H4 Ead Approved Before H4 Cos

H1 to H4 COS and EAD Posted: 25 Jul 2019. Say if I file for h1 COS and it gets denied, will H1 extension still be in progress or should I leave the country immediately. If H4 EAD has been approved, then H4 approval is on the way too in 2-3 days. Non-Immigrant Visa This forum is for asking questions from Immigration Attorney. If you submitted your I-539 without an I-765, then you will need to wait for a decision on your I-539 before applying for an EAD. So your pending. COS from F1 OPT to H4/H4-EAD If this is your first visit, be sure to check out the FAQ by clicking the link above. Now that i am a US citizen, is that H4-EAD considered valid? Can my spouse look for work opportunities using the H4-EAD? Besides, am also planning to sponsor GC-EAD, it would be a COS pending till the time it gets approved. Learn more about H-4 EAD and what you need to have in order to apply in this post. A: Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. File H1B transfer or H4, F1 COS to stay in US before the denial. Once you are on H4 status, you cannot legally work in US unless your H4 EAD has been approved too. My H1-> H4 change of status is already approved (was approved last year) based on US clerk office's marriage certificate in US. Called USCIS vermont center and they said i can't raise a SR for EAD as i need to have COS H4 approval first. Received at vermont on 27th. H1B Processing Time USCIS H1B Processing Time. How long does Change of Status (COS) take to process? If just the COS is filed, then it takes few months to one year process, there is no specific timeline define. I had to change job right away and another h4 along with my H1b transfer was also applied through my new employer B on Jan 25th. Let say I delay my wife's travel and instead of December 7, she goes to India on January 5,2016. I came to know through an Attorney abt the current waiting time for H4 which is 6 to 8 months. One photograph: 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. The approximate time for the H4 change of status approval is around 2 to 3 months (processing time) and H4 EAD around 2 to 4 weeks. A recent survey of over 10,000 respondents concluded that they have had nothing but a positive influence over the US economy. Hi, I am currently working on H4 EAD and my I-94 is valid until October this year. Current H4 EAD, L2 EAD processing times Vermont, Texas Truvisa. When EAD for H4 Rule is implemented, then your spouse would have to wait till your I-140 from your new employer is approved by USCIS. Do I qualify for the H4 EAD Program? Not all those who have an H-4 visa and are dependents of H-1B visa holders are eligible to apply for an EAD. having EAD does not mean one must work. If your spouse has not reached 6 years extension and the employer revokes the I-140 before your H4 EAD is approved, the H4 visa holder will not get an H4 EAD. If I apply to H4 EAD along with COS to H4 will I have break in work? Will COS TO H4 and H4 EAD processed at same time or one after the other? If one after the other then I can not work once H4 is approved but H4 EAD is still in process. H4 EAD approved on 11th June. Submitted by Chief Editor on Sep 24th 2019. In my scenario, H4 person is going to Canada and H1 person remains in US. You will have to change your I-9 and inform your employer that you no longer have H1B. if my COS gets approved before my H4 EAD, would i be still be continue work? will applying COS and H4 EAD simultaneously will affect the approval process, will it take longer?. We are thinking to apply for H4 EAD which as per his employer can take 4 months to get approved. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. Because, your employer would need it for adding you to their payroll, doing back ground verification etc. Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. H4 EAD cannot be approved before H4 cos is approved. Current H4 EAD, L2 EAD processing times Vermont, Texas Truvisa. The Shah Peerally Law Group is a leading full-service immigration law firm headquartered in Newark, California (formerly in Fremont, California), in the heart of the San Francisco Bay Area. If I start working with the same employer (past h1, 485 sponsor), does using EAD cancel my h4 status? If my 485 is denied 6 months later, where does that leave me?. H4 Visa EAD Application Process Effective May 26, 2015, the new EAD for H4 rule allows eligible H4 dependent spouses of H1B visa holders to apply for H4 visa EAD, Employment Authorization Document. Fort those companies who are not aware of the I-9 it is advisable for the candidates to carry the form at the time of interview. Called USCIS vermont center and they said i can't raise a SR for EAD as i need to have COS H4 approval first. can be a vital step in your immigration journey. Hi, I am currently working on OPT EAD which is valid till Jan 2016. Immigration folks assuming that Case will be looked at immediately as it is being filed as an RFE to EAD. Processing of the I-765 application can take up to 120 days, so even after the new rule is approved and implemented, it will be a few more months before an H-4 spouse gets authorization to work in the United States. H4 to F1 Visa Approved | H4 dependent to F1 Student Msinus. This will be filed in parallel with your EAD application. If H4 is approved before EAD, you must stop working. Companies who accept the OPT/EAD candidates their HR in the interview carry the I-9 form. Current H4 EAD, L2 EAD processing times Vermont, Texas Truvisa. My wife is on H4, but had US MBA degree. First Vermont H4 EAD approval after Biometric Case history: H1, H4 and H4 EAD sent on 26th with premium processing. Valid passport of each applicant. What do you think the timeline looks like? I understand they can file H4 COS and EAD application concurrently. Individuals in H-4 status may not begin employment until USCIS has approved the application and the EAD has been received by the applicant. Premium processing is not available for EAD applications. The Trump administration filed a motion for a 60-day period of program inactivity as it considered the H4 EAD program and responded to the case with its brief. A recent survey of over 10,000 respondents concluded that they have had nothing but a positive influence over the US economy. H4 Visa EAD: Can You Work on an H4 Visa. After approval of your application, your H4 visa will get converted into an H4 EAD visa. Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U. Once H1B COS gets approved, she can start working. 7150), which aims to protect H4 EAD workers from having their work permits revoked, but the likelihood of the Resolution becoming law is very low at this time, even with a Democratic majority in Congress. Will H4 EAD be valid after DHS Termination? Existing H4 EAD cards will remain valid after revocation. EAD is also known as work permit without which no foreigner residing in the United States can be allowed to work. I am currently on my STEM OPT and I am working. She has to go out of country to change the status back to H4 if you want. Hello, I am planning to apply F1 OPT -->H4 EAD for my wife. For example, H1 to H4 EAD applications can be concurrently applied. I am currently on my STEM OPT and I am working. So file a H4 (COS) and H4 EAD for a future activation date (11/1/2018) concurrently with my H1B extension in premium processing, once I have my I-140 approved. EAD approved Folks, The information and cover letters were very helpful. IMPORTANT DISCLAIMER: -----By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:. USCIS Giveth and USCIS Taketh Away in the H-1B Category (But Mostly Taketh) By Greg Siskind On May 22, 2015 · 17 Comments On May 26th, USCIS will start accepting employment authorization document applications for H-4 spouses who are married to H-1Bs with approved I-140 petitions. In the mean while another employer applied for my H1 visa (with COS) which got approved on 21st July 2014 while H4 extension got approved on 5 Aug 2014. His petition will be approved with "Consular Notification", i. F-1 Student Travel Request Form Purpose. If it is that H4-EAD is in a position to be renewed, then the employee should ensure that the application is filed with USCIS at least 100 days before the expiry date of the current one. To be able to work, an H4 visa holder must first apply for and be approved for an Employment Authorization Document (EAD). if i apply for COS from H1 to H4 and H4 EAD (under H4 EAD category 2), and. That is exactly what we did when my wife's F1 OPT was expiring. Just wondering if I apply for Change of Status to H4 and H4 EAD together in May, will I have to stop working till the time H4 EAD will be approved or can I continue working on OPT EAD?. Now I am thinking of travelling to India as I might be changing jobs. 7150), which aims to protect H4 EAD workers from having their work permits revoked, but the likelihood of the Resolution becoming law is very low at this time, even with a Democratic majority in Congress. I consulted my attorney and this is what they said, when USCIS picks up my H4 EAD application for processing, they see that there is also a pending H4. Individuals in H-4 status may not begin employment until USCIS has approved the application and the EAD has been received by the applicant. A recent survey of over 10,000 respondents concluded that they have had nothing but a positive influence over the US economy. Thank you for the clear and detailed answer! I have a couple of follow up questions: 1) I understand that once the H4 COS is approved, I would need to stop working immediately. My H1B expires before my H1B extension. However, the current approved I140 only confirms your priority date, the date when your application becomes current. The approval notices received by the Murthy Law Firm were for EAD requests filed by individuals who held H-4 status at the time of filing. H4 Biometrics + EAD, Approval Samples - redbus2us. USCIS is actively processing H4-EAD applications within 2-3 months. Even if her H4 EAD gets approved, it does not matter, her current status will be H1B as you are fillign her h4 to H1 COS. e jan 2017), Will I be eligible to work with my OPT authorization till Jan 2017? 3)What are processing timelines for change of status from F1-H4-H4 EAD. Although H4 dependents may attend school in the US and even work in the US as per the new H4 EAD rule, there may be other reasons for which these dependents seek H4 to H1B change of status. My COS is approved and I have already received my EAD card. I also have a previous H1B petition for which any employer can do a COS from H4 to H1B as and when I get a project. Can anyone clarify if in case H4 gets approved before withdrawal letter is sent , what will be my status? what should i do in this scenario?. H4 EAD Tracker USCIS. I know this year too there is going to be plenty of RFEs so I'm not hoping my spouse's H1B application to be approved before 10/1. And along with the EAD application, the rule also lets people on other visas to apply Change Of Status (COS) to H4 visa. The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. We both got our EAD's AP's and FP's done. How may the new law, which is in the final phases of approval, affect international student-athletes? Foreign students enter the United States on F-1 student visas. Note that once your husband's H4 application is approved, he can no longer be employed unless he has EAD, and it is anticipated that the EAD will be issued only when the H4 application is approved. You can apply for new H4-EAD and H4-EAD renewals at this time. H4 Dependent Visa Work Permit rule Background. Best Answer: Well, if your sister just filed the I-130, it will take quite a while before it becomes valid for use, over 10 years, so you can't get an immigrant visa any time soon or an EAD. 03/07/2017 -My H1 ext + Spouse H4 EAD Card ordered 03/08/2017 - Mailed approval notice and Spouse H4 Ext approved 03/09/2017 - H4 EAD case approved 03/12/2017 - Received H4 approval notice 03/13/2017 - Card mailed 03/16/2017 - Card received Also received C26 approval before the card, don't remember the date. But if she uses her L1 to enter US, she would be in L1 status and cannot use the EAD unless a L1 to H4 COS is approved. See the complete profile on LinkedIn and discover Priya’s. 2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. If I apply for H4 COS and EAD concurrently on Aug 15th , can I work till H4 approval i. Today, my spouse's H4-EAD got approved and USCIS mailed the EAD. H4 EAD approved on 11th June. Hello, I need help understanding F1 visa procedure. 03/07/2017 -My H1 ext + Spouse H4 EAD Card ordered 03/08/2017 - Mailed approval notice and Spouse H4 Ext approved 03/09/2017 - H4 EAD case approved 03/12/2017 - Received H4 approval notice 03/13/2017 - Card mailed 03/16/2017 - Card received Also received C26 approval before the card, don't remember the date. My husband is on H1B, he has applied for Green Card and got his I 140 approved. If his/her H1B visa spouse has status lasting longer than 6 years under the AC21 Act. How long does Change of Status (COS) take to process? If just the COS is filed, then it takes few months to one year process, there is no specific timeline define. You will obtain H4 visa either with spouses H1-B approval (or with H4 approval if approved before departure) and enter US with that visa and same paperwork. Fort those companies who are not aware of the I-9 it is advisable for the candidates to carry the form at the time of interview. IMPORTANT DISCLAIMER: -----By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:. H4 visa holders are dependents of H1B Visa holders. H-4 Dependent Spouses excerpt from USCIS Am I eligible for employment authorization if USCIS rev. They cannot issue the H4 EAD before USCIS approved her H4. And along with the EAD application, the rule also lets people on other visas to apply Change Of Status (COS) to H4 visa. What happens now at H4 stamping? Should I travel only after 11/25 or is it fine to travel before and get a H4 stamping and then I can use the H4 EAD effective 11/25. My OPT is valid till Jan, 2016. I do note that the Trump administration is attempting to undo the right to EAD for certain H-4 individuals, and hopefully such would still be available at the time of your wife’s application. In order to apply the H4 dependent must have a spouse who either has: A. After approval of your application, your H4 visa will get converted into an H4 EAD visa. Hello, I am on H4 visa and recently got EAD approval notice. It's far easier for the bureaucracy to implement a slash and burn strategy with 'rules' which don't need Congress approval. Is COS approval to H4 and H4 stamping different or how does it work? Thanks for your help. can be a vital step in your immigration journey. An H1-B holder who has an approved I - 140, can sponsor their spouses for EAD. Once H1B COS gets approved, she can start working. H4EAD is still valid as long as h1/h4 is valid, no need to transfer/reapply. Our job as a public benefit company is to help petitions like this one fight back and get heard. Or does the H-4 EAD needs to be absolutely approved before she can travel? She has plans of travelling to India from Jan 5,2016 to March 30,2016. H4 to F1 Visa Approved | H4 dependent to F1 Student Msinus. Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U. Answer: Every time the H-1 holder changes  job, the H-4 holder does not need to re -apply for H-4. White house is about to approve Work Authorization rule for H4 Dependent Visa holders. Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. 2)If my Status gets changed to H4 before my F1-OPT expires(i. You may have to register before you can post: click the register link above to proceed. Denials without RFE's starting September 11 CAP Gap Status can they work after September 30tm 2018 CPT after OPT issues related to change of status. 4) will I be in valid status and continue working with my current employer while the H4& EAD is in progress? Yes, 6) is it mandatory to leave my current employer from the day my H4 & EAD is approved? If both are approved together you can work as long as EAD is valid. e jan 2017), Will I be eligible to work with my OPT authorization till Jan 2017? 3)What are processing timelines for change of status from F1-H4-H4 EAD. For everybody else on an H4 visa before 2015, paid work was out of question. We've I485 pending. I am currently on my STEM OPT and I am working. How Long Does it Take to Get H4 EAD Approval Hi, My 6th year H-1B visa expires on January 5,2015. Just wondering if I apply for Change of Status to H4 and H4 EAD together in May, will I have to stop working till the time H4 EAD will be approved or can I continue working on OPT EAD?. H4 EAD news: April 2017. How long does Change of Status (COS) take to process? If just the COS is filed, then it takes few months to one year process, there is no specific timeline define. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. H1-H4 COS, and H4 EAD applications were accepted on 11/30/2017. If his/her H1B visa spouse has status lasting longer than 6 years under the AC21 Act. When we track online we see that H4-EAD is approved but. Please consult one. Note that the H4 EAD was born of a rule making process and it is not hard coded via legislation, unlike the H1B. She has to go out of country to change the status back to H4 if you want. The Trump administration requested an additional 180 abeyance to consider its position before submitting its opinion on the H4 EAD lawsuit. It is possible that H4 EAD approval takes 1 day to 2 months time after your H4 COS is approved. As of the writing of this update in January, 2018, this rule is being considered for removal, which would make it impossible for the spouses of H-1B holders to gain employment. If you are okay with H4 EAD, then go out and get H4 visa. Longer Processing Time if COS to H-4 with EAD. What happens now at H4 stamping? Should I travel only after 11/25 or is it fine to travel before and get a H4 stamping and then I can use the H4 EAD effective 11/25. We track various forums and then share the best H1b case approval dates here: AM22 Tech Current H1B Processing Times 2019 - Nebraska, California, Vermont - AM22 Tech California H1B new 366 days, H1B cos 366 days, H1B extension 366 days, H1B amendment 366 days, H1B. H4 EAD news: April 2017. I am currently on H4 and my spouse recently got his I140 approved. In order to avoid interruptions in H-4 employment authorization, file the Form I-765 for extension of employment authorization prior to the EAD expiration date (no more than 180 days in advance) so that the extension application is approved before the expiration of the current grant of authorization. If you were on H-1 and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. All 3 receipt notice dates 28th. So, for the moment, you won't be able to get an EAD at home or in the US,. H1b to H4 COS: You can concurrently file a COS (I-539) along with EAD (I-765). The Trump administration filed a motion for a 60-day period of program inactivity as it considered the H4 EAD program and responded to the case with its. 1) is h4 approval date being a future date is a misprint ? I was under the assumption that h4 approval would be back dated to the expiration date OR H4 approval woud be receipt date OR H4 approval date 2) What are the options now ? Just FYI :We applied 485 on 07/24/2007. But if she uses her L1 to enter US, she would be in L1 status and cannot use the EAD unless a L1 to H4 COS is approved. My wife's H1 COS (H4 to H1) was approved in April (H1 start date Oct 1st)and I submitted her SSN application in June and got her SSN card in a few daysYou need to take your passport, original I-797 H1 approval with attached I-94, and filled in application formThey will check. The Shah Peerally Law Group is a leading full-service immigration law firm headquartered in Newark, California (formerly in Fremont, California), in the heart of the San Francisco Bay Area. We recommend using a of an H4 experience immigration lawyer to help. After approval of your application, your H4 visa will get converted into an H4 EAD visa. For the spouses of H-1B holders, being able to work in the U. I am on H-1B until March 2021 and I-140 approved My spouse is currently working on H4 EAD card and it is going to expire in Jan 2020. Documents Required for H4 Visa. Although H4 dependents may attend school in the US and even work in the US as per the new H4 EAD rule, there may be other reasons for which these dependents seek H4 to H1B change of status. H4EAD is still valid. I am planning for Divorce as i am emotionally abused by my husband. I need a EAD to start my fellowship. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019. Section A consists of mandatory H4 visa interview documents while section B consists of optional H4 visa stamping documents. But if she uses her L1 to enter US, she would be in L1 status and cannot use the EAD unless a L1 to H4 COS is approved. I cannot raise SR for COS H4 as the current processing dates for vermont center COC is November 2016. I am currently on H4 visa. Good luck! Carl Shusterman www. " What happens to H4 EAD if H1 (COS) gets approved while he is out of country?" 1. If one changes jobs through H1 transfer with an approved I140 (approved more than a year ago with current employer), is the dependent still immediately eligible for applying new H4 EAD or would we need to wait for the new I140? Is a new 140 required at all? Please do the needful and oblige. F-1 Student Travel Request Form Purpose. Note that once your husband's H4 application is approved, he can no longer be employed unless he has EAD, and it is anticipated that the EAD will be issued only when the H4 application is approved. Submitted by Chief Editor on Sep 24th 2019. And along with the EAD application, the rule also lets people on other visas to apply Change Of Status (COS) to H4 visa. In this article you will learn how to track your H4 EAD application. Hi, I am currently working on OPT EAD which is valid till Jan 2016. I found it only today even though I got the copy 3 months back. Is H4 Visa Stamping faster than H4 COS? The H4 stamping outside USA in US embassy using H1B approved i797 is fastest way to get H4. When to Apply Spouses in H-4 status who currently meet the eligibility criteria described above may file the Form I-765 with required supporting documents (as outlined by USCIS) as early as May 26, 2015. But would there be a gap in job between H4 COS approval and EAD of 90 days? Please advise. Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. Why courts will reinstate H4 EAD, if Trump administration revokes it. If you were on H-1 and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. If you have a H4 Change of Status (COS) and traveling, please read this. @leantass: this isn't accurate. H4 status is still pending. On December 21, California Congresswomen Eshoo and Lofgren introduced the “H-4 Employment Protection Act of 2018” (H. I know Many of you are waiting on this rule to get approved, including me. When we track online we see that H4-EAD is approved but. As you said, it can be a couple of years from now, before your I-140 will be approved. His petition will be approved with "Consular Notification", i. Since the EAD cannot be approved until the H4 status is approved, the EAD may be put on hold until the H-4 is approved. Submitted by Chief Editor on Sep 24th 2019. Re traveling with a second wife to appear their approval did a around the corner. To work in the US, you must first apply for an employment authorization document. I suggest to wait till you get your H4 COS approved as you need a valid H4 status before you can use your H4 EAD card. A person having H4 visa status is eligible for the EAD (employment authorization document): If his/her spouse has an approved I-140 (immigration petition for Green Card or Permanent Residency). Immigration folks assuming that Case will be looked at immediately as it is being filed as an RFE to EAD. It is possible that H4 EAD approval takes 1 day to 2 months time after your H4 COS is approved. 1 person got 221g , Expecting it to be Sevis Check, As his Extension was recently approved(1 month) back, Expecting it to clear in 1-3 days (Usual timeframe to clear Sevis Check). Once H1B COS gets approved, she can start working. He argued Ppsspp games his second wife to appear that will be accepted visitors to Thailand to. For the spouses of H-1B holders, being able to work in the U. Thus, if both an H-4 EAD application and a COS application to H-4 are pending when the applicant leaves the U. If your spouse is an H-1B nonimmigrant to the US and you are classified as an H-4 dependent spouse, you may be eligible to work. It does not matter if you are going to re-enter on H4 visa. Note that the H4 EAD was born of a rule making process and it is not hard coded via legislation, unlike the H1B. Will there be any problem in future, if we use this H4-EAD?. If you were on H-1 and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. A2A: If your current immigration status is not employment authorized, you may not apply or be issued an SSN until such time as your status with immigration is employment authorized. On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking employment-based lawful permanent resident status. If you are okay with H4 EAD, then go out and get H4 visa. Is H1 to H4 conversion and EAD approval a parallel process or Do I need to wait for H4 approval before I get my EAD approved? I am a physician working on H1B visa. Once COS and EAD are approved, your status will become H-4 and you can work for any employer using the EAD. If H4 EAD has been approved, then H4 approval is on the way too in 2-3 days. My employer is ready tofile my H1. F-1 Student Travel Request Form Purpose. Hello, I need help understanding F1 visa procedure. I found it only today even though I got the copy 3 months back. My wife is on H4, but had US MBA degree. Called USCIS vermont center and they said i can't raise a SR for EAD as i need to have COS H4 approval first. The Fair Pay to Play Act, California SB 206, would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. The same is actually true even when filing to extend the EAD after the initial approval. H1 to H4 COS and EAD Posted: 25 Jul 2019. We track various forums and then share the best H1b case approval dates here: AM22 Tech Current H1B Processing Times 2019 - Nebraska, California, Vermont - AM22 Tech California H1B new 366 days, H1B cos 366 days, H1B extension 366 days, H1B amendment 366 days, H1B. Confusion is because when it comes to online status updates, H4 EAD status update shows up first and then the H4 application status gets updated. Standard View; MARC View; Metadata; Usage Statistics. H1b to H4 COS: You can concurrently file a COS (I-539) along with EAD (I-765). The Shah Peerally Law Group PC who has been involved in all the aspects of the H4 EAD movement, is now proud to announce that the law firm has been getting a number of approvals on H4 change of status and H4 EADs. The Trump administration filed a motion for a 60-day period of program inactivity as it considered the H4 EAD program and responded to the case with its. This blog covers FAQs and H4 EAD updates on a daily basis. Good luck! Carl Shusterman www. USCIS will abandon your H4 COS application immediately as you step out of US and will also deny your H4 EAD application. If one changes jobs through H1 transfer with an approved I140 (approved more than a year ago with current employer), is the dependent still immediately eligible for applying new H4 EAD or would we need to wait for the new I140? Is a new 140 required at all? Please do the needful and oblige. I believe h4 status get approved before EAD, correct? Can you please share your experience here?. Is COS approval to H4 and H4 stamping different or how does it work? Thanks for your help. You may have to register before you can post: click the register link above to proceed. For this, you will need to apply and get approval for an Employment Authorization Document (EAD). The better option is to wait for H4 COS approval and then you can travel while H4 EAD is pending. Just wondering if I apply for Change of Status to H4 and H4 EAD together in May, will I have to stop working till the time H4 EAD will be approved or can I continue working on OPT EAD?. My wife currently working on H4 EAD which is valid till October 2020. Hence, it will take some months before the USCIS can finalize H4 EAD removal. However, the current approved I140 only confirms your priority date, the date when your application becomes current. H1 to H4 COS and EAD Posted: 25 Jul 2019. You can send in both the applications together and if you are lucky there is a chance that. If H4 EAD has been approved, then H4 approval is on the way too in 2-3 days. Wife continuing to work on her EAD, does she need to file another COS from H4 to h1 and use approved H1b? Can I apply for H1b extension for current employer and h1b transfer for future employer parallely? H1b with COS - want to know about processing details; H1b approved with COS and H4 approved from Aug -Sept 2014. H4 EAD Documents: Every registration process requires different types of documents to help identify or know the person in need better. If you change your job and start h1b visa transfer, you will get your visa approved for consular process. Yes it is possible to apply for the H4 EAD at the same time as applying for COS from H1B to H4. In this H-4 EAD FAQ series, we explore common questions regarding work permits for H-4 dependent spouses. H4EAD is still valid. “So when the H1B got approved, H-4 and H4-EAD. Apply 180 days before your current H4 EAD card expiry to get full 3 year validity. If the I-765 application is approved, the H-4 holder would receive an EAD valid for up to two years. Thus, if both an H-4 EAD application and a COS application to H-4 are pending when the applicant leaves the U. Received at vermont on 27th. H4 EAD will be approved after H1B approval. e even after Aug 19 if decision is not taken by uscis on h4 because. The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. EADs that are approved will be issued for “…a validity period that matches the H-4 spouse’s remaining authorized period of admission, which [generally] may be as long as three years…” USCIS Teleconference on Feb 26th to Discuss H-4 EAD Rule. , the COS request will be deemed abandoned; and, because the H-4 EAD application cannot be approved until the H-4 status is granted, the pending EAD application cannot be approved in this situation. You will obtain H4 visa either with spouses H1-B approval (or with H4 approval if approved before departure) and enter US with that visa and same paperwork. Once H1B COS gets approved, she can start working. Agreed I don't have a specific answer other than 180days if you are simply renewing EAD. So, many spouses on H1b visa want to take advantage of this COS. Can H4 visa Holders work in America ? Rules ? In general, H4 visa holders cannot work in US, unless they can get EAD( employment authorization document) as per H4 visa EAD rule. If your spouse is an H-1B nonimmigrant to the US and you are classified as an H-4 dependent spouse, you may be eligible to work. Nebraska Service Center (NSC) in our conference call this morning 13July2017, NSC confirmed that H4 status must be approved before an EAD may be extended. You can check USCIS website to see current processing times. Hi, I am currently working on H4 EAD and my I-94 is valid until October this year. If the COS is filed along with H1B with I-129 form, then it can also take anywhere from few weeks to few months to process. I want to know if I am in legal status and will my open H1B petition create any problem in my COS to H4?. Her current H-1B is valid till Jan 2020. Section A consists of mandatory H4 visa interview documents while section B consists of optional H4 visa stamping documents. Hi, I'm currently working on EAD & my husband is on H1. You will have to change your I-9 and inform your employer that you no longer have H1B. My OPT is valid till Jan, 2016. We track various forums and then share the best H1b case approval dates here: AM22 Tech Current H1B Processing Times 2019 - Nebraska, California, Vermont - AM22 Tech California H1B new 366 days, H1B cos 366 days, H1B extension 366 days, H1B amendment 366 days, H1B. Wife continuing to work on her EAD, does she need to file another COS from H4 to h1 and use approved H1b? Can I apply for H1b extension for current employer and h1b transfer for future employer parallely? H1b with COS - want to know about processing details; H1b approved with COS and H4 approved from Aug -Sept 2014. The H4 EAD visa status allows you to get some additional privileges and benefits, such as: You can work in a full time or part time job. Try to search for it. USCIS is actively processing H4-EAD applications within 2-3 months. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. I am just wondering when I would be eligible to apply for her H4 EAD renewal/extension? Not sure if its 120 days or 180 days or I can google but prefer to get an answer from someone who did it recently. waiting time between H4 and H4 EAD. My employer is ready tofile my H1. Hi, I am currently working on H4 EAD and my I-94 is valid until October this year. Pls advise: Will I be on valid status after H4 receipt notice from USCIS or will need to wait for approval before I leave my current h1b job to maintain valid status List of docu. Do you know any possible reason for this delay. COS from F1 OPT to H4/H4-EAD If this is your first visit, be sure to check out the FAQ by clicking the link above. So, many spouses on H1b visa want to take advantage of this COS. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. Until COS is approved, your status will remain H-1 and you can continue working for current employer. Or does the H-4 EAD needs to be absolutely approved before she can travel? She has plans of travelling to India from Jan 5,2016 to March 30,2016. And along with the EAD application, the rule also lets people on other visas to apply Change Of Status (COS) to H4 visa. On December 21, California Congresswomen Eshoo and Lofgren introduced the "H-4 Employment Protection Act of 2018" (H. The H4 EAD had come as a relief to all those who had applied for a green card, but in the meantime remained stuck in a years-long backlog — one that disproportionately affects Indian citizens. But I am yet to get mine. Hi, My DOB is printed wrong in my I-797. If his/her H1B visa spouse has status lasting longer than 6 years under the AC21 Act. A: Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. Topics discussed is how to move from H1 to H4 and H4 EAD and moving back to H1B. If the COS is filed along with H1B with I-129 form, then it can also take anywhere from few weeks to few months to process. If I apply to H4 EAD along with COS to H4 will I have break in work? Will COS TO H4 and H4 EAD processed at same time or one after the other? If one after the other then I can not work once H4 is approved but H4 EAD is still in process. My wife, who is on an H-1B, want to change her status to H4 and get the EAD based on my approved I-140. August 6, 2019 18:26:55 CDT Reply. waiting time between H4 and H4 EAD.