H-4 EAD

Recording of Free Community Conference Call (Every Other Thursday), 1 October 2015

Immigration.com

Nonimmigrant Visas

Substantial transcription for video

We discussed these (and other) issues of US immigration:
FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?
Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.

Recording of Free Community Conference Call (Every Other Thursday), 17 September 2015

Immigration.com

Nonimmigrant Visas

Substantial transcription for video

FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions; 
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.

Applying for H-4 EAD while H-4 is pending

Question details

I am on H-4 visa and my husband is on H-1 visa since 2008. We have an approved I-140 and have applied for a three year extension on the basis of approved I-140 on May 8, 2015, but we have not got any confirmation from USCIS yet, so my concern is that can I apply for a H-4 EAD before our visa extension is approved.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Recording of Community Conference (Every Other Thursday), 2015, July 23

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Substantial transcription for video

Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.

H-4 Visa Approval

Question details

I received my H-1 approval & other documents yesterday. I am worried because the I-129 document I received yesterday states no dependents are filed with my petition (Page 4, Part 4). I had sent all my spouse details/ marriage certificate etc. while attaching supporting documents in March. What is the process for H4 visa approval as my spouse would be accompanying me.

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

Recording of Community Conference (Every Other Thursday), 2015, July 09

Immigration.com

Substantial transcription for video

Discussed: FAQ: Refiling I-140 using old PERM (after 180 days); 
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;

Guestbook Entry for Suresh Jayaraman, United States

Name
Suresh Jayaraman
Country
United States
State
NORTH CAROLINA
Comment

Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.

Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.

Application for H-4 EAD

Question details

FAQ 1. I am presently in Canada on a work permit and want to apply for H-4 EAD. My husband has a valid H-1 and an approved green card application . So we are eligible for applying. My question is that can I visit US for 2-3 days, mail my application and then leave the country? Do I need to be in the US when the USICS receives my application? Or I can immediately leave after mailing the application? <p>

FAQ 2. My spouse's PERM approved & his employer is still gathering required documents to file I-140. It is still within 180 days limit. Can I apply for H-4 EAD with my spouse approved PERM copy and other documents required ( eligible under beyond 6 years extension of H-1 & PERM pending 365 days) ? Or do I have to wait until his I-140 filed ?

Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending. 

Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension). 

H-4 EAD filing based upon I-140

Question details

My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
1) Can I file for H-4 EAD?<br>
2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

Filing I-765 while the I-539 is pending

Question details

I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=382

FAQ Transcript: