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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have H1b valid through 06/23/2016 ( With I 140

Customer Question

Hello,
I have H1b valid through 06/23/2016 ( With I 140 approved).My spouse has H1B and her H1b 6 year is maxing out on 09/28/2015.I would like her to get H4 EAD by filing my H1B extension in premium.
Can you please help me on this
Biswanath
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Why do you need to do your H-1B extension yet? You are still more than 6 months out. Why doesn't she just do change of status from H-1B to H-4 and apply for EAD at the same time?

Customer: replied 1 year ago.
Hi Guillermo,
She is employed right now.And if she gets the EAD she could join back to her employer.If I apply a H4 it takes 8-9 months and her employer is not ready to wait.Her employer had filed Green card processing on 03/16/2105 but the labour is still pending.So She has already got a schedule with Counselate out side of US(India) to appear for H4 but We wnat to see if there is any alternative way as we have a new born baby to take care who is only 40 days old as of today.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, you getting H-1B extension using Premium Processing doesn't help her. There is no Premium Processing for H-4 status either. The best that you can hope for is to ask that the COS to H-4 and the EAD be expedited. Here is a link:

http://www.uscis.gov/forms/expedite-criteria

If she goes home for H-4 stamping, that is a way to get the H-4 status faster, but that does not help her get an EAD faster. She still has to file the I-765 and would still need to ask for expediting.

What she can try to do is recapture any time she spent outside of the U.S. during the 6 years she was on H-1B by filing an new H-1B petition in Premium Processing. Hopefully that will be enough to give her more time to file the COS and EAD or long enough for a PERM to be approved and I-140 done in Premium Processing to be approved so that then she can file another extension of her H-1B status. There are those options, but you filing H-1B extension in Premium Processing does help her get an EAD faster.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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