H-4 EAD

Substantial transcription for video: 

Discussion Topics, Thursday, 28 January 2016:

FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA. 
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.

Substantial transcription for video: 

Discussion Topics, Thursday, 14 January 2016:

FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Pros and cons of H-4 EAD

My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD.

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

https://youtu.be/H_VV9kV_lOg?t=1345

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.

Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.

H4 - EAD validation if H-1B holder moved to another company

I have a question on EAD validity for the below scenario.

H-1B holder got I140 with Employer A and applied EAD for H-4. H-4 is valid until MM-DD-YYYY 10-29-2018. Now H-1B holder moved to Another Employer B, then at this point he doesn't have Approved I-140. Will EAD which received using Employer A valid until MM-DD-YYYY 10-29-2018? I knew for renewal of current EAD after 10-29-2018, we need approved I-140, but not sure exiting EAD is valid until 10-29-2018 if H-1B holder moved to Employer B.

USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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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.

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

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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