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Member Profile: san31 (3 posts)

Hello, I'm san31 (report this user)
I am from India
I last logged in on 04 Aug 2015
I have been a member since 26 Feb 2015
I have added 3 posts in trackitt forums
I added my last post on 02 Mar 2015
san31's Posts
Posted in I-765 (EAD) Forum on 02 Mar 2015
Topic: EAD for H4 Visa Holders

Hello All,

I wanted to know pros and cons of having an H4 EAD against having an H1B visa. Please please please advise.

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

well some questions were interesting and useful.. but I also found most of the questions repetitive..

and the worst of all was "Can you hear me?"

In the time wasted for all the "can you hear me"s and the "thank you for this opportunity to ask questions"s, a few more questions could be asked and answered..

but that's okay.. those few more questions were likely going to be either repetitive or stupid..
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Posted in I-765 (EAD) Forum on 26 Feb 2015
Topic: EAD for H4 Visa Holders

Hello everyone,

I highly appreciate the efforts of putting the list together and great Job!

I sincerely think this list REALLY REALLY long! There are still redundant questions and in my experience of attending meetings on phone, this list is going to create CHAOS and CONFUSION within either parties.


I propose the following updated list and urge everybody here to try and use it if possible.

-----------------------------------------------TO be REMOVED ----------------------------------------------------

3. [REMOVE: 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?

The answer is obvious. When applying SSN, you are required to produce PROOF of employment eligibility in your OWN name. RULE is not a proof. So the answer is, "You will have to wait until you get the EAD in your hands".]

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

7. [REMOVE: Would the EAD process get affected by change in employment of the primary visa holder with approved I-140, before or after EAD application? - ANSWERED BY Q1 and Q3]

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]

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

14. [REMOVe: NOT CRITICAL ENOUGH] 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. [REMOVE: VERY ABSTRACT, if we have waited for this long, why do we ask for a new process for the matter of a few months/weeks?] We can also ask about interim ead if they will allow it if the ead app not processed in the given timeframe

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

17. [REMOVE: is this not same as Q1? what happens if after getting h4 ead the h1b changes job n gc starts from scratch ?]

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

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

26. [REMOVE: REDUNDANT] 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. [REMOVE: I think we should not ask this question - USCIS may see this as a loophole or misuse of the system.] Using H4 EAD, can work online for an overseas company which is outside of USA? -

------------ UPDATED LIST--------------------

1. Taking in to account the job portability and the number of ppl who have changed jobs; Can an I-140 approved through previous employer be used to obtain H4 EAD?

25. [REPHRASED] If H1B with approved I140 changes jobs after the spouse has got EAD, would the EAD be revoked immediately ?

5. [REPHRASED] What IF the H1 visa holder loses their job? Any grace period for H4 EAD? **** (previously: What is the spouse loses his job? Any grace period for H4 EAD?)

2. [REPHRASED] Can we apply for H4 and EAD in parallel, either inside US or from outside US?

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

As per the second requirement to be eligible to get work authorization, "H1-B 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.

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?

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

If H1 expires and is to be renewed, does the EAD need to be reapplied for ?

(Previously it was Confusing: For those whose H1/H4 expires this year and who apply for renewal in 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?)

20. [GOOD QUESTION!] while traveling outside US after getting h4 EAD, if h1b needs stamping would h4 need it too despite having the EAD ?

21. [GOOD QUESTION] 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?

23. Using H4 EAD, one can start any business like restaurants, etc and cna he/she manage and work in that business and employ others? Are there any restrictions on employing others?

22. If my spouse is on an H-1 visa and has an I-140 approved. Can I apply for the H-4 EAD if my H1 petition was denied last year ?

24. Using H4 EAD, can one work for multiple employers at same time?
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