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Help! H4 Ead Application Question

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

  1. UChander

    UChander New Member

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    Thanks for the prompt response !!

    Following is from USCIS
    "A government-issued identification document with photo"

    • A copy of your last EAD (if any);
    • A copy of the biometric page of your passport;
    • A birth certificate with photo ID;
    • A visa issued by a foreign consulate; or
    • A national identity document with photo.

    Regarding Birth Certificate - It's in Hindi, Shall i send it as it is or translate it in English ?
     
  2. Kamakazee

    Kamakazee Super Moderator

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    You have biometric page of your passport right? That should be enough. You do not need to send Birth Certificate.
     
  3. UChander

    UChander New Member

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    Thanks Kamakazee !!
     
  4. divinewind

    divinewind New Member

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    Those who received your receipt in mail, do you have anything mentioned in the alien number column?

    For me the Alien number column is blank although I submitted a copy of my I797 which had an alien number on the notice.
    We stopped receiving the paper I94's when we enter the country. Should I be concerned or do anything ?
     
  5. pdevarapu

    pdevarapu Junior Member

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    Hi Ron

    I know you have said to Answer 'Yes' in the case of a previous H1 was approved and the H4 spouse was on H1 for a period of time. In our case, The H1 was denied due to client letter. and also we were not given the I-129 documentation by the employer. Adding another complication to the story is that the Employer was investigated for Visa Fraud a couple of years after the H1 was denied, He was Jailed for a period of time and now I understand he has made a deal to leave the country voluntarily. If I answer Q11 as YES, I do not have a way to produce the 1-129 or the denial notice. What do I do in this case?

    Thanks in advance
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with a lawyer.
     
  7. visaq1

    visaq1 New Member

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    Hello,

    I'm currently on 9th year H1B and After completing 5.5 years with my old company, I moved to a new company which got my H1B extended for 3 years based on approved I-140 filed by old company, a couple of years ago. 3 Months after I got this extension, my I-140 was withdrawn by my old company. Now my new company has filed a new PERM. Would my spouse still be eligible for EAD based on the fact that my visa was extended post 6 year limit based on approved I-140 at that time, but it was extended under the section of 104(c) of AC 21?
    OR should I still wait until I get a new approved I-140, because H4EAD rule says that you should either have approved I140 or have your Visa extended post 6 years under sections of 106(a) and (b) of AC 21? Since my visa was extended for 3 years post 6 years with an approved I140, it comes under 104(c), because it is not in the increment of one year.
    OR Can I file I765 as soon as the new I-140 is filed after my PERM is approved?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that she can file based on the fact that you received a post sixth year extension.
     
  9. visaq1

    visaq1 New Member

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    But the extension was issued under the section 104(c). Is it not an issue? because the rule says that the visa should have been extended under sections of 106(a) and (b) of AC 21. That is why I'm little confused.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I understand, but I still believe that she is eligible.
     
  11. visaq1

    visaq1 New Member

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    Thanks for your response, Ron!
     
  12. msp

    msp Junior Member

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    Ron,

    I was with employer A with approved I -140. I applied I -485 . got EAD. unfortunately 140 was revoked by uscis and 485 also denied. I moved to
    employer B and my I -140 is approved. Now I am in 8 th year of my H1.

    According to H4 EAD rule , is my spouse eligible to apply for EAD? is there any problem from the old I -140 denial ?

    In form I -765, fro Qn 11. Do I need to specify that my previous EAD was denied and attach all the denial documents?
    Will it make any impact for processing H4 EAD?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, that's irrelevant.
     
  14. msp

    msp Junior Member

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    Ron, Thanks for your response.

    For Qn 11. Have you ever before applied for employment authorization from USCIS?

    As it is irrevelant, Can I check 'NO'? or check 'Yes' and given the details.
     
    Last edited: Jun 19, 2015
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Check yes and give the details, but don't worry about it.
     
  16. ve123

    ve123 New Member

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    HI RON,

    I have question,my wife filling for H4 EAD,Currently she is on H1-B.

    We are filing both applications H4 with i539 and H4-EAD with I765

    my question is where we have to send both application? do we need to send together or not
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, send them together. Use the address for the I-539 filing.
     
    ve123 likes this.
  18. ve123

    ve123 New Member

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    Thank you Ron .I am sending to
    USCIS
    Attn: H4
    1820 E. Skyharbor Circle S
    Suite 100
    Phoenix, AZ 85034
     
  19. msp

    msp Junior Member

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    Thanks Ron...
     

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