H-4 EAD

Substantial transcription for video: 

Discussion Topics, Thursday, 20 April 2017: 
FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.
Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.

Can a revoked I-140 help for H-4 EAD?

Do we have any more clarity whether the revoked I-140 can also be used to apply for new H-4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.

Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?


Video Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Consequences of I-140 revocation

1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140).
2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?
3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?

Watch the Video on this FAQ: Consequences of I-140 revocation

Video Transcript

1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Do jobs have to be same or similar when I port my priority date?

1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-4 EAD changing back to H-1

1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?
2. Do I have to leave the country and get stamped and re-enter with H-1B status?
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval?
4. How many days will the process take to change status?
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Changing employers after 6 years of H-1 are over

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year.
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

FAQ: What if I never joined the employer who sponsored me for green card; What if I move back to home country while my green card process is still pending; Can I go back and join an employer who has my I-140 approval, but I left them; What if I move back to home country while my green card process is still pending; Filing two quota H-1 petitions simultaneously through different companies; Changing employers after 6 years of H-1 are over; H-4 EAD changing back to H-1; Do jobs have to be same or similar when I port my priority date; FAQ: Is it legal to do business in home country while working in USA on a visa; Consequences of I-140 revocation; Consequences of I-140 revocation.

Other: Extension of H-4 while I-485 is pending; Removing conditional status in a conditional green card through marriage I-751; H-1B issues; What to do/options if H-1 is denied; FAQ: Doing business in the USA on a B-1/B-2 visa. 

"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

My I-140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Revoke H-4 EAD Regulation

If Trump administration tries to revoke H-4 EAD through rulemaking /congressional Act, is there some way for the H-4 community to fight for it in the court to retain the H-4 EAD? What are the least possible ways to fight for it?

Watch the Video on this FAQ: Revoke H-4 EAD regulation


Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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