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Member Profile: kzs145 (20 posts)

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Hello, I'm kzs145 (report this user)
I am from India
I last logged in on 22 Dec 2017
I have been a member since 17 Oct 2013
I have added 20 posts in trackitt forums
I added my last post on 03 Apr 2015
kzs145's Immigration Cases
 
PERM case: Approved in 465 days (231 days more than average)   (0 comments)
User: kzs145 Nationality: India
Priority Date:12 May 2014Category:EB2
Audit Received?:yesAudit Received Date:10 Oct 2014
Reason for Audit:Random Audit - Documentation of interviews, Master's requirement justification, resumes of candidates who applied.Audit Replied Date:24 Oct 2014
Application Status:approvedApproval/Denial Date:20 Aug 2015
Total Processing Time:465 daysDays Elapsed:
Case Added to Tracker: 06 Jul 2015 Last Updated: 25 Aug 2015
Notes:

H4 EAD case: Approved in 85 days (17 days more than average)   (2 comments)
User: kzs145 Nationality: India
Application Type:new applicationService Center:Vermont
Filing Method:paper-basedApplication Filed:09 Jun 2015
USCIS Received Date:11 Jun 2015USCIS Notice Date:14 Jun 2015
USCIS Receipt Number:EAC1590697XXXRFE Received?:no
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:02 Sep 2015Card Production Ordered:
EAD Received:Total Processing Time:85 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: 06 Jul 2015 Last Updated: 03 Sep 2015
Notes: SR Raised on Sept 2. Approved on the same date.
kzs145's Posts
Posted in I-140 Forum on 03 Apr 2015
Topic: Obama EO: EAD for approved I 140

IV is working on putting together a comprehensive email in response to the feedback-request from USCIS. Since IV has been very influential in bringing reasonable fixes to the legal immigration system, if may not be a bad idea to wait for this before sending any emails to USCIS public engagement team.

SK.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

You can apply for EAD after his H1B extension is approved.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

1. Yes. As long as the extension beyond the 6 period has been approved, H4 is eligible for EAD. You don't have to wait until the 6 years are exhausted.

2. This question was asked during the conference. Initially USCIS indicated that there will be no travel restrictions. When someone asked the same question again, they mentioned that further guidelines will be posted on the rule in USCIS' website soon.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

They did not answer questions related to "EAD validity period" very clearly.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

Approved I-140 from previous employer is valid as long as it has not been withdrawn
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

It is frustrating to hear people asking case-specific questions despite USCIS' reminder again and again.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

I am assuming we will not have enough time to ask 15+ questions. Some of these questions are redundant and many of the questions have been answered in the publication document already.We should try to avoid many of the repetitive questions in the interest of saving time. I had a chance to read through the entire publication document and I am providing my opinions on some of these questions. I don't mean to undermine members' efforts but I think quality use of the time available during the teleconference is very important.

1. a) Rephrased - Taking in to account the job portability and the number of ppl who have changed jobs; Can the approved I140 thru previous employer be used to obtain H4 EAD? (Previous statement - Approved I-140 from previous employer and I-140 from current employer still in progress - Is the spouse eligible)

2. Can we apply for H4 and EAD in parallel, being in US and outside US?

3. Can we file for our SSN's based on this H4 EAD ruling now or do we have to wait until we file for our EAD and receive it in hand

4. H4 EAD validity? - This has been addressed in the publication (equal to validity of H1B visa holder's validity period)

5. What is spouse loses his job? Any grace period for H4 EAD? - Has been addressed in the publication - Having a job is NOT a requirement to apply or retain EAD

6. I have booked my ticket on May 27th to India,can I file on 26th and travel out of US. - This is same as Q2

7. As per the second requirement to be eligible to get work authorization, "H1-B visa holder (Spouse of H-4 visa holder) should have been granted H1-B status beyond the six-year limit"; Does it mean that the H1-B holder has to be working on H1-B visa for six years? - Has been addressed in publication - approved extension is the only requirement
OR, is it that even if you have not completed your H1-B 6 years limit but the I-797C or I-94 validity date should end beyond the Six year H1-B status limit?
Please let me know if the H-4 visa holder will be eligible to apply for work authorization in the latter scenario.

8. Would the EAD process get affected by change in employment of the primary visa holder with approved I-140, before or after EAD application? - Same as question 1

9. Can the H4 EAD processing could be expedited after the application submission. Is there any official explanations on if the H4 EAD will be qualified for the premium processing under any circumstances? - Has been addressed in publication already - No premium processing for H4 EAD

10. Have an approved I-140 with previous employer who is not ready to give a copy of it. What are the alternatives of getting the I-140 copy from USCIS?

11. Electronic application vs. paper application - Has been addressed in publication already - Electronic application not available yet.

12. Processing time- factors that may affect the processing times, if any

13. For ppl whose H1/H4 expires within this year and submit for renewal May/June:
We need to clarify if we should submit 2 EAD applications in order to cover few months remaining in our current H1/H4 and then one with renewal? Or if they will consider one EAD application with renewal and provide EAD from the date they approved EAD application until the approved renewal H1/H4 end date?

14. If they are planning for any dedicated set of people for this h4 ead processing alone - I am not sure if Leon will be able to answer this question

15. We can also ask about interim ead if they will allow it if the ead app not processed in the given timeframe

16. Can one file for ead if in india? Is it required to be in person here ? - Same as Q2

17. what happens if after getting h4 ead the h1b changes job n gc starts from scratch ?

18. would DACA EADs affect timelines or create any backlogs for h4 ead ? - similar to Q15

19. when h1b gets his ead due to dates being current or i140 ead rule then does h4 ead need to do any paperwork ? -This is an existing law - H4 gets EAD whtn H1B gets EAD.

20.while traveling after getting h4 ead if h1b needs stamping would h4 need it too inspite of having ead ?

21. Renewal of approved H4 EAD". For instance, in one year later, when first time H1b extension based on I140 approval has reached its end-term and Primary applicant is extending H1b again (second time, say on his 9th year). How do we extend/renew approved H4EAD? - This is an attorney question but going by common sense - H4 will reapply nearing the expiry of current EAD

22. If my spouse is on an H-1 visa and has an I-140 approved, can I apply for the H-4 EAD even though I applied for the H-1 lottery last year and my H-1 petition was denied. - This has been clearly answered in the publication - DHS wa referring to H4s who do not currently qualify for EAD but applied for H1B last year.

23. Using H4 EAD, one can start any business like restaurants, etc and he/she can manage and work in that business and employ others (any restrictions on employing others?)? - Same eligibility as L2s

24. Using H4EAD, can work for multiple employers at same time?

25. If principal H1B with approved I140 change another employer when H4 got EAD, will spouse H4 ead will be still valid or it will be revoked immediately?

26. Using principal H1B previous approved I140 with EB3 category can be used to get H4 EAD though another GC process with EB2 with same employer is in progress? - similar to Q2

27. Using H4 EAD, can work online for an overseas company which is outside of USA? - I think we should not ask this question - USCIS may see this as a loophole or misuse of the system.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

I think question 5 in the list has been addressed in the detailed publication already. To have a JOB is NOT a requirement to apply or retain an EAD.

SK.
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

Great job guys!! The impact this forum and its members had, on bringing this rule to reality is remarkable. Kudos to Anirban and the team for all their efforts. This rule is definitely going to bring happiness to several thousand hard working families living in the US.

SK.
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders

Kamakazee and team,

Thanks for all your efforts and providing us with the latest update. Hopefully, they meant what they said ("Actively Reviewing") and the rule comes out soon.
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Posted in I-765 (EAD) Forum on 14 Jan 2015
Topic: EAD for H4 Visa Holders

Yes. Just received a confirmation.

Dear Stakeholder,

Thank you for your interest in the Dialogue with the USCIS Director to be held on Thursday, January 22 at 2:00 pm (Eastern).

To participate by phone: Please accept this message as confirmation of your registration and use the information below to join the call on the day of the engagement:

Call-in number: 800-857-5012
Passcode: DIRECTOR

Due to the large number of participants, we recommend calling in 10-15 minutes before the engagement begins.

To participate in person: Please send a message to Public.Engagement@uscis.dhs.gov confirming that you would like to join the engagement in person. Please note that space is limited and in person attendees will be confirmed on a first come, first served basis. After registering, you will receive an email confirmation within two business days.

Kind regards,
U.S. Citizenship and Immigration Services
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Posted in I-765 (EAD) Forum on 08 Jan 2015
Topic: EAD for H4 Visa Holders

And I think "Yes" or "No" is the answer to if it is part of Regulatory Plan.
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Posted in I-765 (EAD) Forum on 08 Jan 2015
Topic: EAD for H4 Visa Holders

I think it means, "Final Rule Stage". If you click on the link, it takes you to the same page where it says "Final Action - 12/00/14"
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Posted in I-765 (EAD) Forum on 22 Dec 2014
Topic: EAD for H4 Visa Holders

Also, murthy.com has made it clear, any EO related to businesses and high skilled workers will not be affected by the law-suit against the president.

http://www.murthy.com/2014/12/22/lawsuit-to-blo...
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Posted in I-765 (EAD) Forum on 22 Dec 2014
Topic: EAD for H4 Visa Holders

I just talked to my attorney. She sits in DC and mentioned that she attended the stake holders meeting a week ago. Based on the meeting, she said the rule may not happen in December and most likely will be early January. She was told at the meeting that DHS tried to publish the rule in December but based on the number of filings expected, they are in need of more employees to process the applications and it may be pushed to early January. Also, she said there is a good chance the rule will be effective from the day it is published and does not require a month long wait. I hope she is right - Fingers crossed.
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Posted in I-765 (EAD) Forum on 19 Dec 2014
Topic: EAD for H4 Visa Holders

Well said. The H4 EAD rule does not need a Presidential Executive Order to pass. Democrats have never been pro-legal immigration and they let illegals cut the line to get EADs and all sorts of benefits in the name of socialism. We really need a GOP president to tackle legal immigration problems. To pass a law that has least impact on the labor market and at the same time benefits the economy does not have to be this complicated. Every week, there is a conference to answer questions related to these illegals and not even a press release statement for the legals. America is moving from a land of immigrants to a land of illegal immigrants - pathetic situation.
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Posted in I-765 (EAD) Forum on 18 Dec 2014
Topic: EAD for H4 Visa Holders

She mentioned she will be answering questions related to DACA renewal only. In other words, she said "we don't care for legal immigration"
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Posted in I-765 (EAD) Forum on 18 Dec 2014
Topic: EAD for H4 Visa Holders

I mentioned my company's name. Is that okay? or Am I in trouble ?? :P
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Posted in I-765 (EAD) Forum on 17 Dec 2014
Topic: EAD for H4 Visa Holders

Folks,

We have been so patient so far and I think it will be worth waiting a few more days. Senseguru has mentioned all he can within the scope of his NDA policies and we should appreciate that.

I am also one of those guys, that has waited for a long time eagerly looking forward to get this rule passed. Let's remain patient for a few more days or weeks and I whole-heartedly believe we have some good news coming out soon.
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Posted in I-765 (EAD) Forum on 21 Nov 2014
Topic: EAD for H4 Visa Holders

Dear folks. Can you please clarify what will be my wife's eligibility to apply for H4 EAD?
My PERM application was submitted in April 2014 and went into audit. My H1B visa will expire in July 2015 and my employer will apply for 1 year extension in January 2015 under Premium Processing. Can my wife apply for EAD once I get an extension?

Thanks for your input.

SK.
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