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Member Profile: legalstinson (133 posts)

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Hello, I'm legalstinson (report this user)
I am from India
I last logged in on 26 Jun 2015
I have been a member since 18 May 2012
I have added 133 posts in trackitt forums
I added my last post on 26 Jun 2015
legalstinson's Immigration Cases
 
H4 EAD case: Pending for 1093 days (1025 days more than average)   (0 comments)
User: legalstinson Nationality: India
Application Type:new applicationService Center:Dallas
Filing Method:paper-basedApplication Filed:26 May 2015
USCIS Received Date:26 May 2015USCIS Notice Date:01 Jun 2015
USCIS Receipt Number:RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:pending
Approval/Denial Date:Card Production Ordered:
EAD Received:Total Processing Time:
Most Recent LUD:Days Elapsed:1092 days
Case Added to Tracker: 27 May 2015 Last Updated: 06 Jul 2015
Notes: Check cleared.
legalstinson's Posts
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Posted in I-765 (EAD) Forum on 26 Jun 2015
Topic: EAD for H4 Visa Holders

Agree.. there are receipt numbers in EAC1590684xxx series as well that were received on 26th.
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Posted in I-765 (EAD) Forum on 05 Jun 2015
Topic: EAD for H4 Visa Holders




Success:

Got response from USCIS that - Your case was received and transferred to Vermont Service Center.
Now wait time starts..:)





Vijaysharmasql.. did your check clear? I got notification on June 1st however, my check hasn't cleared yet..



Mine was Money Order, This morning I called the MO company to track status, they said its not withdrawn yet.



Thank you..
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Posted in I-765 (EAD) Forum on 05 Jun 2015
Topic: EAD for H4 Visa Holders


Success:

Got response from USCIS that - Your case was received and transferred to Vermont Service Center.
Now wait time starts..:)





Vijaysharmasql.. did your check clear? I got notification on June 1st however, my check hasn't cleared yet..
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Posted in I-765 (EAD) Forum on 04 Jun 2015
Topic: EAD for H4 Visa Holders

Received email and text notification two days ago.. But check is still not cleared.. Anyone in this boat?
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Posted in I-765 (EAD) Forum on 03 Jun 2015
Topic: EAD for H4 Visa Holders

Package delivered at Lewisville,TX at 9:30am on 5/26 via Fedex.
USCIS acceptance message received this afternoon, application routed to VSC.
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Posted in I-765 (EAD) Forum on 03 Jun 2015
Topic: EAD for H4 Visa Holders

rkkz.. I'm in the same boat.

Package sent via Fedex on 05/23 to Lewisville TX - Courier address.
Package delivered and signed by K WILLIAMS on 05/26 9:35am.

No email/text yet (sent G-1145). Check not cleared yet.

I did not write the I-94 number behind the check.
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Posted in I-140 Forum on 21 May 2015
Topic: Obama EO: EAD for approved I 140


Please don't spread your opinions as facts. It is absolutely a rumor. H4EAD never took 4 years and in reality took less than 6 months from the announcement to implementation.
Please watch what you say. As educated individuals, we should be responsible for what ever we state.



bhisma,

You have 4 posts under your name. Karthik has more than 7000.. whose words have more weight?

He lit the light which was the only flame of hope for a lot of folks for the past 4 years. If you want to do some "light" reading go open the 'EAD for H4 Holders' thread and start from Page 1. Also go to reginfo.gov and search for rule 1615-AB92 (I even know the rule # by heart - which should tell you how many times almost every day I was looking this rule up with the hope that something happened).. you can see the complete history of this rule. Just because Obama talked about it and this rule came to implementation within a few months after the announcement does not indicate that the whole process took less than six months.
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Posted in I-765 (EAD) Forum on 05 Mar 2015
Topic: EAD for H4 Visa Holders

Your posts and others related to IV have been flagged for being posted under the wrong thread. Buzzinga has done what other original posters of this thread has been wanting as well.. keep the discussion ONLY related to EAD for H4 holders in this thread. Move IV or any other discussion such as EAD for H4 kids, EAD for I-140 etc to the respective threads. Please note that none of us are for/against IV or anything.. but IV has this habit of hijacking a group/thread focussed on something else for their agenda....

Thank you for respecting the spirit of the forum.
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Posted in I-765 (EAD) Forum on 03 Mar 2015
Topic: EAD for H4 Visa Holders


IV deals with White House , USCIS and Key Congressional lawmakers. I am not in IV leadership but the H4 lady who attended White House meeting told me that IV event was awesome. She told me that most guys spoke up on Feb 10 that their wife cannot work. Hence within two weeks of the white house meeting, USCIS came up with the 26th May announcement. I don't know who is Anirban. If he can feel good by my Congratulations, so be it. Thank you for helping Anirban. But I have more faith in the IV H4 lady. She is a family friend. If she says IV got Ead for H4, I will believe her. There will be professional jealousy amongst Indians. While I am sad , I will support any group that is validated by the H4 family friend whom we trust.




The funniest part of all of this fights going on is that poor Anirban (or kamakazee), Vinod, Jaya and others have NEVER EVER claimed any credit for anything that they did. It is true that they worked very hard and put in a lot of effort for H4-EAD. But it is all the other people on trackitt that has truly benefited from the rule, who have thanked these guys for their effort...

It's terribly sad that IV feels the need to come to trackitt to steal some limelight.. Zoh something tried to join the H4 group and hijack it.. but was eventually kicked out of that group because he was being dismissive of the H4 people concerns and was pushing IV's agenda... also, being really curt and rude. In the end, he had to leave that group..

The same is happening here.. Why does IV care about trackitt? I just don't get it.. if IV considers all the rest of us are morons, then why bother.. let the fools live in fools paradise....
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Posted in I-485 Forum on 26 Feb 2015
Topic: H-4 EAD for Eligible spouse effective May 26, 2015


I don't blame them for asking for it but come on.. people should learn to appreciate and celebrate the hard earned victories they have just won before gearing up for another battle..



Completely agree... this rule took so many years to see the light and people can't appreciate the rule.. they find reasons to whine about it that it did not include such, such and such and H4 Spouse will have more flexibility than the H1B spouse etc.. isn't that the same with the L1-L2 scenario..

In which other country can immigrants actually end up changing the law? People should be thankful to the USCIS for what they have done for us.
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Posted in I-485 Forum on 26 Feb 2015
Topic: H-4 EAD for Eligible spouse effective May 26, 2015

Please read the previous question to see the context of my answer. I know and understand very well how the immigration policies work. Thanks...
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Posted in I-485 Forum on 26 Feb 2015
Topic: H-4 EAD for Eligible spouse effective May 26, 2015




Can you also share your thoughts on H4-EAD Vs I140-EAD. I am aware that EAD for approved I140 is just a talk right now. But as and when it becomes a rule will the dependent eligible for EAD at that time? Does H4 again need to apply for EAD?
What will be the advantage of that EAD Vs H4-EAD?



EAD is EAD period. No difference. The proposed rule for I-140 eligible for AP and EAD will only enable the H1Bs to also be eligible to file for EAD. And, both the H1B and the H4 spouse will be able to apply for AP.

But otherwise, an EAD filed by anyone (L1 spouse, along with AOS, H4-EAD) are all the same.



What makes you think that this new rule allows all H1b and H4s with an approved I-140 to get an EAD and a AP?
This rule as laid out by USCIS only provides for an EAD for the dependent spouse of an H1b (it does not even allows H4 children to have an EAD).

So no EAD for primary H1b. Just the dependent spouse is eligible for it. No AP for anyone.
Basically, its been brought up to par with L2 spouses. Nothing more.




Please avoid misinterpretation if you don't know the full context. Someone earlier was asking if EAD was different when filed from AOS/or via H4-EAD new rule or if at all the proposed rule (EAD for I-140) materializes. I was only clarifying that EAD as such is the same.. it doesn't matter what conditions make you eligible to file for it, at the end of it it is I-765 and the EAD will allow you to work in this country.
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders





Kamakazee,

Questions:
-------------

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)
1. b) If H1B moves from Employer A to employer B based on approved I140 (104(c)), and employer A withdraws or cancles the I-140, is the H4 spouse elgible for EAD. Would it make any difference in the rule if A has already completed 6 years of H1B ***OR**** In this case, what will happen to H4EAD when previous employer withdraws I-140 before priority date can be ported with current employer? and H1B employment < 6 years
1. c) I-140 approved through previous employer but GC process NOT started yet with current employer?

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?

5. What is spouse loses his job? Any grace period for H4 EAD?

6. I have booked my ticket on May 27th to India,can I file on 26th and travel out of US.

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?
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?

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?

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

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

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 ?

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 ?

19. when h1b gets his ead due to dates being current or i140 ead rule then does h4 ead need to do any paperwork ?

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?

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.

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?)?

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?

27. Using H4 EAD, can work online for an overseas company which is outside of USA?

******************************************************************************
Others, please read the above questions and IF AND ONLY IF your question is not addressed, please add it to the above list by COPYING all the questions and adding your question at the end.
*******************************************************************************

Guys, I know some questions have been answered in the rule and some may not be necessary or relevant to ask. I am only making the entire list of questions asked until now. When Kamakazee is finalizing the list of questions he can ** re-phrase/ delete/ add/ provide answers** what he feels is appropriate. I don't want anyone thinking their questions was not included/ addressed.


Q6. Can we remove India and be generic like "Home Country" ?
Related to Q7. If some one has an approval beyond 6 years , which is 1 year extension under AC 21 as perm filed before 365 days of 6 year max out. His perm is still pending with Uscis. Now he has only completed 5 years in h1b as during his last H1b extension employer filed and added the Ac21 and requested additional 1 year extension and it is approved, can his spouse apply for h4 EAD.



Folks, I dont think we should ask questions like #6. Its too personal, and really out of context. I seriously think we should strike it out..






New question

28. What happen if someone H1B going to expire in November/December 2015 then H4 will get only EAD for few days and then again they need to review? Because H4 EAD validity is tie with H1B

If above case is true then getting first time EAD create issue for many folk.



Question 5 - basically covers the other business investment question.. People should understand how policies work. USCIS is not going to sympathetic and offer to grant any grace period (they don't have authority to do so) or anything..

If H1B loses a job, don't they have a grace period of two weeks to find another job.. the question to USCIS should be if the same grace period applies to the H4-EAD as well?

Question 6 - must be rephrased as.. Can you travel out of the home country while the EAD application is in process? Please avoid using sentences that may seem like it's a personal question and kindly avoid giving specific country names.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


I don't know you guys hearing conference call.

Leon Rodriguez, said He loves H4 Advocacy group, and he said i am getting every 15 min one email related H-4 issue..

Love this guy!! he is very down to earth!!

Next I-140 EAD on Leon's agenda and when he say it is coming means he mean it..



Please do not forget to send THANK YOU emails to Leon and his team.. we don't want to look like we were emailing them non-stop until the rule was announced and then no one is bothered..
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


Do you know how long this conference lasts or anywhere to listen after it is over?




The call is an hour long.. Last time, someone recorded and shared the audio file.. However, I'm not sure if any one intends to do it this time or if it's even legal to do so. If you have the time, do dial in... you do not need to pre-register.

Thanks.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


Call-in number: 800-619-3347
Passcode: DIRECTOR

If you are dialing into the conference, please mention your name and organization as "H4 VISA". We may not plan to ask any H4 EAD specific questions, however, need to show strength when we represent this community.






And Leon starts by talking about the H4-EAD rule announced yesterday :)
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

Call-in number: 800-619-3347
Passcode: DIRECTOR

If you are dialing into the conference, please mention your name and organization as "H4 VISA". We may not plan to ask any H4 EAD specific questions, however, need to show strength when we represent this community.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


My husband changed his status from H4 o F1 last month. His H4 status got extended for 3 years from Jan 1 2015. Later he got his F1 status approved on Jan 20 2015. I will have my I-140 approved in couple of weeks. My question is if my I-140 gets approved can my husband got to India and get his stamping done for H4 visa. Will he be eligible for H4 EAD.



A concurrent filing for COS to H4 and application for EAD can be done. No need to go to India to get stamped solely for the purpose of obtaining H4-EAD.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


Guys.....

I don't understand whats the fuss with so many question that are being asked from people who are already either on H1B and want to now convert to H4 and then to EAD status. I understand that everyone wants to be closer to family and work in the same area/state/county etc BUT IS IT NOT Human courtesy that all you H1B's who are already working....wait a little more patiently. There are so many people who have been on H4 and have not worked since the day they have landed in this country.

If you want to convert from any other status to H4 and then EAD, you have to go through the transition without employment maybe for a few months. So, please don't think that since you were working before, you will be able to get EAD immediately and that you should not have a break in employment. There are majority of people here on H4 whose career has been in break for more than atleast 7-10 years. Lets first find out what the final rule says and then act accordingly.

Also, to those who are asking questions -- Please search the forums , scroll back few pages and find out the answers as many of them are/might be in the same position as you are. If you still don't get answers, please post your questions. Sorry if I was harsh but looks like since yesterday morning there are more questions that are being posted as everyone now wants to get EAD in 10 days.

Thanks




Well said!! People cannot take the time to read through the rule and supporting documents.. everyone wants an easy answer.. When there was a support requested for advocacy actions, there was hardly a handful.. now everyone wants to rush in front of the queue...

kamakazee, satish, jaya and all others who have worked hard... please do not waste your valuable time answering queries over and over again for which the answers are available..

Last but not least, if someone wants to bring up H4-EAD today in the conference call, that should only be to say THANK YOU to Leon and his team...
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Posted in I-485 Forum on 24 Feb 2015
Topic: H-4 EAD for Eligible spouse effective May 26, 2015


Can you also share your thoughts on H4-EAD Vs I140-EAD. I am aware that EAD for approved I140 is just a talk right now. But as and when it becomes a rule will the dependent eligible for EAD at that time? Does H4 again need to apply for EAD?
What will be the advantage of that EAD Vs H4-EAD?



EAD is EAD period. No difference. The proposed rule for I-140 eligible for AP and EAD will only enable the H1Bs to also be eligible to file for EAD. And, both the H1B and the H4 spouse will be able to apply for AP.

But otherwise, an EAD filed by anyone (L1 spouse, along with AOS, H4-EAD) are all the same.
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