H1b and ead simultaneously. I want to quit my current job.

H1b and ead simultaneously Also filed extension for both my spouse L1A and L2. Generally, an H4 EAD provides more flexibility and opportunities, but the caveat is that it's entirely dependent on the H1B holder's status. Question 1: will my H-1B and her H-4 be approved at the same time? Now, her Employment Authorization Document (EAD) is about to expire as well. The ead and h4 will be close to each other but may come in after some time from H1B, maybe 15 days. USA Employment Based Trackers Hello, I currently have my H1B approved and stamped until April 2021. Since you are in your grace period after being laid off, filing for an H1B transfer can allow you to continue working without a Automatic extension for H4 and H1 just like GC EAD MEMO passed. File new H4 My husband(h1b) and I(h4EAD) were laid off and we filed I539 for change of status. Does premium processing apply to all three H1b, H4, and H4-EAD? 2. Principal Attorney at If I change the employer and start working on GC EAD and simultaneously starting the H1-B transfer, is that valid? So H1-B will be transferred probably after 6-7 weeks since the time I start working on GC EAD. The H4 EAD is only valid if your I-94 shows your status as H4. The H4 EAD application is completed using Form I-765, which includes personal details, immigration status, and the eligibility category (typically (c)(26) for H4 EAD applicants). When the project ended, I returned to India in late 2024. Same Company A applied for my GC process and I got EB2 EAD Approved now. Questions:-1. So I was wondering what should be my order of the next steps in order to get an extension and a new EAD card. Need advice on an H4 EAD start date issue. Quick Takeaways Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. Can I file H4 Extension and H4 EAD simultaneously? If yes, can I send both applications in one mail? and what supporting Coming to EAD, you can just file based on the documents you have and let the officer decide how long he wants to grant you the EAD for. Attorney at Robert Half Legal I am an H1b holder with an approved I-140. Legally its not the correct way to keep both H1 and H4 same time. My 6th year on H1B ends later this year. It is possible that only the H1 will be adjudicated under Premium Processing, and the H4 and H4 EAD will be adjudicated in the normal queue. Question: Company "B" is asking me to do some work, which may or may not be full-time hours. I am changing employers and my new Employer is applying for my Visa Transfer and Extension(in Premium based on my approved Can I apply for both a Green Card and an H1B Visa simultaneously? Yes, you can apply for a Green Card and H1B visa at the same time. Another advantage of re-entering with H-1B status is that it will trigger Sec 245K protection, which essentially forgives you for previous status violations. Just wait for the H1B processing for now you will know if you are selected in ~2. I applied for my H1B extension along with my spouse’s H4 EAD application. They are also going to do her i140 in premium processing. My spouse is eligible for the H4 EAD under the category (c)(26) as I recently got my I-140 approved recently. However, continuing on H1b status with Company A. (This RFE was entirely the fault of the lawyer as they missed a few paychecks in the package. If your spouse is renewing their H1B soon, you can try to coordinate your H4 and EAD applications with that renewal, as some have found that combining these processes can result in faster approval. 380. From what I learned on reddit, if you happen to have both H1B and EAD on pending I-485 it's better to use H1B for employment because EAD would get terminated right away in a rare case of I-485 denial. S. in premium processing in Jan (this was hard financially along with the layoff, but glad I was able to maintain status) But USCIS has approved H4+H4 EAD with a validity start date sometime in Handling H-4 and H-4 EAD options can be complex due to inconsistencies in government procedures following a lawsuit settlement. There is a possibility that H4 EAD might get an RFE if you leave your current employer and they file for H1B withdrawal before H4 EAD is approved. Just w Dive into the H1B section for expert advice on this work visa. If your H1B visa is not expired and your status is valid, yes you can use that to re enter instead of the combo card (EAD and 131). there could be few days to week(s) gap and you will only be authorized to work once the Hi - Here’s our situation. No. Attorney Twenty eligible EAD categories can file Form I-765 concurrently with the Change of Status (COS) Form I-539. Just applying for them, or even just getting those approved, doesn't invalidate your H-1 status - that invalidation happens only if you use either the EAD or the AP, such as to exit and re-enter the US using the AP, or getting a new job and filling out an I-9 using the EAD, or by getting your DL extended using the EAD. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Show More. To avoid a break in employment, you might consider applying for H4 and EAD simultaneously once your H4 status is approved. Would applying for STEM OPT while simultaneously applying for H1B impact the H1B application? Thank you for your help! Share Add a Comment. + = , . This service allows the U. Work authorization for G-4 spouses is possible, but they must apply for an EAD from the United States Citizenship and Immigration Services (USCIS). Guillermo Senmartin. VFS agent asked for my dependents I797 even after insisting that we have always provided primary I797 in the past. Premium processing. I'm on H1B with I-140 currently being processed, and spouse is also on H1B, but wants to get H4 EAD as soon as my I-140 is approved. What I haven't been able to find out anywhere is how should I fill the relevant #WhatsHot Do H1B and H4 EAD get approved simultaneously? Why does this #Trackitt user have one but not the other? Chime in with your experience in this discussion - H1B Visa vs. . Good days for all Indians! Quote; Link to comment Share on other sites. However, _before_ my prospective company filed Or both H1B and H4 will be valid simultaneously, its only like once after getting the job we can terminate H4? JathinB March 31, 2016, 4:41pm 2. H1b Extension along with H4 & H4 EAD (Extension) was filed on Jan 18th in Premium processing was approved in Jan 30th, but H4 & H4 EAD are still pending. I am currently under the 60 days grace period. Browse by State: Alabama Alaska Arizona Arkansas California Colorado An individual on valid I-485 EAD can get paid simultaneously by each/both an H1B employer, as well as an non-H1-B, GC EAD employer. Wife’s h1b expires on Feb 3rd 2024. Browse More 1. for up to six years. We had Dropbox appointment for H1B and H4 at the same time (in India). I want to quit my current job. 5 months and can still apply for TPS if your H1B does not go through. But I may also land an employment offer in the next couple of weeks. (OPT expiring on 02/2016) to H4 and H4 EAD simultaneously. We mentioned then . My wife is on H4 status. because it was taken a year back. In general, H4 visa holders cannot work, but in 2015 DHS passed a rule that enables certain H4 Visa holders to work. Filed on March 29th 2024. Expert Mark. You can read H4 EAD – How to apply, Process, FAQs, if you want to To be eligible for the H4 EAD, the H1B visa holder must either (i) have an approved I-140 or (ii) USCIS has agreed to speed up the processing of H4 and H4 EAD applications by reviewing There is no official limit on how many Concurrent H1Bs you can hold simultaneously. If your H1B is approved ignore TPS. No, you can not work on both the H and EAD simultaneously. Not sure how much time USCIS will take after receiving RFE response? H1B was filed with premium processing with H4 and H4EAD forms included in the same package. H1B and EAD simultaneously? Thread starter pnayar; Start date Mar 31, 2004; P. Trackers . Work Visa. Toggle navigation. Especially looking for advantages of working on H4- EAD instead of going back to H1B Share Add a Comment. First off, Outstanding Researcher is an EB-1 category. After my maternity period, I am planning to find an employer who will transfer my visa back from H4 to H1B. EAD/Advance Parole; If this is your first visit, be sure to check out the FAQ by clicking the link above. So, its better to file a new H4 and H4 EAD with H1B transfer. So I concurrently filed my H4 + H4 EAD along with her H1b ext. Over 1M Users on Trackitt . 5d. Citizenship and Immigration Services’ (USCIS) adjudication policies for H-4 and L-2 I recently changed my status from J-1 to H1B through Premium Processing. It lets them work in the U. Here are my questions: by Emily Neumann, Attorney at Law. My new employer is going to file H1B for me in next 3-4 weeks By chatting and providing personal info, you understand Can I file my wife's H4 Visa and H4-EAD simultaneously and bundle all tree applications under premium processing? Answered by Franco Capriotti in 10 mins 1 year ago. For them they will get the passport with new Address. Franco Capriotti. Around mid-may, considering the urgency of the scenario, my husband’s(who has H1B and I-140 approved) firm applied for H4-EAD COS so I got an RFE for my H1B extension. So, question is: a. Meanwhile I got a job and my joining date is in a month, we also found an employer My husband on an H1B has his 140 filled which means I can go on H4 and eventually work on H4-EAD. My spouse’s employer is currently working on her PERM application. If H1B extension is submitted in premium processing, as per new rule (since 01/25/2023), H1B+H4+H4EAD will be processed together. Once you return there is an exception that will allow you to continue working for the same employee and allow your employer to file for I do not know anyone getting into trouble because they have an h1b petition and STEM OPT extension pending simultaneously. Meanwhile, have received an offer from Company B for a similar or better position to join on GC EAD. I am working for company A, which holds my H1B Visa. I read about this edukani settlement and this case did say presumably be appoved and was not clear. Maybe she misunderstood ur question. As required by our updated Community Guidelines, by posting content on Avvo, attorneys assert that their submissions are original and not generated by an automated tool, such as artificial intelligence (AI). USA Employment Based Trackers My case was this: Filed On jun 18 (both h1/h4&ead) Premium Approved: h1- jun26 h4-jun27 ead: jul13. My H1 Visa stamp is expired and to get a new stamping I would have to travel outside My main concern is the potential delay in renewing the EAD. My Spouse's H1B petition received a RFE with a due date of 2 Feb 4. What a coincidence, I got married around the same time, so they filed for H4 renewal + EAD as well. Smith has 25 years of successful U. Begin by filling out Form I-539 for H4 and Form I-765 for H4 EAD. ) 8. My spouse's I-140 just got approved. receipt date 5/3. My H1b just got extended and its valid until Sept 4 2026 which I haven't got stamped yet. Some possible reasons include: Running out of the non-employment period on the H1B visa Limitations on working with an H1B visa if it's sponsored by a non-profit organization Is it possible to hold h1b and EAD simultaneously for two different jobs respectively or is it a violation ? Immigration. Does Two Sigma sponsor for PERM GC? I don't have H1b, and I am on F1 visa. 3) Can my employer withdraw the H1B petition application, so I can start work as soon as I have my EAD? Thank you! Immigration Green cards Family-based green card Employment-based green cards Adjustment of immigration status US visas Immigrant visas Employment Authorization Document H-1B specialty occupation visa Employment Foreign and You can hold both an H4 EAD card and an H1B visa simultaneously, but you can only use one for employment in the USA at a time. 3. Post. Guys, Is it possible to get Security Clearance while on H1B or EAD? I did an interview with a company and they have couple of Government Contracts and most o. It's not recommended for those who have applied for H4 and H4 EAD separately. To apply for work authorization as a G-4 spouse H1B extension is when the beneficiary already has an H1B and they are applying to extend it and at the same time, they have an approved I-140 and want to file the H4 and the EAD. That would give Trump officials a head Proposal to allow H4 and H4 EAD under premium processing is already approved and published in the federal registar but due to USCIS constrains wont come until later half of 2024 or as early as 2025 H4 Premium Processing and as u/slow_start_1990 rightly mentioned filing H4 and H4 ead with H1 renewal under premium expedites it. Citizenship and Immigration Services (USCIS) typically processes changes of status to take effect immediately upon approval, meaning you can't request a specific future start date for the new status. Had spouse’s H4 and EAD bundled with my H1 PP. Do we need to provide my Green Card EAD details to employer for l H1B extension and can we have both GC EAD and H1B status ? Dallas, TX | 2 attorney answers. My new employer is going to file H1B for me in next 3-4 weeks Expert Answers on J2 to H1B, H1B and EAD Simultaneously, and More | JustAnswer 1) If I have a valid H1b (expires Dec 2024) and H1B visa stamp, can I work in a 2nd job or part time job using my EAD? What happens to my H1B in that case? Do I Customer: Can I work in h1b and I-485 EAD simultaneously. Now I need to get passports for my wife and jid. Answered by Expert Mark in 51 mins 1 week ago. Can we get H4+EAD under a month? My best option is to request my future employer not to file for an H1B visa transfer as it may conflict with the H4 application. Is this a safe thing to do? Do we have to undergo PERM for each? I'm already under the processed of being petitioned by my company and I am asking if they are willing to do Eb-3 for me H1B got approved but H4 EAD got RFE. Me and my spouse both have I140 Approved. During Trump’s government, USCIS added the H4 biometric requirement and started A person does not maintain H status by working on EAD, but may maintain H employment on EAD. 13 - “case was received” for all three cases. Though I was surprised to see that my wife’s I-539 application to change status got declined as by Oct we were in our home country. Still, his response is general in nature, as all the facts are Can I keep working on I-797/H1B(full-time) for an employer who filed AOS and take up another Full time job on GC EAD and work simultaneously? I don't have a H1b visa stamp as I'm using I-797 to work for the employer who has applied AOs. I am working on L2 EAD which is expiring soon. What should be my course of action for transitioning to h4 ead once we receive approved i140? Is there a way for me to avoid gap in employment? My company was filing for my H1B renewal in Premium Processing in march. Share. Submitting both applications simultaneously allows you to maintain work authorization through the H4-EAD during the processing period of your H1B change of status. I had no control over choosing the centers as everything was done by my employer but I am getting a bit worried if they'll be acted at the same time. My H1b application got approved by end of Oct 2018. Should I need to fill two DS-160 forms for my H1-B and my wife H4. We received physical EAD card within 25 days and my wife joined on her intended start date of may 6th. When your H4 and H4EAD gets approved you can switch to it for your I9. I have asked my employer to file H1B in premium, but seems like they are waiting for L2 to get approved and then file H1B premium. Hide company name. H1 extension + H4 extension and EAD in premium processing. L2+EAD and H1B simultaneously. No way to be certain. My spouse H1b visa is approved till 7/12/2022. Mr. This move Then the person may use the AP to enter and then work on either the H1B or the EAD and yet be able to file an H1B extension as long as the person is still working for the H1B- sponsoring employer. You can request the next company to activate your H1B if it’s still within validity. Am working for this company A on H1-B. Extension of H4 EAD upon H1B transfer/renewal Hi, My spouse recently has received H4-EAD, based on my H1B status + I140 approval(2012). Question: My H1 does not need to be extended, but my spouse’s H4 and/or H4 EAD do need to be renewed. Hello, My employer filed h1 ,h4 and h4 EAD in regular process And expedited in premium later Will this be approved together as intial process was concurrent filing. Will there be any issue if H-4 and H-4 EAD renewal and my H1B application is processed simultaneously? Will it matter which one gets approved first or last? 2. If you change jobs the new employer should apply for the H1B before you can work for them. However, after more than 80 days, these two cases are still pending approval. My wife had her H1b to H4 COS and H4- EAD filed with my H1B renewal’s premium processing. So, basically, I have : a. My spuse is working on J2 EAD. 7. Disclaimer . Disclaimer If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. I am currently not residing in the address as in my Indian Passport. To our luck or bad luck I would say, h4 & ead got approved within a month. It's probably a good idea to hold off filing I-485 until one of your I-140s is approved. Open comment sort options. We filed H1B extension along with H4 extension and H4 EAD renewal. When considering applying for H1B and green card simultaneously, it is crucial to navigate the legal landscape with caution. You cannot maintain more than one status simultaneously in the USA. I'm worried that if I don't get the renewal on time, I might face gaps in my employment. So, the employers will not come to know about the second job. Old. But, given that our country of birth is India, we are far from having our priority date current. 0 credits left. (Not a lawyer) In a previous article, we discussed the recent trend of individuals having their H-4 and EAD extensions being denied after traveling. While premium processing prioritizes the processing of the H1B transfer, the H4 EAD application is a separate and distinct application that must also be reviewed and approved by USCIS. Am I eligible for H4-EAD ? 2. I do not have an I-140. If I apply J2 thru my Wife and EAD simultaneously, can I work using my H1B until I get my EAD approved? 2. Also, his I140 is approved too. Unfortunately this means she is now on H4 and she has to stop working immediately. H4 EAD chances of RFE. Citizenship and Immigration Services (USCIS) to process their forms (I-539 for status extension and I-765 for work permits) faster when combined with a premium-processed H1B I Can I work on both EAD and H1B at the same time? Lawyers by Location . However, getting both approved Apply for the EAD and AP. Traveling back to Canada and entering again gives us both a Dear All , 1. Controversial. H4 EAD does not have a premium processing option but you can still get H4 EAD within a month if you file an H1B extension/transfer along with an H4 visa application and H4 EAD, all concurrently. Asked in Memphis, TN | Jan 6, 2022 | 2 answers. Initially, bundling H-1B premium processing with H-4 and H-4 EAD requests was agreed upon, but subsequent inconsistencies have caused uncertainty for applicants. You CAN file I-140 in both EB-1 EA and EB-1 OR categories simultaneously if you want. Login Signup. In my DS-160 form (H1-B) should I need to select MARRIED or SINGLE. Can H1B and EB-3 be filed at the same time? Self Post I recently read a post somewhere along my google search that an H1B and EB-3 can be filed simultaneously. So that she can switch to h4/ead when her h1 expires in Feb. Once you move from H1B to H4, your H1B is no longer active. If you intend you settle down there, EAD isn't a bad way to get on When your wife switched from H4 to F1 status by obtaining an F1 visa stamp, her H4 status effectively changed to F1 status. I am working on h1b with the current employer though i have used advance parole to enter USA. She will be applying for H4 and H4 EAD for the first time. My Spouse filed for an H1 extension based on his approved I-140 in premium processing and filled for H4 COS and H4 EAD concurrently in Nov 2018 asking for a change of status starting from 31 Jan 2019 for me 3. Ensure compliance with both job requirements and maintain separate employment eligibility for each. U. File the H1B transfer, H4 extension and EAD simultaneously in Sep 2021? OR. You can have both an H4 EAD card and an H1B at the same time but can only use one of them at a time for your employment in the USA. I already have the i-140 approved so she's eligible for H4 EAD. On January 19, 2023, the U. Sort by: Best. the only way that you could have had it premium processed was by submitting it along with H1B and making the H1 premium processed. Generally, it’s he best way to handle if you need the EAD to start sooner than the start date of the H-1B extension is to have the H-1B filed as a change in previously approved employment or an amendment with an immediate start date. HI, I’m on H1b for the 5th year and my H1b expires 8/19/20. I am currently in the same boat. must and should you have to apply for change of status in case if you would like to change the status. My wife and I are on H1B visas. H4 extension approval date was 5/15. My employer may not file Green Card and hence I was wanting to go on H4 EAD. Not sure why it would be any different for those My I-94 is valid until 26th August, 2024. The H1B is applied by an employer and is tied to the employer. Here are my questions: H1b is getting filed this month. Could some one please through some lite on this. Reply reply shaktiman2020 • No I haven't got approval yet. 10th May : H4 is still pending approval. H4 and EAD are not always expected to be approved at the same time i. Write FOR MARK to get my help! 35,002 satisfied customers. I know that if I get the I-140 approved, my wife can apply for H4 EAD. Now,I want to change from H1B visa to H4. What if is there any delay between J2 and EAD approvals? Can I work in those period using my H1B? 3. If this option is not available, i will anyways go-ahead an apply for H4/H4EAD. Before March 2019 the United States Citizenship and Immigration Services would adjudicate an H4 petition and the EAD application simultaneously as the H1B petition from the spouse. H4 EAD case status says that case was transferred to another office on 5/9. Discover the process, advantages, and disadvantages of transferring between these visas. I understand, since January 2023, under the Edakunni settlement, USCIS allows H1B dependents to apply for H4 and H4 EAD simultaneously with the H1B (I-129) petition. Could we file an H4 COS and H4 EAD jointly requesting for an effective date substantially far in time (like 4-6 months)? My naive brain is thinking that if USCIS approves the COS with the effective date in the Can you tell us if both h1 and h4 visa stamped simultaneously or did you face any issue Hi, I got my h4 dropbox(jan 30,2024) stamping prior to my husband h1b drop stamping (Feb 1,2024). Consult an immigration attorney for personalized advice. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio, TX San Jose, CA Seattle, WA. You may NOT use two statuses at the same time; you're either H No. Premium processing was also available and cut processing time down to 15 days. And then get H4 EAD (Husband has valid H1B and I-140). H4 EAD receipt not generated. Questions and answers for H1B visa application - detailed H1B visa application process and all required H1B visa forms, H1B Visa Questions, Questions and Answers for H1B Visa Application (EAD) for H-4 Spouse A: U. I have h1b visa with one employer and I-485 EAD for doing part time job with another employer at the same time. Therefore, I am applying for H4+EAD next week. I'll be applying for H1b extension in Jan 2024. You just need to file the H1B In the meantime, since the EAD extension was filed, you may not be eligible to work after the EAD expires on 11/02 unless it is renewed or an automatic extension applies. Date : 2003-12-08 Murthy is wrong. If the EAD job interferes with the H1B job I am working on h1b and recently received my EAD(i485), can I work for another employer on EAD and still keep my h1b? NO USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. You may not work on an H-4 visa but you could perhaps get 1. long story short, I filed my H4 and EAD extension with my souse's H1b extension as a bundle, with premium process. Yes, As a practical matter usually complete the H-1B first then file the immigrant petition immediately afterwards, ie a week later, but could be filed same day if both were completed and ready to file on the same day. I am pregnant and want to take a break. On L1B you cannot shift employer while being on L1B, you can shift only if you convert to H1. The H-4 and EAD will then be 1. Will there be any issue if H-4 and H-4 EAD renewal and my There is no guarantee that the USCIS will adjudicate the H1, H4 and H4 EAD at the same time. Along with my H1B application, I also filed for H4 and H4-EAD (which has an I-140). If the attorney files for H1b transfer in September 2021, can he: 1. I didn’t include photos with the package. Can I submit both DS-160 forms now before marriage when scheduling appointment. Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or; Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act For H1b holders, its so much more difficult since only a small fraction of employers will be willing to do H1 transfers. Top News. Appreciate anybody insight on th Company A has sponsored the GC and I485 is still pending approval, but have received the GC EAD. Category (c)(26), used to file for an H4 EAD, is one of them. In case the H1B RFE gets denied I still would have the H4 EAD. My last day of work was May 31st as my employer went out of business and had to close down the office. To be on the safer side we applied for COS h4 and Ead as it takes months to get approval. If your H1B extension, her change of status (COS) from F1 to H4, and her H4 EAD are all approved in premium processing, they would typically become effective from the date of approval, not July 2024. You may have to register before you can post: click the register link above to proceed. (Biden wants to allow for a TPS green card pathway, but we will see if that happens) 3. 485 is pending for nearly 2 years , so I also have an EAD which I have never used. 2. I renewed my h1 under PP and applied for Advice for using a TPS EAD while Holding Separate Nonimmigrant Status. 9th May : H1B approved and H4 EAD package delivered at Vermont premium processing center. Can I apply J2 and EAD simultaneously? I am in H1B now and working. Although my H1B visa was initially valid until 2024, it was extended and I now hold an approved H1B I-797 until 2027. H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. 1. So there is a one week employment overlap. If you can get a transfer as a manager, you'll be doing your spouse and yourself a huge favour. Tried EMMA as well as the Premium Processing center number, not helping. However, while I went through the lottery, my wife has a cap-exempt H1B and she has never gone through an H1B lottery. Please advice how can I make it work if I want to keep both GC EAD and H1-B until I get my family based green card. EAD purpose: The H1B Visa is like a special work pass for folks with expert skills in a specific field. Even if I am eligible and apply for H4 and EAD simultaneously, Can I continue to work without any gap in my emp Learn how to transfer from an H1B visa to a G4 visa. My employer has also filed H1B COS for me this year which is pending with USCIS. e. We are Yes, you can file for an H4-EAD while your H1B petition is pending. Yes, you can have two jobs simultaneously with an H-1B visa and a 485 EAD. Changing your status from H1B to H4 and obtaining an EAD with a future start date is challenging. Everything took 15 days for approval. although my h1 is in VT center and the h4+ead is in WAC CA center. Now my spouse received a 221g asking to provide primary I797 and visa copy, which is still under processing. We had her COS and H4 EAD effective start date in August 2024, however USCIS approved COS from 02/26/2024 and EAD to be 06/05/2024 ( alongside my H1B renewal date). EAD Request Forms. I would really appreciate if you or anyone else can answer my doubts. Active H1B with Company A valid for another 2years. Unless you want to take the risk of spending money on filing I-485, which will be denied if the underlying I-140 is denied. I have applied and got approval for COS from H4 EAD to H1B visa in March this year and got visa stamping done in my. I am on my H1b, I Just got my Second extension Valid until March 2018. The H1B approval (and the I94 attached to it) will serve as documentation. Get updates on cap news, application processes, and tips for employers and professionals. Our application is still pending. 9 - H1B “RFE response received”. USCIS has decided that, although two of the benefits of TPS are the ability to simultaneously hold a nonimmigrant status and the ability to obtain an EAD, holding and maintaining a nonimmigrant status is a limitation on a major benefit of TPS. Can I move to H4 and pause my H1B and look for a new job and move to H1B again? Can H4 be filled simultaneously and once approved does H1B get terminated or go on pause? We bundled h1b, h4 and h4 ead in h1b extension premium processing last week. Now my plan is to visit the US Embassy so that I can get my first H1b and my wife can obtain H4 visas stamped at the same time. We just received the EAD card, but the start date matches the old H1B expiration date (before the extension), instead of the H4-EAD application approval date. Question 2: should she enclose If you want to work both jobs at the same time, your only option is to use the EAD which will terminate your H-1B status. Also, you can’t file for H4 or EAD while outside the US. More sharing options Jabbawokeez. 24 - H1B case got an RFE, pp “clock was stopped”. Ensure all necessary documents and fees are included. Can we travel back to Canada during this time? EAD takes 5+ months now for H4 people. Below are my doubts 1. Is it legal to join Company B on GC EAD, while co Can you simultaneously have h4 EAD and H1b and choose which one to use for next employer? Because h4 EAD allows you to switch immediately. Our visa is getting expired on Jan 31,2024. Hi, was your spouse able to work during the period from June 27 to July 13? I’m currently going through the same process and want to avoid any breaks in employment. The other full time job will also be remote. While this Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:. So, I'll also have to apply for an H4 extension. @Sucker mama ee time lo h1 transfer esthe extension kuda ithada simultaneously ga or ma vadu last date ichindu Jan 15, extension due If you or your company needs to be in US before 01-Oct-2013, they will file an L1B/L1A for you. This will help you to get a valid visa status which allows you to stay in the U. Open comment sort options This is true even if STEM-OPT isn't adjudicated in time as applying for it extends your OPT EAD by 180 days while STEM-OPT is pending. I am on H1b with approved I140 and H1 maxing out on 27-April-2018 (I am still within 6 years and my H1 has not been extended beyond 6 years based on I140). No, but since you are in California, you can maintain your H-1B H1B will be processed first then ead followed by H4. Eligible for Employment Authorization Document (EAD), if the principal worker’s H-1B status has extended beyond 6 years, or if Form I-140 is approved: Travel and return using H-1B documents or using Advance Parole if Form I-485 is pending and associated Form I-131 has been approved and remains valid: H4 and H4-EAD does not have any premium processing. Applying for H4 and H4 EAD simultaneously is possible. To start viewing messages, select the forum that you want to visit from the selection below. If you have a travel plan coming up then use that and get your I-94 updated and then file EAD. pnayar Registered Users (C) Mar 31, 2004 #1 Hi, Needless to say, if you decide to use EAD at that point again, your H1 goes to sleep again. My wife will be starting her new job in July 2022. Reply. EAD is like a permission slip to work in the U. Pick Discover expert answers to your questions about working on H1B and EAD simultaneously, including second jobs, job transitions, and maintaining H1B status. EB2 EAD Approved for 1 year. Both of us are Canadians. Should I apply for an EAD first and then an H4 extension next month? Then apply for an EAD extension again before the first I94 expires ? Currently, H4 visa holders (spouses and dependents of H1B workers) benefit from premium processing if they file their application with the H1B application. I just wanted to know the median timeline and processing time for each of the steps of the GC procedure till the I-140. Hello, My company applied my h1b and h4 (i-539) extension in premium. My H1B status will remain valid even if I use my EAD for another company, as long as the EAD job doesn't interfere with the H1B hours. Anyone had similar situation and how to deal with it. My questions are as follows 1. Will there be any issue if H-4 and H-4 EAD renewal and my H1B application (consular processing) is processed simultaneously? Will it matter which one gets approved first or last? 3. They didn’t send a separate receipt or status for my h4 and h4 ead application. Can H-1B Visa Holders Apply for Will schedule one appointment for both my H1-B and my wife H4 visa stamping. If the adjustment application is denied, based on an earlier status violation or another eligibility ground, the EAD and AP will be automatically terminated, and you will need to leave the US. I will be getting my H1B approved this October and my employer is willing to start the GC process from day 1 under EB2 category. Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. In your case, you don’t have an H1B or an I-140 yet so you can’t do all three at once. L2 EAD & H1B simultaneously . I work for an Indian consultancy company and previously held an H1B visa for a US project from 2023 to 2024. Supporting documents, such as the H4 visa, evidence of the H1B holder’s approved I-140, and proof of eligibility under AC21, must accompany the form. You can file H4+H4EAD (new or extension) along with your spouse's H1B I797 extension. If one of you has an approved In a legal settlement USCIS has agreed to reinstate its procedure to "bundle" and review concurrently spouses' H-4/EAD and L-2/EAD applications when such applications are filed concurrently with an underlying I-129 petition Change your visa status from H-1B to H-4 if you have a spouse with an H1 visa. We have approved EB2 I-140 with priority dates in 2016 (me) and 2020 (my wife). My h1b is approved couple of days back but yet there is no status update on my wife's h. I’ve been applying to h1b lotteries but haven’t had any luck so far. The automatic 540-day extension rule only applies if the EAD is based on an H4 EAD renewal and the H4 is valid, so this might not help if your H4 remains pending. One cannot maintain H1B and EAD status at the same time. Laid Off - Can I Move to My Home Country and Come Back? After 2 Months? 3 Years? 6 Years? Can I Get a Remote Job in the USA and Work from India? EB-1 Retrogr My spuse is working on J2 EAD. The Biden administration’s proposed H-1B rule contains a restriction on specialty occupations identical to a measure in the Trump 2020 interim final rule. The H-1B allows employment with a specific employer, while the 485 EAD provides broader work authorization. I received the approval within one week of filing. Related Posts. Lawyer Esquire. Now I have another\second job offer (90% work will be remote) from company One can apply for H4 COS and H4 EAD simultaneously with the H1 spouse approved I-140. Citizenship and Immigration Services (USCIS) has announced that after May 26, 2015, Employment Authorization (EAD) will be . H4 application has your latest I-94 information (which changes the moment you step out of the US. If possible want to concurrently file all together and reduce the wait for H4-EAD. Is there any possibilities to reject EAD? You do not get a EAD on H1B. PATH caps198 Oct 7, 2024. 1 5 145. As my wife's H1 didn't get picked in the lottery and we want to move her over to H4 and apply for H4 EAD simultaneously. I am currently on H1B, completing my 6th year on 30 Jan 2019. Posted December 25, 2024. Dependents of H1B visa holders who want to I don't think so. When my H1B RFE is responded can i simultaneously apply for an H4/H4EAD using my Spouse I140 with a future date as a backup. H1B and H4 EAD Timeline . When COS from H1B to H-4 status and EAD, will the H1B status be lost on approval of H4 or after approval of both H4 and EAD? Just in case, my H-4 COS is denied, what is my option? Can i start a side business as well There is no start date field on the I-765 and you can only list a specific start date on the I-539 if it’s a change of status. Planning to get family once approved. In my company they file H1b with my Passport Address. I want to apply H1b to H4COS+H4EAD simultaneously. Working on H1B and EAD simultaneously for 2 weeks. However, I would like to enquire if I plan to change the employer. H1b got approved within a week, but no progress on H4 and EAD cases after a month. My old H1b is stamped which has end date on passport as Sept 30 2023 and same is the validity for my current I-94. New. I would advice to submit the request of extension as soon as possible, wait for USCIS to confirm that they have received it and then later submit the h1b H1/EAD is one thing but the green card processing is another devious trap. Also, if you do terminate employment with your H1 sponsoring employer, you loose H1 status irrespective of your use of EAD. Over 1M Trackitt Users. However, my passport only has an H1B stamp valid until 2024. Is there a chance to get both of them approved at the same time? Since I’m working on H1b It is possible to have two applications in process simultaneously: an H1B transfer and a change of status to H4 with an EAD application. Best. This means that even if the H1B transfer is approved within 15 days, the H4 EAD application may take longer to process. I am assuming your should get it till H1B expiration date but may be until I-94. Sent request letter to link the EAD application with H1B application as it was clerical mistake. On H1 you can transfer your H1 to any other company, L1 dependents on L2 can work by getting an EAD, H1 dependents on H4 cannot work. We just applied for her EAD (that includes the latest I-94 copy to show her H4 status and my H1b status). If both the H1B and H4-EAD are approved, the H1B status will take precedence. However, I've received my EAD + AP combo card, and I am contemplating whether I should start working using the EAD. (Unless your spouse is anyway going via the EB1 route) Overall, your answer depends on your long term plan. AFAIK, H1b holders who can't find a new job within the grace period either Transfer to B1/B1 status or 2) Leave US and go back to home country or 3) Find a staffing company/consultancy. Lawyer says my husband’s application is approved and they received the email. Submitting them together can streamline 8th May : Refiled same H4 EAD application with required fee. Customer: Hi experts, I have accepted a new position effective Dec 9, 2024 on Green card based EAD but my current employer wants me to work for them till Dec 13,2024. It's not tied to a specific job Yes, If you decide to travel on advanced parole you run the risk of losing your H1B status. Top. Will he have to file the H1B and H4 extension alone in Sep 2021 and file the EAD extension in Jan 2022 (6 months prior to expiry)? OR. Retaining the services of a knowledgeable immigration attorney is advisable to avoid File H4 and H4 EAD Applications Simultaneously: You can file the Form I-539 (Change of Status to H4) and Form I-765 (Application for Employment Authorization - H4 EAD) concurrently. The cap upper limit does not apply till 6 years if/when you change jobs as long as your There is no rush. Keep in mind, it’s only for a small subset of visas like H1, L1, K3/4 that you don’t need advanced parole for. Vermont, EAC. The Edakunni v. Hi All, Many posts are there but not in similar . Q&A. I am on H1B for 6+ years and have an approved I-140. Now attorney is saying she is technically on h4 and Ead as it is change of status. H1 got approved 5/14. b. You should consult with the immigration firm to ask more about this. H1B and EAD upvote Or you can apply this after your travel back to USA on H1B. Customer: Can I file H4 Extension and H4 EAD simultaneously? If yes, can I send both applications in one mail? and what supporting documents are required for both applications? My spouse filed My H1B to H4 EAD before my I94 expiry date (Aug 6) with the future start date 6th November and USCIS. Mayorkas, which restructures U. immigration law experience with cases just like yours. Avoid TPS for now if you have H1B option. And that unless you use EAD/AP for employment/travel/extending DL the H1B status remains valid. qyknjxj qpd ebpggl ueejh zrkdx boza ytoh erjsqqq lotln vdiwwdi