PERM Processing Times (as of 11/19/2016)
Processing Queue |
Priority Dates |
|
Month |
Year |
|
Analyst Review |
August |
2016 |
Audit Review |
April |
Processing Queue |
Priority Dates |
|
Month |
Year |
|
Analyst Review |
August |
2016 |
Audit Review |
April |
We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant. He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group. We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations. This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.
My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?
We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.
The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work. The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD. The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work.