close
Do you like trackitt?
  • jQuery News Ticker now has support for multiple tickers per page!
  • jQuery News Ticker now has support for right-to-left languages!
  • jQuery News Ticker now has support for loading content via an RSS feed!
  • jQuery News Ticker now has an optional fade effect between items!
  • New updates have been made to jQuery News Ticker! Check below for more details!
  • jQuery News Ticker is now compatible with jQuery 1.3.2! See below for further details and for latest download.
  • Further updates to jQuery News Ticker are coming soon!

Please submit your thread title

Advertisement               
      
Add a new post in this thread Ask an immigration lawyer Receive email notifications when new posts are added to this thread
Start a new thread in this forum

EAD for H4 Visa Holders

Like this thread? I don't like this thread 12I like this thread 62
Posted by ano2015 (20) 09 Nov 2016#26651
I had followed this group closely when H4 EAD was coming into action and so I know there are some pretty knowledgeable folks here. Not to ruin the mood here but has this thought entered anyone's mind -
Is there any danger of the H4 EAD role being revoked? Given that Trump might want to overturn most of what Obama has done. Is H4 EAD rule considered part of the executive action by Obama?
(reply) I don't like this postI like this post
Posted by SreeCosH4EAD (1) 10 Nov 2016#26652
Hi,

I dont know if this is the right forum to ask this question. Now that we know Trump is going to be the next president and he had vowed to repeal all the executive actions by Obama, does this mean that everyone will lose their H4EAD since that rule was done through executive actions.
(reply) I don't like this postI like this post
Posted by troubleshooter (132) 10 Nov 2016#26653
to SreeCosH4EAD:

I had exact same question...but not getting answer anywhere so thought of posting here as well..
(reply) I don't like this postI like this post
Posted by skulkarni16 (7) 10 Nov 2016#26654
to troubleshooter:

Probably this will give you the answer

http://immigrationgirl.com/how-will-a-trump-pre...
(reply) I don't like this postI like this post
Posted by aru25 (869) 11 Nov 2016#26655
My lawyer suggested for H1B amendment and H4EAD renewal since it can be filled premium and it might happen the H4 EAD can come in 15days. The H4 EAD is also renewal.

The question is any risk with it?
(reply) I don't like this postI like this post
Posted by satish78 (815) 11 Nov 2016#26656

My lawyer suggested for H1B amendment and H4EAD renewal since it can be filled premium and it might happen the H4 EAD can come in 15days. The H4 EAD is also renewal.

The question is any risk with it?

to aru25:



Go for it... we did this for my wife and she got EAD in less than 10 days..
(reply) I don't like this postI like this post
Posted by aru25 (869) 11 Nov 2016#26657
to satish78:

thanks a lot. It really simplifies my life.
(reply) I don't like this postI like this post
Posted by EAD86 (150) 11 Nov 2016#26658
to satish78:

How long is it taking now from Petition Approval to Card Production? Spouse's H4 EAD Renewal petition got approved on 11/04 (took only 18 days - impressive). We just received the Approval Notice yesterday in mail. However, the status haven't changed to CARD PRODUCTION ORDERED so far. Should I contact USCIS?
(reply) I don't like this postI like this post
Posted by cyblitz (25) 11 Nov 2016#26659
to aru25:

Yes, it does simplify things. I had my H1-B renewal, my wife's H4 and EAD renewals all done together earlier this year (premium processing for H1). Had all approvals and EAD card in hand within the month.
(reply) I don't like this postI like this post
Posted by SC1175 (71) 11 Nov 2016#26660
to Anthrse:

It makes no sense to me how EAD application will clash with H4 visa. I think she is fine to appear for interview.
(reply) I don't like this postI like this post
Posted by cyblitz (25) 11 Nov 2016#26661
Those are good rule of thumb numbers unless you get an RFE for PERM or i-140. I did get an RFE after 4-5 months of PERM application. Responded to that in 2-3 weeks and it took 9 months after that to get an approval. I-140 regular processing took about 5 months for me without any issues.


---------------------------------------------------------------------------------------------------------------------------------------

Original post from curidpostn:


How much time did it take from prevailing wage approval to I140 approval?

to curidpostn:



Two months for prevailing wage, two to three months for recruitment and PERM filing, 4.5 months for PERM approval, 3 to 4 weeks for i140 preparation, one week for i140 approval in premium. It took almost an year for the entire process.

---------------------------------------------------------------------------------------------------------------------------------------
(reply) I don't like this postI like this post
Posted by Falcons789 (1) 11 Nov 2016#26662
hi everyone,
i had applied for h4-EAD and it's been a month since the USCIS has sent me a mail saying they had received my case and that they will send a receipt letter thru mail and i can check my status after i receive the mail. but it's been more than a month and i haven't received any mail. all i have is a receipt number. i'm not sure how long will it take to process. my case status says , they had received my file on 4th oct now it's 11th november.... is this normal wait time, or anything to worry..
(reply) I don't like this postI like this post
Posted by truptid (604) 12 Nov 2016#26663
to cyblitz:

don't forget- the process also dependent on processing time delays in application centers... some cases even in PP
(reply) I don't like this postI like this post
Posted by anirs (29) 12 Nov 2016#26664
Hi,

I am on my H1B (7th year extension) based on an approved I-140. I am planning to change jobs in the next couple of months after which my current company will revoke my I-140. My wife who is planning to join me in February next year will travel on H4. Can I file a H4 EAD for her then when my old I-140 is revoked by my previous employer but I am on an H1B with the new company?

Your help and guidance in this regard is much appreciated.

Thanks
(reply) I don't like this postI like this post
Posted by truptid (604) 12 Nov 2016#26665
to anirs:

No. If your employer revokes 140, then you cannot apply for EAD.

if RIN: 1615-AC05, also called 140-EAD(though there is no EAD) is published and implemented then your employer cannot revoke 140 after 180 days of approval and then you can apply for H4EAD even when you change jobs

Lets suppose you did not change jobs and applied for H4EAD and then changed jobs and your employer revoked 140, then there have been some instances where NOID has been issued by USCIS for H4EAD( technically she cannot work)

bottomline: until RIN: 1615-AC05 is implemented, if you want H4EAD, then you need to have unrevoked/Active 140 approval
(reply) I don't like this postI like this post
Posted by truptid (604) 12 Nov 2016#26666
to loveflorida:

No. You need active 140.. you can ask your employer to do 140 in PP
(reply) I don't like this postI like this post
Posted by immigrant001 (1) 12 Nov 2016#26667
Hi,

My employer's attorney is processing my I-129 and spouse's I-539, based on my approved I-140 under AC21. my employer doesn't cover I-765 filing and the attorney quoted $850 as attorney fee, instead I decided to fill up I-765 myself and ask the attorney to concurrently file I-129, I-539 and I-765.

I have the following questions to forum public about this:
1) has anyone been in similar situation and do the attorney's agree to file I-765 concurrently even when they haven't prepared I-765 ?
2) On for I-765, Question 18: (c)(26) "Eligibility criteria: Please provide the receipt number of your H1-B principal spouse's most recent Form I-797 Notice of Approval for Form I-129", what should be entered to indicate that the I-765 is being concurrently filed with I-129 ?

Thanks for taking your time to reply to my question.
(reply) I don't like this postI like this post
Posted by samsus (2) 13 Nov 2016#26668
to immigrant001:

submitted I-765: 08/06/2016
received: 08/08/2016
RFE received: 10/27/2016 (I-140 needed - though I had sent it with initial form)
Got the RFE letter: 11/02/2016
RFE response sent: 11/02/2016
RFE Response received by USCIS: 11/03/2016

*************************************************
How long it might take to get approval after RFE Response?
(reply) I don't like this postI like this post
Posted by GetGCasap (14) 15 Nov 2016#26669
I applied for H4 ead renewal on Sep 14 n got RFE in Oct for using old photos. My attorney replied to RFE on Oct 13. Since then the status was Response to RFE received.. today it changed to fee waiver. It says we received your application on Sep 14 n have waived your fee n you will get notice by Oct 14???? What does it mean any idea anyone. We didn't apply for fee waiver..
(reply) I don't like this postI like this post
Posted by anirs (29) 19 Nov 2016#26670
to truptid:

Thanks truptid.

What is the situation now after yesterday's announcement?
(reply) I don't like this postI like this post
Posted by anirs (29) 19 Nov 2016#26671
Here is the earlier thread for reference -

Posted by anirs (21) 12 Nov 2016#26774
Hi,

I am on my H1B (7th year extension) based on an approved I-140. I am planning to change jobs in the next couple of months after which my current company will revoke my I-140. My wife who is planning to join me in February next year will travel on H4. Can I file a H4 EAD for her then when my old I-140 is revoked by my previous employer but I am on an H1B with the new company?

Your help and guidance in this regard is much appreciated.

Thanks


Posted by truptid (377) 12 Nov 2016#26775
to anirs:

No. If your employer revokes 140, then you cannot apply for EAD.

if RIN: 1615-AC05, also called 140-EAD(though there is no EAD) is published and implemented then your employer cannot revoke 140 after 180 days of approval and then you can apply for H4EAD even when you change jobs

Lets suppose you did not change jobs and applied for H4EAD and then changed jobs and your employer revoked 140, then there have been some instances where NOID has been issued by USCIS for H4EAD( technically she cannot work)

bottomline: until RIN: 1615-AC05 is implemented, if you want H4EAD, then you need to have unrevoked/Active 140 approval
(reply) I don't like this postI like this post
Posted by gc2099 (3) 19 Nov 2016#26672
Friends, Need some help with your expert opinion...

Situation - I am primary applicant and on H-1B. My wife is working on H4 EAD. Since H4 EAD is getting expired by end of Jan'17, we have applied for H4 EAD renewal and still it is pending. Questions to expert friends here-

#1 - Will H4 EAD considered as invalid if I am not on Employer's US Payroll but on the same employer's India payroll? My presence would be mandatory in US for H4 EAD to be valid or my wife can continue work on H4 EAD?

#2 - For her job continuity beyond Jan'17, would she need renewed H4 EAD or can she continue in the job as H4 EAD renewal application has been filed with USCIS?

Thank you for your time and hoping for expert suggestions here.
(reply) I don't like this postI like this post
Posted by shahpiku (3) 19 Nov 2016#26673
Hi

I am on H4 visa
Applied for EAD Renewal - July 2016
Date of visa -Jan 2016- Jan 2018
Current EAD date - Jan 2016 - Jan 2017
Got approval for EAD and received EAD card and it shows Date - Nov 2016 - Jan 2017

My question is I already had EAD approval date till Jan 2017 and based on that I have applied for renewal and again they send EAD approval Just for few months and again card expiring on Jan 2017.


Plz Help me..

Thanks in Advance...
(reply) I don't like this postI like this post
Posted by rockyr9 (95) 20 Nov 2016#26674
to gc2099:

#1 - Your wife can continue to work as long as she has valid H4EAD card. Your absence/presence in US won't make any difference.

#2- HEr H4EAD should get approved by Jan'17. She cannot work if her current H4EAD expires and extension is pending. She will have to quit or go on leave.
(reply) I don't like this postI like this post
Posted by rockyr9 (95) 20 Nov 2016#26675
to shahpiku:

Usually they give H4EAD similar to H and H4 expiration and I-94 Date. You probably need to call USCIS and make sure it's not an error at their end.
(reply) I don't like this postI like this post
 



Do you like trackitt?
Add a new post in this thread Ask an immigration lawyer Receive email notifications when new posts are added to this thread Start a new thread in this forum
2669 users watching this thread
xiaop, munnabhaimbms, sea80, buzzu, AlienEB1A, LPRTracker, ashdam, spchandra, ramkumarrajesh, madhabdebbarma, ilagnor...more
Tell your friends about trackitt