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EAD for H4 Visa Holders

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Posted by poojanair (1) 06 Feb 2017#26776
H4 to H1 (COS) in process;Can I apply for H4EAD simultaneously....

Hi,

I am in USA now on H4 Visa. I got my H1 Initiated on Apr 2016 and it is in "Response To USCIS' Request For Evidence Was Received" stage.

My husband got his I140 approved. I have the following questions about apply EAD.

1. Since the H1 application is in progress, Is it possible to apply for EAD?

2. If the EAD application gets approved successfully, and after that if H1 gets approved, then will the Status change from H4 to H1 automatically ?

3. If the EAD application is in progress and meanwhile if H1 gets approved and after that EAD gets approved, will Status change from H1 to H4 automatically?

4. Is there any other complications involved in applying and EAD while H1 application is in progress?

--Pooja
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Posted by employment (67) 06 Feb 2017#26777
My Date of Birth on the I-94 on my H4 extension I-797A has a typographical error. I already raised a request with USCIS to have it corrected last week and am awaiting its arrival.

Now the question is, while applying for my H4 EAD, should I wait for my corrected I-797 (with the DOB corrected on I-94) or can I go ahead and apply for the H4 EAD with the form that has the typo ? However, there is nothing wrong with my spouse's primary H1 I-797. Note that my EAD is expiring end of March.

Please reply ASAP. Thanks.
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Posted by neurodr (10) 08 Feb 2017#26778
Hi everyone,

My I-140 is to be filed soon. My questions are:
1. Do I need the paper approval of the I-140 (which might take few days to arrive) or can I print the approval online and submit that? Time is of essence since the job starts soon so was wondering if I can save time.
2. Does my wife need a job or do we have to specify nature of job while applying for EAD
3. Just want to confirm that we do not need fingerprinting for H4 EAD

Thank you for your time!
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Posted by eb3guy1 (43) 08 Feb 2017#26779
to neurodr:

1. Just copy of approval notice is enough to apply.
2. You don't need any job offer in hand to apply for EAD.
3. No fingerprinting is needed for H4 EAD. Your wife has to sign the I-765 application, thats all.
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Posted by toashishmantri (21) 08 Feb 2017#26780
Applied EAD for my wife. She is currently on H4 visa.

USCIS reached application on Jan 30th 2017.
Today the status is changed to "Name was updated" (Feb 8th 2017)

Please let me know if anyone is aware of such scenarios.
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Posted by GreenCard333 (45) 09 Feb 2017#26781
to toashishmantri:

WoW. Super Fast

mine is like this. What to do?

On December 22, 2016, we received your Form I-765, Application for Employment Authorization , Receipt Number WACXXXXXXXXXXXXXX, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 21, 2017, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
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Posted by toashishmantri (21) 09 Feb 2017#26782
to GreenCard333:

My case is EAD for "H4 VISA". FYI she already had EAD in past (during her OPT, year 2012).
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Posted by neurodr (10) 09 Feb 2017#26783
to eb3guy1:

Thanks for the reply. Just to clarify, what I was wondering was can I print off I-140 confirmation from USCIS tracking and use that or do I need copy of the actual approval notice?
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Posted by toashishmantri (21) 09 Feb 2017#26784
to neurodr:

my company lawyer used the copy of the original approval notice.
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Posted by dude00 (3) 09 Feb 2017#26785
I would like to apply for H4 EAD renewal.My EAD is expiring on June 30/2017 .How soon can we apply for EAD renewal. Is it 120 or 180 days? USCIS website in below link mentions as 180 days. Any suggestions?

https://www.uscis.gov/working-united-states/temp...
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Posted by h1bforlife (18) 09 Feb 2017#26786
Any idea how many days after the status changes to "New Card is being produced" can one expect to receive the card in the mail?
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Posted by eb3guy1 (43) 10 Feb 2017#26787
to neurodr:

You'll need the copy of the original approval notice.
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Posted by satish78 (815) 10 Feb 2017#26788

I would like to apply for H4 EAD renewal.My EAD is expiring on June 30/2017 .How soon can we apply for EAD renewal. Is it 120 or 180 days? USCIS website in below link mentions as 180 days. Any suggestions?

https://www.uscis.gov/working-united-states/temp...

to dude00:



I think 180 days but i would say apply in premium and you will get in 3 weeks
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Posted by cyberankur (13) 10 Feb 2017#26789
to satish78:

dude, how would you apply i-765 in premium?
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Posted by karthiksubbu (10917) 10 Feb 2017#26790

H4 to H1 (COS) in process;Can I apply for H4EAD simultaneously....

Hi,

I am in USA now on H4 Visa. I got my H1 Initiated on Apr 2016 and it is in "Response To USCIS' Request For Evidence Was Received" stage.

My husband got his I140 approved. I have the following questions about apply EAD.

1. Since the H1 application is in progress, Is it possible to apply for EAD?

2. If the EAD application gets approved successfully, and after that if H1 gets approved, then will the Status change from H4 to H1 automatically ?

3. If the EAD application is in progress and meanwhile if H1 gets approved and after that EAD gets approved, will Status change from H1 to H4 automatically?

4. Is there any other complications involved in applying and EAD while H1 application is in progress?

--Pooja

to poojanair:



1. Technically yes since you are currently on H4
2. Yes, this is why your situation is tricky, the moment H1 approval comes, you will be on H1 not H4. So your H4 EAD will either be invalidated after the fact (assuming you already got EAD before H1 approval) or will not get approved at all
3. Same as #2
4. You should probably wait for your H1 approval, if you don't get it then go for H4 EAD. Or withdraw your H1 filing and go for H4 EAD.
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Posted by vimmu (3) 10 Feb 2017#26791
to H4eadpend:

Hey sorry to disappoint you .... I had similar situation I applied on sep 2015 and raised service request couple of times and finally time as arrived to apply for new one too and after I applied the new one they processed my old one and I got it on dec 2016..... i am now waiting for new one.... hope USCIS does it job fast
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Posted by bluedart (47) 11 Feb 2017#26792
I have applied H4 EAD on Jan 31st and files received Tx office on 2/2. I dont have any update after that; NO EAC number or alerts, etc.. Do you know how long it takes receive EAC number
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Posted by Pray13 (65) 11 Feb 2017#26793
If someone could explain. Will my spouse qualify to apply for H4 - EAD? I have an approved 1-140 and my New H1b visa is valid from 10/19/2015 - 10/18/2018. Waiting to hear some advice on this regard. Thanks! :)
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Posted by Imay (68) 13 Feb 2017#26794
to H4eadpend:

did you get update on ur case? I am also in same situation. USCIS told that my cases is in Security check
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Posted by visabalaji (1) 13 Feb 2017#26795
Please don't go with the rumors. I applied my wife's H4 EAD(new) along with my H1B and H4 extension in premium processing. My current H1B is expiring in July 2017 and I applied the extension well in advance(180 days). I was under the impression that H4 EAD start date will be July 2017. Luckily we are not..

01-26-2017 H-1B & H-4 Extension of Status & H-4 EAD petitions filed under premium processing
01-30-2017 Received email notification of H-1B receipt notice
02-02-2017 Received approval notice of H4 EAD
02-06-2017 Received email notification of H-1B approval
02-09-2017 Received original H-1B & H-4 approval notices and H4 EAD card with start date (2-2-2017)
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Posted by Suchan05 (200) 13 Feb 2017#26796
to Pray13:

yes. your spouse and apply for EAD
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Posted by Pray13 (65) 13 Feb 2017#26797
to Suchan05:

Thank you! :)
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Posted by ano2015 (20) 16 Feb 2017#26798
It looks like H4 EAD does not come under the new "“Retention of EB-1, EB- 2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” Final Rule"
Since category c(26) is not mentioned section 3 under - "Automatic Extensions Based on a Timely Filed EAD Renewal Application"
on the page -
https://www.uscis.gov/sites/default/files/USCIS/...

Essentially if your H4 EAD expires you do not get an automatic 6 month extension, even if you have a pending extension.
Is this in line with what others think?
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Posted by eb3guy1 (43) 16 Feb 2017#26799
to ano2015:

Yes, C(26) doesn't fall under automatic extension.
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Posted by ctsone (14) 21 Feb 2017#26800
Hi,

I am on L1A and my wife's I140 is in process to file. Does anybody know how to file L1-H4 COS with EAD. It would be real help if someone can provide the detailed steps.

Note: I am assuming that I can file COS and EAD on my own and do not require attorney for it.

Thanks in Anticipation.
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