's lawyer quoted $1250 fee for H4 EAD. I have decided to apply for H4 EAD after my H1 exten which I applied in premium.
     
  9. Ven0206

    Ven0206 New Member

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    @katbhuve: I got your point, you have applied by your own. Need your help here is, while applying for EAD, did you attached your H1B receipt and H4 receipt and EAD fee, photos and documents you posted to USCIS?

    Did you get the EAD approval along with all H1B and H4?? or how long it took to get the approval and receipt number?
     
  10. katbhuve

    katbhuve Member

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    I haven't applied H4 EAD yet. I am still waiting for my H1(filed last week) and H4 receipts.
     
  11. Ven0206

    Ven0206 New Member

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    HI All,

    while we are applying for the renewal of H4 EAD, with H1B holder receipt number, what do we need to enter in 765 form in 18 th point? current pending H1B receipt number or existing H1B recipet number which is going to expire soon?
     
  12. Michelle Choe

    Michelle Choe Attorney at Law

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    You would write "pending H1B following by the receipt number"
     
    Ron Gotcher likes this.
  13. katbhuve

    katbhuve Member

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    I have a question that I would like to take help for this forum. Our H1 and H4 petitions got approved last week. My wife is planning to travel India in couple of months. I am not sure if it is ok to apply for her H4 EAD now. Does she need to be in USA when the H4 EAD gets approved?

    Thanks in advance.
     
  14. DonDraper

    DonDraper Guru

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    yes
     
  15. mainejersey

    mainejersey New Member

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    Let's say,
    - H1 extn has been applied before H1 expiration
    - H4 EAD is applied based on the H1 extn pending receipt number, but after the H1 expiration
    Since the H1 extn is still in progress, what are the chances of getting H4 COS & EAD approval with H4 I-94?

    Please advice. Thanks.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as the H4's I-94 had not expired at the time of filing the EAD application, the chances are excellent.
     
  17. New Guy

    New Guy Senior Member

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    There was an announcement from uscis that came in yesterday, if you travel while 539/765 pending, it will be considered abandoned and you need to re-apply.

    if you travel abroad before we approve your Form I-539, Change of Status (COS) application, we will consider your application to be abandoned. This means we will deny your COS application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your COS is approved, it will be considered abandoned, along with your I-539 application. This will result in a denial of your Form I-765 even if you are re-admitted as an H-4 nonimmigrant. If re-admitted as an H-4 nonimmigrant, you would need to file a new Form I-765, with fee, in order to apply for employment authorization.
     
  18. mainejersey

    mainejersey New Member

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    Just to clarify the 2nd point in my earlier message, H1-H4 COS and EAD has been applied concurrently, with the H1 extn pending receipt number, but after the H1 expiration.

    In this scenario, is there a possibility to get the H1-H4 COS approval? If there is a possibility, then will the approval comes with new I-94? Please advice. Thank you.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They will update the I-94
     
  20. mainejersey

    mainejersey New Member

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    Thank you, Ron. Much appreciated your advises, as always.
     

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