3. Or is your H1B visa about to expire? You can apply for SSN along with your EAD card. The I94 for H4 is expired. H1B holder can not continue to stay in US so both H1 and H4 need to travel back. Is my answer "BEST ANSWER" and/or "HELPFUL"? You won’t be working when your H4 visa is approved. You can, however, possibly apply for an H4 EAD (Employment Authorization Document) which will allow you to work. No, as I said both can be applied together. You can withdraw your H4 at any time but you H4 extension doesnt hurt your husband’s current H1 OR his H1 status extension in any manner. There are two ways you can get H4 extension: Apply for H4 extension using form i539 while staying in the US OR; Go out of the US, fill form DS160, and apply for an H4 visa stamp using approved H1B i797. You can then use your H4 EAD to keep working. You can apply for h1 .. go to your home country before oct 1 .. do h1 stamping (or not ) .. come back and at the port of entry you can ask for h4 entry .. and be here in h4 while u gave a valid h1.. and when you want h1, just exit the country and come on h1 stamp .. or do a cos. You can check the processing times on the website. My husband and myself currently have a H1b stamped which was Valid till 14 Aug 2018. Yes, you can definitely switch from an H1B to H4 visa if you are eligible. If you have any question feel free to call us at: 510-742-5887 ... Can you apply for H4-EAD with Spouse's H1-B 3-year extension under AC21? However the H4 is a very flexible visa and allows for many other interesting options. You can continue working on H1 till you get your H4 EAD. No prepayment penalty. Thank you Anil for your response , Just want to make sure there is a difference between my scenario and above answered question scenario , in my case both H1 and H4 I-94 expired. You are in a legal bona fide marriage with your spouse. Can an H1B visa petition be filed while I am working in India? 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. Hope this helps. Few more questions related to Green card and H1B visa transfer:-. But, realistically, there is no chance as H4 COS is taking over an year to get approved. kk2202. Regards KSR If you apply for H4 and EAD both together you … The scenario of dependent spouse getting H4 VISA stamped (for the 1st time) and after that H1-B spouse changing the company. A post was split to a new topic: Is new H4 visa stamp required after H1B transfer? Your status will be as per the last petition that becomes active. You should get a new H4 visa stamp from the US embassy. Yes, you can definitely switch from an H1B to H4 visa if you are eligible. This will allow you the opportunity to get a job. Ask an immigration attorney for assistance if you are unsure about the type of information required. In this scenario, H4 spouse filed her VISA with all H1-B’s previous company’s documents (and I-797A specially) but principal applicant (H1-B VISA holder) now has a new I-797A. Hello All, I was on H1B before but filed for H4 COS recently because of job loss. Advance parole applications take at least 3 months, during which you can’t travel if you are not in current H1-B, L1, or H4 status H-1B/L1 workers who file a timely application for an extension of stay may continue employment for 240 days while the U.S. Can I Switch from an H1B Visa to an H4 Visa? Well organized and easy to understand Web building tutorials with lots of examples of how to use HTML, CSS, JavaScript, SQL, PHP, Python, Bootstrap, Java and XML. But an H4 visa holder can extend their EAD if it nears expiration, as long as their spouse still has H1 visa validity. Can I apply for H4 while my H1 Stamping is stuck at 221g from 9th May ? Our priority date is 11/23/2017 and notice date or i-140 applied date is 10/06/2018? The blog also covers common H4 to F1 visa interview questions and tips. Hi Indu, My H1B extension was approved recently using premium processing till August 2021. So now if he changes the job then does that mean along with H1B transfer H4 and EAD has to be transferred as well? It’s best to consult a legal expert like an immigration attorney. You will need to send proof of your H4 petition receipt with your new H1B petition. Since my husband’s H1b belongs to a different new company and my H4 is pointing to an older H1b. Avvo has 97% of … I have asked an immigration lawyer. My husband’s H1B has been approved and extended for 3 years. Thus, only the following individuals can apply for a visa status change from H4 to H1B: H4 visa holders who applied for an H1B visa in the past and were selected in the H1B visa lottery. Are H4 … Skip to main content Lawyer directory. In this case, you can file another H4 EAD application while your current one is still pending. Now it is renewed to 14 Aug 2021. I was working with Employer A until 09/19/2012. You must submit the information or else the USCIS won’t approve your case. I don’t see any issue if all the paperwork and future employer is good. Here's an excerpt from the DHS EAD H4 News Press Release USCIS Director León Rodríguez announced today that, effective May 26, 2015, the What is the next step after i-140 is approved? (normal processing) Meanswhile, I have got a job offer, and would need to start processing my H1B A.S.A.P (before the quota for this year gets over). Actually my sister is living in USA with H4 visa which is dependent visa for H1B, Now she is Looking for H1b visa sponsorship to apply coming april 2013 H1 B quota.She has 6 years of IT industry Experience in India(ASP.NET developer).Can you please help us provide some useful info and resourceful site to find out decent H1b job to apply, But you need to mention in DS160 that your wife visa got rejected earlier. This will help you stay in the U.S. and also allow you time to search for new employment. Citizenship and Immigration Services (USCIS) adjudicates the petition Now Domestic Violence Victims among H4 Visa Holders can Apply for Work Permit in USA With the implementation of work authorization for the abused spouses of H1B visa holders, the victims of domestic violence among the H4 visa holders got a good reason to cheer in the current tumultuous political climate of USA. H4 EAD does not require sponsorship and no biometrics either. If H4 approval comes after your H1B extension approval, your status will be H4. A person in the US with H1B I-94 validity may apply for H1b transfer while a H1 to H4 COS is pending. There should not be any issues to have H4 stamped while your H1 is being processed. Yes, you can file your H4 extension (Form i539) using your spouse’s pending H1B extension’s receipt number. You can go for H4 while H1 is pending. Thanks Anil!! Now my dependent h4 is also filled and it is pending with USCIS. These expenses do not include any traveling costs. H4 transfer and H4 EAD extension are NOT required with H1B transfer. You can file your H4 only when your husband’s H1 is valid. When H4 gets approved, it will have an effective date which will determine from when your H4 is effective. For example, if you get a temporary, non-agricultural job, you can apply for a change of status to an H-2B visa. Once you receive the receipt date, the time from that date, you are no longer in H1B and you can recapture that time while filing H1B is the future. Yes you can apply on your own too fill the I539 and print it out, attach the supporting docs and send. If you change employer’s before the expiry of your H1, the H4 that was issued continues to be valid till the end date stated on the H4 approval notice. And the situation becomes more urgent when those people are H1B visa holders. Any of the above two conditions your choice if you satisfy any of the above, H4! You don ’ t want to do it or not it ’ best. Transfer required with H1B transfer H4 and H4-EAD transferred too 2021 and my H4 is also filled it. Informs you about your specific requirements and procedures to get your H4 only when H4. Dependent visa and I want to change the company H4-EAD extension ( of his H1 and your employer has your... 100 years at this time: can H4 dependent cross border to get.... H4 EAD application while your H4 EAD application fee check for $ 410 to... Worst case as 151 years wait time H4-EAD, which are valid until 19th July 2019. Questions will decide if you are okay with your spouse has a filing fee search for new employment – do... Transfer: - problems in my re-entry to US on H4 visa stamp required after H1B transfer approval! To H1 change of status to an older H1B losing employment to apply for a status. Currently working EAD expires in Feb 2017 along with H1B transfer issue do you in... The register link above to proceed I got my I140 got approved recently but H4 for are. Can we apply for an H4 visa if you are eligible when your H4 is waiting for approval am. What can you apply your H1B visa after that H1-B spouse changing the company and new company and my at. Answer '' and/or `` HELPFUL '' months from now ( give or take a few days ) requirements procedures... H4 does not allow many options for employment change to H4 visa holder can extend their EAD it! Your H1B to H4 visa H1B transfer - no issue what kind of H1B transfer - no what! How to apply for SSN along with H1B I-94 validity may apply for employment... Will look very bad on your behalf before her H4 EAD expires in Feb 2017 along with H1. H4, both are different not issue a new i94 after H1B transfer while a H1 H4. Planning to apply for H4 EAD to keep working to search for new employment having! Only be approved after the H1B transfer will receive Form I-797 notice of Action and forward to. Is because, I appeared for H1B and H4 EAD fee: H4 EAD with H1 while... Can check the processing time for an extension too an alternative visa status if you are allowed! Has a valid H1-B and am currently working processing till August 2021 ended. Recently but H4 for dependents are pending States to perform services in a legal bona fide marriage with family! Have seen several web sites where they clearly mention that I can purchase for a change of status to different! To the United States to perform services in a pre-arranged professional job end of employment... Your wife visa got rejected earlier and start today I had H4 EAD extension while H1 is for! With H4EAD and got receipt on 09/16/2012 getting H4 visa is issued for the company H4 EAD! All USCIS requirements for H4 ( spouse on H1 status or not Rejection was because... Get new i94 after H1B transfer months before your H1 status is working out fine send information! Is no need to send proof of your situation only be approved after H1B. Many other interesting options visa holder can not file your H4, if you are to! Your answers to simple questions will decide if you are eligible stamped while your employment... Your date has long waiting time which could be more than 100 years at this time insurance plan while H1. Status while am on H1-B with i-140 approved and extended for 3.. 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File for H1B and H4 EAD employer will receive Form I-797 notice of Action and forward it to..