H-4 EAD

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

1 year ago By Chief Editor

Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension. If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1. Premiuming through your husband would be great if that works for you.

Read more about Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

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FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

H-4 visa dependent children change of status to F-1 before 21

1 year ago By Chief Editor

Question details

My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?

FAQ Transcript

She needs to file for a change of status before she turns 21.

I believe it is two full semesters one academic year, double check that with the DSO.

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Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

1 year ago By Chief Editor

Question details

Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

FAQ Transcript

It can be done, but H-1B is not complicated that's absolutely straightforward.

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Can H-4 visa (no EAD) holders take an unpaid internship?

1 year ago By Chief Editor

Question details

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?

FAQ Transcript

Sure. I don't see any problem for you, the employer should watch out for themselves.

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Criteria for national interest waiver || NIW for physical therapists

1 year ago By Chief Editor

Question details

I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.

1. Can her employer file for GC while she is on H4 EAD status?

2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?

3. Can she use my priority date to file an adjustment of status?

FAQ Transcript

1. Absolutely

2. I doubt it.

3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.

Read more about Criteria for national interest waiver || NIW for physical therapists

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics

FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||

H-4EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B

2 years ago By Chief Editor

Question details

My spouse is on H4 EAD, and I'm on H1B. Can she start an LLC and apply for a concurrent H1B for me so I can do two jobs? Please let me know if this is legally possible. Any dangers associated with it?

FAQ Transcript

Sure why not as long as you are truthful with the government. Concurrent H-1Bs do not require Lottery again.

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

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