1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
First of all I just want to thank you to Rajiv, Vijay and everyone else in the office that has been with me throughout the journey. They have been very professional, efficient and reliable. Rajiv has been so quick in replying emails to me every time I have any questions and I really appreciate it. Sometimes unexpected situations came up and the way Rajiv addressed and handled such issues made me feel extremely grateful that he was there. His calm spirit and the way he talks just make me feel like there are no existing problems, just situations, which can always be fixed. I remember when I asked my sister why she chose this law firm (she introduced Rajiv’s law firm to me), she said that when she first met with Rajiv, he just gave her this vibe that everything will be alright and that he seemed really kind (and he is), compared to other lawyers that she has met before.
I also would like to thank you Vijay from the bottom of my heart because Vijay has been extremely patient and nice to me. I have been working with Vijay since the beginning of my application and he has always been there for me whenever I need. Even though I bugged him a million times via phones/emails, he is still very patient and kind to me and helps guiding me with all the GC paperwork. So thank you Vijay for your complete support during this journey.
My timeline for the EB3 Green Card is as followed:
Jan 24 - Filing I-140 & I-485 concurrently (I-140 is premium processing)
Jan 26 – Application received
Feb 7 – I-140 approval notice
Feb 19 - Fingerprint notice
Feb 28 – Fingerprint Appointment
Mar 28 – EAD/AP card approved
April 20 – Interview notice
May 21 – Interview day
May 24 – Case was approved
Again, thank you so much to Rajiv, Vijay and everyone who has been handling my case from the start to finish. You guys are the best and I would highly recommend Rajiv and his team without any hesitation in regards to any immigration cases.