1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Perm Audit And H4 Ead

Discussion in 'H4 employment authorization' started by PoojaChauhan, Jun 8, 2015.

  1. PoojaChauhan

    PoojaChauhan New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Hi,

    I will appreciate if you can help me with the following query:

    Here are the facts regarding my husband's immigration status:

    Currently on H1B - already used 4 years 2 months of total 6 years
    Application for PERM - ETA Form 9089 - filed on September 21, 2014
    Case picked up for Audit review - March 16, 2015

    My immigration status:
    Currently working on OPT which will end on July 22, 2015
    H1B not picked in lottery

    My query is:
    What is the earliest time my husband can apply for my H4 EAD?

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If his petitioner file for an extension on or after September 21st, you may file for an H4 EAD as soon as the extension is granted.
     
  3. PoojaChauhan

    PoojaChauhan New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Appreciate your prompt response. One follow up question: By September 21, 2015, my husband would have used only 4 years and 6 months period of total 6 years. Does it mean, he can apply for extension one year 6 months ahead of time? Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    When your husband passes the one year make for his pending PERM, he becomes eligible for post-sixth year H1B extensions. For you to qualify for an H4 EAD, your husband must have an approved I-140 or receive an extension of stay based on (in this case) a PERM pending for more than a year. If they employer changes his job slightly and files an amendment, together with an extension request, you can qualify to apply for an H4 as soon as the extension is approved.
     
  5. PoojaChauhan

    PoojaChauhan New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron, Thanks. I think my query was not worded clearly. My question was: as of September 21, 2015, my husband would still have one year and six months remaining in his H1B visa. Why would USCIS accept his application for one year extension beyond 6 years when he still has over a period available under original visa.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Normally, you have to wait until you are within six months to apply for an extension. An amendment, however, is another matter. If they amend his petition, they can ask for more time when they file the amendment.
     
  7. PoojaChauhan

    PoojaChauhan New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    Thanks. I got your point. I was thinking that he can apply for my H4 EAD on September 21, 2015 based on the fact that 365 days have passed since his PERM was filed on September 21, 2014. But after discussion with you, I understand that he needs to first file his H1B - beyond 6 years extension on September 21, 2015 and only after that is approved, my H4 EAD application can be made. Hope my understanding is correct!
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It is.
     
  9. PoojaChauhan

    PoojaChauhan New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron, Thank you so much! Have a great day!
     

Share This Page