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Help! H4 Ead Application Question

Discussion in 'H4 employment authorization' started by Swetha_p2009, May 21, 2015.

  1. Swetha_p2009

    Swetha_p2009 New Member

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    Hi Ron!!

    I need your help. I entered US on H4 Visa. and later got selected in H1 lottery and worked for few months. Then had to go back to India and came back on H4. Currently I am on H4.

    On the question where it says that Have you applied before for employment authorization from USCIS?

    Should I answer YES or NO?

    because I have recieved H1, does that count as employment authorization? or does this question relate to EAD ( like OPT EAD and GREEN card EAD)

    Thanks for your help.
     
  2. Kamakazee

    Kamakazee Super Moderator

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    The answer should be Yes.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Check yes and explain.
     
  4. Ratna Kumar

    Ratna Kumar New Member

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    Hi Ron,

    Question 18, where they ask for receipt number for spouses's H1B petition, what do you suggest we fill if this is concurrently filed with I-129?
     
  5. Kamakazee

    Kamakazee Super Moderator

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    The current one you have now, the one which is about to expire and you are filing for the extension.
     
  6. Ratna Kumar

    Ratna Kumar New Member

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    Thanks Kmkz. But I'm getting mixed responses on that. Some say, you need to mention that I-129 is concurrently being filed.
    Do you know where in the instructions, have they mentioned about using the existing petition # for field 18? I've been looking for it and can;t find it.

    It was my understanding that, the petition number you use in that field, would dictate the expiry date of the EAD.
     
  7. Mahesh Raman

    Mahesh Raman New Member

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    Hello Ron,
    I am in the same situation as listed above. I'm concurrently filing my H1B petition along with the H4 and H4EAD for my spouse.
    Can you please confirm what I enter in box 18? It asks for "Most recent I797 receipt number".

    Do I still mention the receipt number of the form that's about to expire in a month, or do I type in something like "I-129 concurrently filed" ?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Here are a couple of things to keep in mind:
    1. They are not going to do anything with the H4's I-539 until they have approved the spouse's I-129H.
    2. They are not going to do anything with the H4's EAD application until they have first approved the I-539.
    This being the case, the best practice would be to wait until you get a receipt number for the H1's I-129 and then use it to answer question 18.
     
  9. Ratna Kumar

    Ratna Kumar New Member

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  10. Satish.txt

    Satish.txt Member

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    Q. 14 Alien Registration number or I-94 Number

    We have I-94 attached in bottom of I-539

    It has following, do i need to put this number or EAC?

    I-94 # 43578293 19
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's your I-94 number. The receipt number is at the top in the box titled "receipt number".
     
  12. nikhiljawrani

    nikhiljawrani New Member

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    Ron,

    For Q 11, should we answer Yes for I-20 CPT Work Authorization as well (and attach the I-20 with the application)?

    Thanks for your help.
     
  13. rajsar

    rajsar New Member

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    My wife was on H1B visa from june 2012-July 2013. Currently she is on H4 visa. What should we answer for Q11 (Have you applied before for employment authorization from USCIS?). What documents need to be submitted if answer for this question is "Yes"?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I interpret that to mean "Have you ever applied for an EAD previously?"
     
  15. rajsar

    rajsar New Member

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    Thank you for your help. I will select 'No' for that question as she has never applied for EAD before.
     
  16. Nir

    Nir New Member

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    Hi Ron,

    Q 18. I forgot to put in the I 797 approval receipt number even though I have attached the document in my package. Is that going to be an issue?

    Thanks
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you included a copy, it shouldn't be a problem.
     
  18. Nir

    Nir New Member

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    Thanks Ron!!!
     
  19. UChander

    UChander New Member

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    Hi Ron/All,
    Question number 18 -> We need to provide I-797 approval number or I-140 Approval ?
    Regarding date of birth -> It's not in English (native language - Hindi) , what can we do about it ?

    Please help

    Thanks,
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The receipt number is sufficient. I don't understand the second question.
     

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