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I have question on applying H1 and H4 EAD concurrently. Not…

Hi I have question...

Hi I have question on applying H1 and H4 EAD concurrently

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet

Lawyer's Assistant: Have you talked to a lawyer about this?

Yes, bit not yet clear

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Answered in 5 minutes by:
3/21/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,377
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So what would you like to know about the H-1 and H-4 EAD?

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Customer reply replied 4 months ago
Question:
I'm on F1 OPT, expiring in June 2018. My employer is applying for H1 on level 1. Are there chances of getting RFE? To maintain work authorization I have two options, try H1 or H4 EAD or both simultaneously? Is it possible to apply H4 while waiting for H1 ? Is premium precessing available for H1?

From reports, it looks like RFEs are up around 40% after the new administration took over, so you most likely will get an RFE. You can file a COS from F-1 to H-4 and EAD at the same time as an H-1B is filed for you, but you have to be careful. If the H-4 is approved after October 1st, 2018, then you will be in H-4 status, not H-1B.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
Thank You. does H4 EAD application eligible for premium processing as my husbands employer will file along with H1 extension application? Also, for this fiscal year is it true that premium processing for H1 is suspended?As my F1 opt will expire in June 2018. And if I apply for H1 and does't get selected through lottery but H4 application is pending , then will I be able to continue working?If H1 selected through lottery I believe I will be in cap gap so should be able to work, right?

No. There is no Premium Processing for H-4 nor the EAD.

And yes, they will be suspending Premium Processing for H-1B. Here is the official link:

https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-fiscal-year-2019-h-1b-cap-petitions

You can continue working while your OPT is valid.

And yes, cap gap will also allow you to work.

Let me know if you need anything else, but please do not forget to rate me positively. 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. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 4 months ago
can I continue work while waiting for h4 decision and after F1 OPT is expired. (H1 not selected through lottery)?

No. You either have to get the OPT extended, get the H-4 EAD approved, or get cap-gap because you are selected in the H-1B lottery.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
Thank you so much. This is all very helpful.
how much is processing time for H4 cos and EAD? Does this PP suspension applicable for H1 extensions also?

It looks like it is applicable to new H-1B cap-subject petitions, not extensions. As to how long it can take, we don't know yet. They are suspending Premium Processing so that ALL of the regular cap-subject H-1B cases will move faster.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of customers don't leave a rating at all and since I am not given a salary to be here, a positive rating is the only way the website will compensate me (which costs you nothing additional and the session does NOT close). It's as if I spent my time responding for free. So you can understand, 30% to 40% of customers not leaving a positive rating is like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

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Customer reply replied 4 months ago
Now I have concern on maintainig legal status. How long does it take for chanage of status from F1 to h4?
if we apply for H4 in april and don't receive cos approved before F1 opt expires in June 2018, will I have to leave country?I will definitely leave positive rating.

As I said, it can take a few months, but while the I-539 is pending, you are allowed to stay in the U.S.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
if I go back to my country and apply for H4 visa, will that be faster than applying to change of status from usa? And once I get H4 visa, my husband emplyoer can file for EAD? applying for EAD requires cos application or approved H4 visa?

Yes, it would be faster if you went back home and got H-4 visa stamp, but no, it would not be faster to get the EAD, sorry. The EAD has to be filed for in the U.S. and while physically present in the U.S. to be fingerprinted. So if the EAD is your main concern, leaving the U.S. is not a solution. Please do not forget the positive rating. Thank you.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,377
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you so much for the information till now. I hope I can ask more questions after this session and giving positive rating.
-

Yes, you can. Thank you for the positive rating. For this topic, just come back here and post a reply. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,377
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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