Concurrent Processing of H4 and H4 EAD

[sankar15]

Hi,

I am on L1B and my wife on L2 with EAD. She is currently working.

I (My employer) am currently planning to apply for H1B cap petition with premium processing with COS [Change of Status]. I have my I140 approved. I am also planning to apply for concurrent processing H4 along with H4 EAD. So, H1 + H4 + H4 EAD all in the same package. [as per http://www.uscis.gov/working-united-...ndent-spouses]

I want to make sure she has minimal work disruption. I have couple of questions, if my H1B petition gets picked up in lottery:
- When does my wife's EAD get processed? Is it processed after she moved to H4 on October 1st or is it processed after H4 is adjudicated, say late may or early june?
- Also, if it processed after H4 adjudication in late may, does the interim EAD clock start around that time?

Thanks

[shervin143]

- When does my wife's EAD get processed? Is it processed after she moved to H4 on October 1st or is it processed after H4 is adjudicated, say late may or early june?
>>> If your H1B is a brand new H1B that is subjected to CAP, then your status won't change to H1B / H4 until Oct 1st. So you will remain to be in L1 / L2 until Oct 1st or until the H1B effective date (which will be on or after Oct 1st). When your status changes to H1B (Post Oct 1st), your wife (irrespective of whether her H4 gets approved or not by that time) won't be in L2 anymore, so she cannot use L2 EAD. She cannot work at that time until she gets her H4 / H4 EAD approved.

- Also, if it processed after H4 adjudication in late may, does the interim EAD clock start around that time?
>>> No. Even if H4 gets approved in May, it won;t be effective until Oct 1st since your H1B is a brand new H1B that is subjected to CAP. You both will remain to be in L1 / L2 if your I-94s associated with L are valid until Oct 1st. If she has a L2 EAD until Oct 1st, she can use that to work.

[sankar15]

But according to http://www.uscis.gov/working-united-...endent-spouses

they will EAD once h4 is adjudicated. I wasn't sure what it meant, does it mean when status changes to h4 or just when h4 is approved say late may or early june during H1B cap processing time..

From USCIS Site

"
b. A new H-1B petition, a new H-4 change of status application, and an application for employment authorization?

Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer can file Form I-129 for your H-1B spouse no more than six months before the date the employer needs your spouse to work.

Please note that under this scenario, we cannot adjudicate your Form I-765 until we make a determination about both your H-1B spouse’s eligibility for H-1B status under sections 106(a) and (b) of AC21 and your eligibility for H-4 nonimmigrant status.

In either of the above scenarios, USCIS will not begin the 90-day interim EAD clock until we make a decision on your spouse’s H-1B status and your H-4 status.
"

- When does my wife's EAD get processed? Is it processed after she moved to H4 on October 1st or is it processed after H4 is adjudicated, say late may or early june?
>>> If your H1B is a brand new H1B that is subjected to CAP, then your status won't change to H1B / H4 until Oct 1st. So you will remain to be in L1 / L2 until Oct 1st or until the H1B effective date (which will be on or after Oct 1st). When your status changes to H1B (Post Oct 1st), your wife (irrespective of whether her H4 gets approved or not by that time) won't be in L2 anymore, so she cannot use L2 EAD. She cannot work at that time until she gets her H4 / H4 EAD approved.

- Also, if it processed after H4 adjudication in late may, does the interim EAD clock start around that time?
>>> No. Even if H4 gets approved in May, it won;t be effective until Oct 1st since your H1B is a brand new H1B that is subjected to CAP. You both will remain to be in L1 / L2 if your I-94s associated with L are valid until Oct 1st. If she has a L2 EAD until Oct 1st, she can use that to work.

[shervin143]

That means, a H4 EAD be issued only after H4 is approved. Let us say you file for both H4 (Change of status or extension) and EAD at the same time. They cannot issue the H4 EAD before USCIS approved her H4. However, the effective date of the EAD and H4 will be printed in the approval notice. If it is a fresh H1B / H4, it will be effective only form Oct 1st even if it gets approved before that.

But according to http://www.uscis.gov/working-united-...endent-spouses

they will EAD once h4 is adjudicated. I wasn't sure what it meant, does it mean when status changes to h4 or just when h4 is approved say late may or early june during H1B cap processing time..

From USCIS Site

"
b. A new H-1B petition, a new H-4 change of status application, and an application for employment authorization?

Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer can file Form I-129 for your H-1B spouse no more than six months before the date the employer needs your spouse to work.

Please note that under this scenario, we cannot adjudicate your Form I-765 until we make a determination about both your H-1B spouse’s eligibility for H-1B status under sections 106(a) and (b) of AC21 and your eligibility for H-4 nonimmigrant status.

In either of the above scenarios, USCIS will not begin the 90-day interim EAD clock until we make a decision on your spouse’s H-1B status and your H-4 status.
"

[sankar15]

Thanks for the info.

We will have L2 EAD till october 1st and we could use the H4 EAD from october 1st then. I will go ahead with concurrent filing then.

That means, a H4 EAD be issued only after H4 is approved. Let us say you file for both H4 (Change of status or extension) and EAD at the same time. They cannot issue the H4 EAD before USCIS approved her H4. However, the effective date of the EAD and H4 will be printed in the approval notice. If it is a fresh H1B / H4, it will be effective only form Oct 1st even if it gets approved before that.

[srath123]

L1A-->H1B, L2-->H4, H4 EAD Filing Cuncurrently

Hi,

I am currently on L1A in my 6th Year with approved I-140. My spouse is working on L2-EAD . I am going to file my L1A to H1B(CAP Exempt-COS) along with L2 to H4 COS and H4-EAD.

My question is:

1. Will all the 3 petitions going to be approved simultaneously? If no, when does the H4-EAD clock start in this case?

2. H1 and H4 COS approved before H4 EAD, I understand She can not work on L2 EAD anymore. But how long we may have to wait for H4-EAD?
The goal here is to introduce minimal employment interruption for my spouse. Is there any better way to go for this? (I have to file H1B as I am already in my 6th year)

3. Another thing is, does going out of country and coming back while the COS is in progress enforces a CP?

Much appreciate your inputs on the best option to help me here.

Thanks In Advance!

[seagreen]

Hi,

I am currently on L1A in my 6th Year with approved I-140. My spouse is working on L2-EAD . I am going to file my L1A to H1B(CAP Exempt-COS) along with L2 to H4 COS and H4-EAD.

My question is:

1. Will all the 3 petitions going to be approved simultaneously? If no, when does the H4-EAD clock start in this case?

2. H1 and H4 COS approved before H4 EAD, I understand She can not work on L2 EAD anymore. But how long we may have to wait for H4-EAD?
The goal here is to introduce minimal employment interruption for my spouse. Is there any better way to go for this? (I have to file H1B as I am already in my 6th year)

3. Another thing is, does going out of country and coming back while the COS is in progress enforces a CP?

Much appreciate your inputs on the best option to help me here.

Thanks In Advance!

We are in exact same scenario. My husband is completing 6 yrs on L1A next week and his H1B approval is still pending.
From what my husbands employer has told is that when H1B approval comes through the clock on H4EAD will start, so its 90 days from then. The L2EAD will expire on 1st oct or later depending on when the approval comes.