US Immigration Questions

  1. Tuesday, 21...
    Question: I am currently on H-1B visa and I applied for my spouse, H-4 visa (Dallas Texas service center) on They received it on March 4th and Receipt Date March 6th. Now 4.5 months completed. I heard that usually visa processing time is 3 months, but no idea what happened. Like to know what are my options available to expedite it, due to this we could not visit India.
    Answer:

    Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

  2. Tuesday, 21...
    Question: 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.
    Answer:

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

  3. Tuesday, 21...
    Question: Is it possible for me to apply I-485 on my own when I have I-140 approved and having receipt number? I am on L-1A visa, employer is not ready to neither provide I-140 approval notice nor file I-485. What documents you need to apply for I-485, is there any documents required from my employer, who actually is not cooperating so that I do not leave, which I do not intend to leave.
    Answer:

    You will need a confirmation of continued employment ("job letter") to file I-485. You should also put in a FOIA request to see you if you can get a copy of the I-140 approval.

  4. Tuesday, 21...
    Question: I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card documents from USCIS without knowing my employer?
    Answer:

    Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

  5. Monday, 20...
    Question: I have questions related to I-140 denial & refile.<br> My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:<br> 1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?<br> 2) How many times can we 'refile' I-140 on same PERM?<br> 3) Can we do 'refile' under premium?
    Answer:

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

    https://youtu.be/ZBJhcjjIrzs?t=1548

    FAQ Transcript:

    The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.

    Now answer to question 1: Yes.

    Answer to question 2: No limit that I know of as long as it is done in good faith. 

    Answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.

  6. Tuesday, 7...
    Question: My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
    Answer:

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

    https://youtu.be/PreNUXXW9KU?t=696

    FAQ Transcript 

    The employer will be in a lot of trouble. The law is employers cannot bench or reduce the salaries of the employees just because they are in between projects. They are required to pay the full salary. If they don’t you can file a complaint with the Wage and Hour Division (United States Department of Labor) within a year when the wages were not paid. The form is WH-4. Once you file the complaint, Department of Labor investigates it. You have to do nothing. It does not involve any expense at your part for H-1 holders.  Department of Labor will recover the money and will get the cheques that are due. Secondly if the employer has the practice of doing this in a routine basis then the company can be in a lot of trouble. Please do not get involved in a situation where the employer runs the payroll and you return the cash to them. If that is the situation anybody invites you to that is a party to a fraud. Fraud and misrepresentation can result in criminal prosecution and also can result in a permanent bar from entering the United States.

  7. Monday, 29...
    Question: I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
    Answer:

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

    https://youtu.be/PreNUXXW9KU

    FAQ Transcript:

    There are only two things.

    1. “I” the employee has the good faith intention in taking that job. You may never have to join that job but you should have the good faith intention to take up that job when the green card comes through. You may never have to do it but you should have the intention.

    2. The employer must have the same good faith intention of hiring you sometime in the future. What is that time within a commercially reasonable period after you get your green card or any time before that?

     Let’s say you get your green card approval today the future employer should hire you within 3,4 5 months. That is the commercial reasonable period. 

    So applying for a green card through a future job - can it be done and the answer is "yes" it is allowed. The employer should have ability to pay wages and that is an important thing. Other than that all that is needed is good faith intention on part of the employer and employee to give and take the job.

  8. Monday, 29...
    Question: Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p> 1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br> a) H-1B Amendment with Current Employer<br> b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br> 2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br> 3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br> 4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
    Answer:

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

    https://youtu.be/PreNUXXW9KU

    FAQ Transcript: 

    Filing for two benefits for eg: H-4 and F-2 or F-1 or even H-1 becomes problamatic when there is a change of status involved. So if you are applying for two different statuses at the same time that becomes problematic. If on the other hand your status is H-1 - the same status one is in the amendment mode, the other one is in the extension mode I don’t see it as a problem. Whether your amendment gets done first or your extension gets done later or the other way round I do not see how that makes a difference as long as your statuses is being maintained.  I do not see any problem with having simultaneous filing of H-1 amendment and extension. There is no question of the application of the last action rule really doesn’t matter. If the amendment comes before the extension or transfer comes before the extension it is your choice you can stick with the same employer and join the new employer later when the approval comes. Last action rule has little bearing on this. 

    Regarding question four what the government has said is we will not do premium processing where you request an extension whether the extension is with the same employer or with a new employer. So extension cases will not be processed in premium processing until the government says otherwise.

  9. Wednesday,...
    Question: 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:

    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). 

  10. Tuesday, 2...
    Question: 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?
    Answer:

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

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

    FAQ Transcript:

    Did he get his H-1 approval for one year or three years? If he got it for one year then you might be still able to get H-4 EAD filed. But if he got a three year approval or more than one year approval based upon the I-140 rather than the perm application you may not qualify and in fact the government has said if you are basing your H-4 EAD filing upon the I-140 then the I-140 is withdrawn you are no longer eligible to file the application and somebody asked a question what if my EAD is approved then the I-140 is withdrawn the government has said even then we reserve the right to revoke your H-4. So you cannot file unless you qualify under one of the two grounds. I-140 or one year extension based upon labor certification.

  11. Tuesday, 2...
    Question: 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.
    Answer:

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

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

    FAQ Transcript:

    The reason that they do it that way is because then they are constrained to a 90 day deadline. If they start adjudicating both together the moment they open the I-765 they got 90 days. If they start doing both together they may not be able to meet the deadline. They already have the trouble meeting the deadline of 90 days for EAD cases. Government is discouraging you to file I-765 while the I-539 is pending. They say file either both together or wait till the I-539 is approved. Then file your I- 765.

  12. Tuesday, 2...
    Question: First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br> I have a situation:<br> I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br> Questions:<br> 1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br> 2) How long will the petition will take to come to a decision (~estimate)?<br> 3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br> 4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br> 5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?
    Answer:

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

    https://youtu.be/8N82R3qAiJo?t=123

    FAQ Transcript:

    Answer 1. There are two possible situations. If you are already in H-4 status USCIS says you can travel, of course you will need a visa to enter. And if you’re I-765, EAD is approved while you are outside USA no problem but we advice is not to travel is because this can cause you delay. The reason they give for delays is what if they issue an RFE. That is not a problem if you have a lawyer or somebody else helping you they can take care of the RFE or the notice of intent to deny. Or if they schedule you for fingerprinting etc., in an application support center you can always be informed and you can come back. So it looks like if you are already in H-4 status traveling while the I-765 is pending is not a problem. However if you are applying for  H-4  status the old law was and still remains if you travel when your change of status application is pending then you are out of luck. Your application is deemed to be abandoned and they will also deny the I-765.

    Answer 2. There can be no estimate. What the government has said is if you file for H-4 and EAD at the same time we have by regulations 90 days to adjudicate the I-765 but we will begin the time to run until the H-4 is decided. That’s probably the approach they will take. 

    Answer 3. That’s not a problem. Visa has nothing to do with the H-4 EAD. She need not go to the embassy.

     Answer 4. Absolutely. If the H-4 for some reason is violated or denied EAD has no way of existing. The status can stand by itself or the visa can stand by itself and the EAD denial does not affect it.  

    Answer 5. I think it is ok to travel. It is up to you if you can avoid travel avoid it by all means if you must travel go ahead and travel.

  13. Thursday,...
    Question: I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that. 1) My mother’s birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter. 2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate 3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has? Again he is not in a position to go to his birth place nor is he in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.
    Answer:

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

    https://youtu.be/ZHaiZELtWCE?t=221

    FAQ Transcript:

    This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

    When you try to do that the government can bring the issue that when you entered USA on a tourist visa it was your intention to convert to a long term status which is illegal according to the government. There is actually a 30 - 60 day rule which says if you enter on a tourist visa and you changed to a longer term visa and status within 30 days of entry, will presume it that you had a preconceived intention to do so. That can be considered to be a fraud and if you’re not able to rebut that fraud presumption that can become a permanent bar from entering the USA.

    So if you try to change statuses in 30 days of entry and if you do it within 60 days they can still question it but there is no automatic presumption. If you do after 60 days they may not question. But remember even if you try to change status after 60 days you can be questioned by USCIS, CBP or even consulates about your intention. So when your parents are visiting it is important that they don’t have an intention to apply for a green card when they enter on a tourist visa. If after staying here for 3-5 months it so happens that their intention changes I don’t see any problem with that. Remember you the child, you the son or the daughter what your intentions is I do not care but your parents should not have the intention to convert into green card. If they arrived with the preconceived intention to change to green card they can have a problem. So don’t let them have that intention. After a few months if they are living here and you are able to convince them to file their green card then I think that’s ok.

    As for the question regarding birth certificate it should not be an issue because having the maiden name is common in USA as well as India. That should be ok even though her passport contains her married name and her birth certificate contains her maiden name. Under Indian laws - under Hindu Marriage Act you are not required to have any marriage certificates when you are going through a religious marriage. It only has to comply with the laws of that religion. Having a marriage certificate under religious laws is not required.

    Regarding marriage certification you can get affidavits from two people who attended the marriage. 

    As for the question about your father not having a birth certificate you do need to get a certificate of non availability from the place he was born. There is no particular format to the certificate of non availability. All it has to say is that they have looked at the records. When you have that you can get affidavits of two people who were alive when you father was born. So certificate of non availability combined with two affidavits will be required.

  14. Tuesday, 26...
    Question: My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ? Is there any rule for spouse applying visa from primary applicant's country of residence?
    Answer:

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

    https://youtu.be/3Heaadpk1Ik?t=396

    FAQ Transcript:

    Answer is yes. This is the requirement for visa stamping from US. If you want to apply for a US visa, you can actually go to pretty much any country. They are not obliged in that country to take your application but you should. US Consulates don't turn people away no matter you are from which country. They can if they can't verify degrees, for example H-1 visas or they can't verify your family ties in case of tourist and student visas. They can ask you to go to your home country. But there is no harm in asking for an apply. As of right where do you have right to apply, where do you live on the long term basis. Let’s say you are on student visa in Australia, you have right to apply for the US visa from the Australia, in the US Consulate in Australia . Or where you are a citizen, if you are resident in one place and citizen of other you can apply from both places, that's your right.   

    Everything else is called third country national processing TCM. In TCM  almost always Consulate will entertain your application but they may not be able to verify your degrees or your family ties, F-1 visa, H-1 visa, tourist visa this become problematic but you can certainly try.  There is no harm in trying. The only time TCM does not work when you are out of status. If you are out of status even for one day, under the law TCM option is taken away, Third country nationals will not be entertained unless you are in extra ordinary circumstances. In practice, however I have seen Consulates don't really make a big deal of out of status; of course unlawful presence is other thing.

    So for you Harendra there is absolutely no doubt your wife who is Srilankan citizen but living in India with your parents legally can apply for a visa to the United States, H-4 visa from India. 

  15. Tuesday, 26...
    Question: I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years. Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months. I have the following two questions: 1. What stage do I need to reach on my GC process when the remaining time on H-1B ends. 2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
    Answer:

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

     https://youtu.be/3Heaadpk1Ik?t=273

    FAQ Transcript:

    There are only two ways to extend your H-1B beyond six years. One is that you have I-140 approved. So PERM is approved, your  I-140 is approved   and if you are an EB-1 person then your I-140 is approved (NIW EB-1). So if your I-140 is approved, we don't care when your Green Card started, whether its PERM based or direct filing of EB-1, you are entitled to your H-1 extension.

    The other method is your PERM was filed a year ago or your I-140 and NIW.  In the case of first anniversary you will be entitled to 1 year H-1 extension, in case of I-140 approval you will be entitled to 3 year H-1 extension

     

  16. Tuesday, 26...
    Question: Please let us know effective when we can change jobs without having to file for I-140 again?
    Answer:

    When:
    1. I-140 is approved; and
    2. The I-485 has been pending 180 days; and
    3. The job described in green card is the same or is similar to the job you are going to;
    you no longer have to refile the green card.

  17. Monday, 11...
    Question: My wife is eligible for H-4 EAD, I know there is no formal way for expediting the process but I've seen a clause in F-1 (OPT) EAD process called "financial loss" and if you've got a job and submit the offer letter while you're waiting for an EAD to get approved, they process your case faster and you get the EAD much sooner than expected. Does this rule apply for H4-EAD as well?
    Answer:

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

    https://youtu.be/y6RtaKhuoIY?t=864 

    FAQ Transcript:

    I do not know. But let me tell you this when you look at the expedite criteria for any government document they are basically the same. If you can show government error or economic necessity or emergency or some kind of humanitarian considerations - there is five or six criteria then apply. As general observation I think it should be possible to expedite H-4 EAD if you meet the requirements. Theoretically it is possible to expedite the H-4 EAD.

  18. Thursday, 7...
    Question: Q1. Among the documents needed for filing H-4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municipal/Registration office..... is that needed even for H-4 EAD. What if the name on the Birth Certificate from Registration office is different from name on Passport? What should be done here? Any other documents etc. we need to be careful about and should be working to get ready now. (Education certificates and marriage certificate etc. we already have)<br> Q2. Would it again be first come -first served in terms of filing H-4 EAD? I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.<br> Q3. Approximately how much time it’s expected for EAD to arrive, everything going well<br> Q4. One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H-4 EAD or NOT ( in a situation if old employer revokes I-140 )
    Answer:

     

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

    FAQ Transcript: 

    A1. So far it appears to me and again we don’t have the details yet. The very least you will need is proof of marriage and birth certificate. I don’t think that is the normal requirement but I believe proof of relationship should be acquired and kept. Then the question what if the names on the birth certificate and passport are different.... we still don’t know lot about these issues I would say an affidavit explaining the discrepancy and probably making efforts to remove the discrepancy whether you want to have the passport issued under the correct name or whether you want to have a Indian court give a declaratory judgment of some kind that the name X and Y are the same person. Something like that would be a good idea. But it is not going to stop you H-4 EAD application at least in my mind. I think even education certificates are irrelevant because the h H-4 EAD is not given based upon what degrees you have it is given based upon your relationship with the H-1  holder who is at a certain level of maturity in the green card process. I am not worried about the laminated original document. That doesn’t bother me. 

    A2. First of all USCIS just roughly follows the first in first out rule. They are not always bound by that rule because there are so many variations within processing times if it is given to a particular officer which depends on what is their case load is and what if they have to take a couple of days off. It’s not always predictable that you will always be first in and first out. 

    A3. Under the regulations USCIS should adjudicate EADs within 90 days. But in case you don’t know they are finding it very difficult to keep to that time, I do not know when they get hundreds and thousands of applications are they going to keep that to that time, do they have the resources for that, I will be surprised if they are able to keep to the 90 days process but if it is merely administrative process and there is not a whole lot of investigation involved then I don’t see why not but I really don’t know. 

    A4. The government has said as long as you have one I-140 that remains unrevoked they will give us the H-4 EAD. But if the I-140 is revoked then H-4 EAD will not be given.

  19. Wednesday,...
    Question: My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?
    Answer:

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

    https://youtu.be/y6RtaKhuoIY

    FAQ Transcript:

    I would say that I think you should hold off. Don’t give up H-1 to go to H-4 EAD. There are couple of issues here. We don’t really know how far the government is going to go into investigating these cases - are they going to go to details of the H-1 status, if not it could be a simple matter to get H-4 EAD. If they start getting into status issues we could be looking at a protracted battle over the EAD issues.

    People who are thinking of going to H-1 to H-4 EAD I would suggest hold off for a couple of months and let’s see how the government is dealing with the EADs and if they are asking for too much information you may not want to convert from H-1 to H-4 EAD.   

  20. Wednesday,...
    Question: I am on H-1B visa more than 6 years. I also have I-140 approved. However my H-1B is under renewal process. I do have 'receipt of notice' but not approval notice yet. Looking at the waiting time I don't think I will get H-1B approval along with renewed I-94 before May 26th 2015. I need to file EAD for my wife on 26th May.
    Answer:

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

    https://youtu.be/y6RtaKhuoIY

    FAQ Transcript: 

    The answer is probably yes. But if you want to be even more circumspect you could even premium you’re H-1B. I mean if you are that concerned about it. Lot of these things have not been clarified but we do except them to issue a clarification before May 26th. Until then the practical approach I believe is you could apply for H-4 EAD while the H-1 extension is pending and you could, based upon the approved I-140 ask for the H-4 EAD but in the meantime you can also premium your H-1.

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