Copy of Bio page of H1B and H4 passports3. The first step of the H4 to H1B conversion process is determining if the H4 visa holder is eligible to convert H4 to H1B status. My employer will file for PERM this month. My wife can apply for H4-EAD after I-140 approval - around 07/2017. I have my I-140 approved in 2012. My current employer started processing PERM. Do I need to request him to change the I140 process from employed state to future employment ??? please subscribe to our website to get latest updates, interview questions for all upcoming interviews, experiences from candidates, their profile information; Recent Latest US Visa Interview Questions, Experiences If the previous i140 has been withdrawn by the old employer but has not been revoked, you can still use it for filing the H4 EAD application. My previous employer has revoked the I-140. by Emily Neumann, Attorney at Law. Is there a difference between H1B transfer filing ( resigning from current job only after getting a new job and they filing a change of employer LCA ) vs H1B filing ( when I am on H4 but hold a H1B valid visa ) Answer: Yes, its possible to change status from H1b to H4 and change status back to H1B with another employer. Do I need any documents from my current employeer for H4 EAD before leaving them except from an approved I-140 … Yay!. Once we receive these documents for our clients, the I-140 case is generally ready to file within 2 to 3 business days. Changing status: L1B to H1B conversion. But during that time, the professional achievements can help you to easily opt for EB2 to EB1 Porting. Within the 6 year period of your H-1B cap exempt, it is possible to come back to H-1B visa from H-4 visa. My girl friend (and to-be wife) is currently working as a Software Engineer in Microsoft India. Attorney processing time – we provide our clients a thorough checklist of documents required for the EB-2 to EB-3 conversion. Thanks for the A2A. You can read H4 EAD – How to apply, Process, FAQs, if you want to know more on the general requirements and process.In this article, we will review some of the common FAQs related to H4 EAD. The next step to go from H1B to Green Card is to file form I-140 or the Immigrant Petition for Alien Worker. Let’s assume the applicant might have to wait for close to 10 years to get the current date. When the application is approved by DOL, the employer may then file a Form I-140 on behalf of the employee with USCIS. My I-140 approval has been revoked by previous employer. As you said, it can be a couple of years from now, before your I-140 will be approved. In general, H4 visa holders cannot work, but in 2015 DHS passed a rule that enables certain H4 Visa holders to work. My I 140 process will be continued still after my COS from H1 to H4??? Question from a reader about Approved, I-140, H1B Visa, H1B Extension, EAD for H4 and change of employer. After getting the PERM approval, the I-140 form proves that the employee will get the wage that has been advertised in the recruitment phase and that they are eligible to work and live in the U.S permanently. I am on H1B visa, Wife: H4 visa-valid until 09/2017 (with recapture-03/2018). When EAD for H4 Rule is implemented, then your spouse would have to wait till your I-140 from your new employer is approved by USCIS. By separating the process altogether, USCIS has added longer wait times to these visa petitioners. 3. New Rule is proposed in Federal Register to Revoke H4 EAD. I am planning to move from H1B to H4 EAD based on my wife’s I-140. It is written … If the I-140 is approved by USCIS, the individual may file Form I-485 Application to Register Permanent Resident or Adjust Status and it will be processed once a visa becomes available. Do I still eligible for applying H4 EAD based upon my previous I-140 approval and PD date? Could you please let me know the documents list required to file H4 AND H4 EAD. Now answering your questions The H4, like the H1 allows immigration intent, so there is no issue of getting an H4 after an H1. The Premium Processing Service allows for much easier access to the USCIS, in the event it is necessary to discuss issues relating to … Watch Video: Changing jobs after I-140 approval. I want to apply H4 EAD for my spouse and thus had a question. This means that H4 status also remains valid for those 60 days. Ma'm, Me: H1B visa, Wife: H4 visa-valid until 09/2017 (with recapture-03/2018). The H4-EAD is attached to valid H4 status, which in turn is dependent on valid H1B status. a. I am on H1B visa, Wife: H4 visa-valid until 08/2017 (with recapture-02/2018). In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. If you're transferring from H-1B to green card status, it pays to be in the know. My wife applied for change of status from h4 to f1 last year. You can't really “convert” from H4 to H1B. Just make sure that i-140 approval has not been revoked by USCIS for fraud, misrepresentation, or errors. What about my I -140 process in case my employer won't revoke I140 but he may revoke H1???? The new system in place today has added an unforeseeable amount of wait time. H4 EAD vs L1 Hello fellow blinders! The H4 visa would only be issued until the validity date of the current H1. Recent & Latest US visa interview questions, experiences for F1, H1B, H4, L1, E3 candidates. You can find the latest H4 EAD Lawsuit and Rule making to remove H4 … If the employer withdraws the H-1B petition approval after the date that the student officially changes to H-1B status, the student’s status will have been changed from F-1 to H-1B. I expect to have my I-140 approval in 3 months, and we are trying to evaluate two options: 1) Apply for a H4 EAD as soon as I get my I-140 app My employer will file for PERM this month. They expect to file my I-140 around 05/2017. I am on H1B. My employer will file for PERM this month. All H1B and H4 I-797s2. I will complete 6 yrs on H1 in September 2014, and have already gotten the… It went into effect on May 26, 2015. Anybody can be a member of this forum – you do not need to be a client to be a member. 2. So, you are likely have to wait till new company’s I-140 will be approved. A: It may be too early to say for sure, but I would expect that the spouse would lose the EAD eligibility if the I-140 has been revoked. My wife can apply for H4-EAD after I-140 approval - around 08/2017. How fast can I convert my EB-2 I-140 approval to an EB-3 classification? If you are an L-1B visa holder in the US, you may be looking to convert to the H-1B visa. My wife began studying Masters in 08/2016 on H4. But the H4 EAD Lawsuit stayed on. Then will their spouse will still be eligible for H4 EAD, under the option 2 of H-4 EAD rule? ; The i140 category is not relevant for filing H4 … That can be transferred to another new green card. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. Anyways i cant work on F2 but atleast stay at home until my new I797 (with approved I140) is available. Given to people for a maximum of 6 years, the H1B indicates that the holder has received education and training and performs a highly sought-after … The H1B visa is one of the most popular work visas in the US. I read it online that I need to take a break between H4 approval and H4 EAD approval. I need to take a break from the time H4 approval to EAD Approval or H4 Approval … The consulate doesn't actually do any processing, all they need to see is the H1 approval notice and the marriage certificate. The L-1B intra-company transferee visa allows entry into the US for foreign skilled professionals who are qualified as managers, executives or with some “specialized knowledge” in their field, vital to the operation of the US business. I got the following list from other sources. If you're chosen in the lottery, the H1B will be processed - and you'll either receive an approval or rejection. Since an EAD is approved only after the approval of the H-4 petition itself and this in turn, is counting on the H1 primary petition being approved in the first place. Question : Need quick help. Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. She joined only a couple months back. Say if we submit the response and if by any chance, she get her F1 in a few weeks time, can i convert to F2 and stay in US until i get my I140? In this final scenario, after the Notice of Approval has been issued, you may depart the U.S. and. Yes, you can take the break and come back to H-1B. The priority date is July 2012. For example, an applicant has got the I-140 approval for EB2 green card. FAQs: Feb 20, 2020 Community Call - I-140 issues - getting a copy of approval notice, leaving employer when I-140 approved less than 180 days - Impact on H-4 - H-4 … My wife began studying Masters in 08/2016 on H4. That way, the chances of H4 EAD RFE are low since your i140 approval information is already with USCIS. You can read this post to learn all … I received an I-140 approval from USCIS last week and I am about to leave the current employer to join a new one. Changing Jobs after I-140 Approval An individual may apply for H4 to H1 change of status if: H4 visa holder had previously applied for H1B and was selected in the H1B lottery and is now therefore exempt from H1B cap. If H1B Holder is on AC21 Extension after 6 years, and his/her I-140 is revoked. Well, you can file both concurrently but yes, your attorney is right that it is recommended to file H4 EAD after you get i140 approval. a. if your old H1B visa has not expired, you may be able to simply travel outside the US and return using your original H1B visa and the original Notice of Approval (Form I-797) for your newly-approved H1B petition; or EAD for H4 Visa Rule was Approved (published) on Feb 24, 2105. Step 2: File Form I-140. Is this enough ?2 sets- 1 for H4 and another one for H4EAD :1. I want to convert from H1 TO H4 EAD based on my spouse I140 APPROVED application.1. One of the best advantages of the H-1B visa is the fact that you can pursue a green card without jeopardizing your status. Upon approval of ETA Form 9089, the petitioning employer must file Form I-140, Immigrant Petition for Alien Worker. They expect to file my I-140 around 05/2017. 5. Form I-140 establishes that the alien is eligible for an immigrant visa based on employment and that the U.S. employer has the funds and assets necessary to pay the worker the wage advertised in the PERM phase. I have the following questions? They expect to file my I-140 around 05/2017. Now we got an RFE last week. The student will no longer be in valid F-1 status and would need to file a Form I-539 if seeking to change back to F-1 status. Video Transcript: Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140. After I-140 approval, I was with my employer for more than a year and joined new company. Complete Guide to the H1B to Green Card Process Posted by Frank Gogol. 4. My wife can apply for H4-EAD after I-140 approval - … My wife is submitting her H1B extension application and attaching my H4 [Change of Status from H1B to H4] and EAD petition. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. You basically need an employer to file an H1B for you. Department of Labor (DOL). b. My wife began studying Masters in 08/2016 on H4. In the green card context, the I-140 approval may make an individual eligible for the three-year H1B extension, as well as other benefits.

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