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Thread: Does H1B holder candidate eligible to Apply DA while waiting on U visa Approval?

  1. #1
    Junior Member
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    Does H1B holder candidate eligible to Apply DA while waiting on U visa Approval?

    Hi All,

    I would like to get advice for my friend Does H1B holder candidate eligible to Apply DA(deferred Action) while waiting on U visa Approval? Please suggest your expertise advise.

  2. #2
    Senior Member
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    Quote Originally Posted by Allen1 View Post
    Hi All,

    I would like to get advice for my friend Does H1B holder candidate eligible to Apply DA(deferred Action) while waiting on U visa Approval? Please suggest your expertise advise.
    What do you mean by Apply DA while waiting in U visa approval? If you mean Apply EAD once DA approval, then read below


    There are no rule for H1B can get DA EAD or not. But if He is in active H1B, don't apply for EAD and wait for U visa approval. Again, It's my suggestion, but Tell him to contact his H1B and U visa lawyers.
    U visa filed Sep-2015
    Notice date Sep-2015
    Bio Oct-2015
    No DA

    http://www.splawforum.com/threads/18...rocessing-time

  3. #3
    Junior Member
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    Quote Originally Posted by Allen1 View Post
    Hi All,

    I would like to get advice for my friend Does H1B holder candidate eligible to Apply DA(deferred Action) while waiting on U visa Approval? Please suggest your expertise advise.
    Remember one thing H1B is Status and DA is not a Status. The above statement is to lose your H1B status for DA, which is really wrong step. At the time of approval of your U visa your application will be reviewed for any violations (out of status included). So its better you don't face those hard times. My advice is stick to your H1B and maintain as long as you can.

    Suggestion given is from my experience from reading lots of forums/social sites and discussion with my attorney. Hope this info helps.

  4. #4
    Senior Member
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    Quote Originally Posted by uvisa2015 View Post
    Remember one thing H1B is Status and DA is not a Status. The above statement is to lose your H1B status for DA, which is really wrong step. At the time of approval of your U visa your application will be reviewed for any violations (out of status included). So its better you don't face those hard times. My advice is stick to your H1B and maintain as long as you can.

    Suggestion given is from my experience from reading lots of forums/social sites and discussion with my attorney. Hope this info helps.
    Indeed Agree....!!
    U visa filed Sep-2015
    Notice date Sep-2015
    Bio Oct-2015
    No DA

    http://www.splawforum.com/threads/18...rocessing-time

  5. #5
    Senior Member
    Join Date
    Apr 2018
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    Quote Originally Posted by Allen1 View Post
    Hi All,

    I would like to get advice for my friend Does H1B holder candidate eligible to Apply DA(deferred Action) while waiting on U visa Approval? Please suggest your expertise advise.
    If your friend has H1B status they can still apply for a U Visa. The H1B is granted for up to 3 yrs and can be extended once. If they are able to maintain the H1B then they will be able to legally work and remain in the country. There is no reason that they can’t apply for both but as far as deferred action it only is relevant if they go out of status. And just for the record U Visa actually wipes out any over stay.

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