H-4 Visa

Will H-4 EAD Rule be revoked?

Question details

1) Is it true H-4 EAD rule will be revoked by the government? <br>
2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time?<br>
b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B?<br>
c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment?<br>
d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension?<br>
3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B?<br>
4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?

Watch Video on this FAQ: Will H-4 EAD Rule be revoked?

Video Transcript:

1. I don't think it will be revoked.

FAQ Transcript





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J-1 Physician applying for following to join after waiver

Question details

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

FAQ Transcript





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Changing Employers With An Approved I-140 After January 17 2017

Question details

I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), 23 February 2017

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday, 23 February 2017: 
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.

Recording of Free Community Conference Call (Every Other Thursday), 2017, February 9

Immigration.com

Citizenship and Naturalization

Substantial transcription for video

Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.

Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.

Recording of Free Community Conference Call (Every Other Thursday), 26 January 2017

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Substantial transcription for video

Discussion Topics, Thursday, 26 January 2017:
FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.

Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.

Recording of Free Community Conference Call (Every Other Thursday), 12 January 2017

Immigration.com

Citizenship and Naturalization

Substantial transcription for video

Discussion Topics, Thursday, 12 January 2017:
FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD 

Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.

Change of Status to H-4 - effect on priority date; maternity leave on H-1

Question details

1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

FAQ Transcript

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Recording of Free Community Conference Call (Every Other Thursday), 22 September 2016

Profession/Occupation

Immigration.com

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 22 September 2016:
FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card? 
Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse

Recording of Free Community Conference Call (Every Other Thursday), 25 August 2016

Citizenship and Naturalization

Substantial transcription for video

Discussion Topics, Thursday, 25 August 2016:
FAQ: Quota H-1 pending, status after 1 October; Documentation needed to prove future job offer for EB-2; Green card holder staying outside the USA for less than 12 months.

Other: Applying for H-4 EAD; Priority date transfer for old I-140; Can one stay in USA after EB-1C filing, if priority dates are not current; Confirming whether or not an I-140 case is selected for consular processing; Proving parent child relationship for green card; Filing an EB-2 case; I-140 priority date transfer; H-4 visa stamping and completing education in the USA; Changing employers after I-140 approval; H-1 extensions; Can I find out how many I-140 cases my company has filed and revoked; Incorrect category status issued to child; Naturalization and past (erroneous) visa denials; Married military personnel filing taxes as single, etc.