You cannot change your status based on receipt. The lawsuit (still ongoing), combined with the Trump administration’s immigration policies, has left the status of the EAD in jeopardy. If H1B is approved with COS, the approval notice of H1B would have I-94 attached to the approval notice. Got I140 approved last year. Change of status from H1B to H4 Posted: 18 Mar 2009. H1B to H1B transfer can work on receipt. I came to US on H4 visa in March 2008. You can start working on H1B only after it is approved since your current status is H4. Finally H4 to H1B Visa Change of Status. I am currently on H1B and my 6 years is maxing out this Nov 2019. Thus, only the following individuals can apply for a visa status change from H4 to H1B: The Employment Authorization for Certain H4 Dependent Spouses law, passed in May 2015, granted work authorization to many H4 visa holders. My H1 got approved in Dec,2012 which expires in Sep,2015. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. It is required for I9 compliance. H1B premium processing is currently available for ‘No change’ H1B extensions at Nebraska service center. Your H1B change of status needs to be approved before you can work on H1B. What Documents are Required for a Change of Status? There is no way to find out the exact day USCIS will approve your application. This will save your H4 EAD and any mental harassment that the delays and no-work permit may cause. Start H1B immediately as H1B change of status is also taking ages these days. h1b to h4 ead, Other Insurance - I am on H4 visa and planning to apply for EAD. Wishing you a very happy Diwali. After submitting the RFE response the H1B also got approval (approx one month after H4 + EAD approval) So now I'm on H1B status. They will issue a new i94 immediately. You need physical valid EAD card in hand to work. work authorization status of H4 visa holders, Who Is Eligible to Change Their Visa from H4 to H1B. H4 visa holders are dependents of H1B workers. Yes it is possible to apply for the H4 EAD at the same time as applying for COS from H1B to H4. H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. However, this option disappears once the J-1 spouse changes status to H1B to perform the required three years of waiver service. A post was split to a new topic: Can H4 EAD work while H1B extension is pending, Powered by Discourse, best viewed with JavaScript enabled. This turn of events has given H4 visa holders considerable incentive to transition to H1B visa status. The H1B visa cap places a stark limit on the number of H1B visas that can be granted. My H4 EAD approval came through while H1B got an RFE. Hence, if H1B extension is NOT approved before your H4 EAD expires, you cannot work. Although H4 dependents may attend school in the US and even work in the US as per the new H4 EAD rule, there may be other reasons for which these dependents seek H4 to H1B change of status. My spouse is applying for H1 Extension soon but her company is not ready to do in premium (our bad luck) hence there is no way I will get H4 extension before April 2019. My H1 was selected in 2016 lottery and approved for 1 years but I never used/stamped it as I was working on H4 EAD. Hi, My wife is working on L2-EAD as a full time employee in US. Current H1B processing times 2018 - Nebraska, California, Vermont - AM22 Tech You need to file H1B extension with Change of Status which unfortunately is NOT eligible for premium at this time. H4 visa holders could qualify for an Employment Authorization Document (EAD) if they had been approved for an I-140 (a petition for a Green Card or permanent residency), or if their spouse had held H1B visa status for over 6 years. It requires substantive credentials, professional experience, and a dedicated sponsor. Who Can Convert H4 to H1 Visa Status. 2. My plan is to convert from H1 to H4 and apply for H4 EAD at the same time, so that I can continue working here in the US itself (even The job must be for a specialty position that requires at least a bachelor’s degree 3. An individual may apply for H4 to H1 change of status if: Also, if I want to change the status from H4 back to H1B, will I again come in the H1B cap or I can used my unused petition from previous H1B. No 15 day fast result option for H1B COS, transfer, amendment, extension, Cap-lottery. Either you can be in H-1B status or you will be in H-4 status. H-1B Approved within the US without COS I am planning to apply for change of status(COS) from H1 to H4 and then apply for New H4-EAD(using my spouse approved I-140). Thanks a lot Anil for input. Avvo has 97% of all lawyers in the US. This leaves many H4 visa holders uncertain of their ability to work and seeking a change of visa status. Hi - I am in my 7th year. I have a pre existing medical condition and all the medical expenses are covered using that insurance. My spouse's company is applying for H1B this year. Consultancy company wants you to hang around with them as they know that filing in premium may work in employee’s favor. You are not going to come under H1 annual cap if you still have any time on your current H1(less than 6 years of its H1 status use). My question is that if I get my H4 EAD and a social security number, would I be able to use the same health insurance or would I … The L-1A is for executives and managers of this company while the L-1B is for employees with specialized knowledge. F1 to H1B: Your status will change to H-1B from the H-1B’s start date, even if the OPT period is valid for a few more months. Hence, if H1B extension is NOT approved before your H4 EAD expires, you cannot work. I had applied for H4 and H4-EAD extension, which took an unprecedentedly long time. Personal Loans for H4 and H1B Visa Holders! You must p… Forms Preparation fee for H4 is $95.00, H1B (New/Extension/Transfer, Amendment) is $295.00 (includes Public Access file), H1B/I-140 RFE write-up Starts at $195.00, H4 EAD $95.00 and GREENCARD/PERM/I-140 starts at $500.00, check us out at www.vesaservices.com or email at aditya@vesaservices.com At the end of the maximum period, H-1B must either change to a different status … You don’t have to wait for the EAD to come because the EAD belongs to you it will come to you anyway. Hopefully if it comes through lottery I am planning to apply for change of status to H4 which will effective from Oct 1 2018. Why Would Someone Want to Change from an H4 to an H1B Visa? Find the best ones near you. So my employer filed my H1B under premium processing. My wife's I-140 is already approved and her H1 extension is pending approval (receipt notice is already received some time back.) The 6-year limit and AC21 regulations also apply to H-4 spouses and children. Once my petition gets approved my wife will loose her status i.e., L2-EAD and has to move to H4. I will be the first, Is this a problem? I am planning to transfer my H1B to new employer. The first step of the H4 to H1B conversion process is determining if the H4 visa holder is eligible to convert H4 to H1B status. My Experience - H4 Visa to H1B work visa transfer after living in USA for 1 year. It seems I am in big trouble now and it is will difficult for me to continue my job post April 2019 in any case . My wife is in H4 EAD. Your H1B change of status needs to be approved before you can work on H1B. California H1B Consular Processing 287 days, H1B Change of Status 287 days, H1B Extension / Amendment / Transfer 287 days, Vermont H1B Consular Processing, California H1B Consular Processing 287 days, H1B Change of Status 287 days, H1B Extension / Amendment / Transfer 287 days, Vermont H1B Consular Processing. I have explained this in detail here: Changing status from H4 to H1B can be complex, and requires that you submit all of the documentation required for an H1B visa application (find a full list here). Change your visa status from H1B to H4 if you have a spouse with an H1 visa. The L-1 is a temporary work visa that is meant for the transfer of employees from a multinational company’s foreign branch to a location in the U.S. I have one last question. H1B Premium Processing Suspended for Extension, Amendment, Transfer, COS,... Can H4 EAD work while H1B extension is pending. Thus, once the waiver is approved for the J-1 nonimmigrant, the J-2 spouse must choose to either change to H-4 dependent status (and lose employment eligibility) or seek to transition to H1B or another applicable, valid nonimmigrant status to continue working, if qualified and eligible.
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