Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. Anybody can be a member of this forum – you do not need to be a client to be a member. If you have any question feel free to call us at: 510-742-5887 or send us an email at: [email protected]

Sign Up to Post on this forum

Disclaimer: We take no responsibility for accuracy of information provided , please use at your own risk. Note: Please do not post any negative comments or remarks about any person or organization. Do not post personal information details. Courts and government agencies can require us to disclose your email, IP address. etc.

Announcement

Collapse
No announcement yet.

H4 - F1 Now F1 to H4

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 - F1 Now F1 to H4

    Hi,

    First of all thanks a ton for helping us by doing radio show and also helping us through this forum.

    I have many many questions related to H4 EAD. Lemme give you a brief review about my case here.

    I am currently on F1 visa and is doing my masters in ITU. I will be graduating in May 2015. Current i am working on CPT with company X. My CPT ends on MAY 10th. I Also filed my OPT recently hoping it would come in time so that i can work for the same company even on OPT.But these days i am hearing a lot of horror stories about ITU students OPT's being kept on security holds for long long time and people who applied for thier OPTs in October havent got thier OPTs yet. My worry is if i dont get it by MAY i end up loosing my job which i am currently doing.

    My husband currently have I-140 approved with company A which is his current company. His company got split into two. One big company(B) and one small company(C). And he will be with company C after the split.

    MY questions:

    1)So after the split will he still be having the approved I-140(Since it is filed under the name of company A) ? Am i eligible to apply for H4 EAD with that?
    2)Can i apply for COS F1-H4 and H4 EAD together?
    3)If i dont hear any decision on my OPT by MAY 26th, Can i still apply for H4 EAD on may 26th? Both my filings might be in parellel. What issues i might face if i did so?
    4)I got my H4-F1 cos approved in JAN 2014 but did not go for stamping. Will that be a problem?

    Thanks,

  • #2
    Originally posted by Unregistered View Post
    Hi,

    First of all thanks a ton for helping us by doing radio show and also helping us through this forum.

    I have many many questions related to H4 EAD. Lemme give you a brief review about my case here.

    I am currently on F1 visa and is doing my masters in ITU. I will be graduating in May 2015. Current i am working on CPT with company X. My CPT ends on MAY 10th. I Also filed my OPT recently hoping it would come in time so that i can work for the same company even on OPT.But these days i am hearing a lot of horror stories about ITU students OPT's being kept on security holds for long long time and people who applied for thier OPTs in October havent got thier OPTs yet. My worry is if i dont get it by MAY i end up loosing my job which i am currently doing.

    My husband currently have I-140 approved with company A which is his current company. His company got split into two. One big company(B) and one small company(C). And he will be with company C after the split.

    MY questions:

    1)So after the split will he still be having the approved I-140(Since it is filed under the name of company A) ? Am i eligible to apply for H4 EAD with that?
    2)Can i apply for COS F1-H4 and H4 EAD together?
    3)If i dont hear any decision on my OPT by MAY 26th, Can i still apply for H4 EAD on may 26th? Both my filings might be in parellel. What issues i might face if i did so?
    4)I got my H4-F1 cos approved in JAN 2014 but did not go for stamping. Will that be a problem?

    Thanks,
    Thank you for your kind words.

    I agree with you on the "horror stories" since we have been getting several calls on the matter lately.

    1. At this point, if there is a good "successor in interest", the I-140 should still hold provided the change was done properly and it is hard to know unless you get actual information on the "splitting"!
    2. Clearly on the rules, it seems that H4 COS and the EAD can be filed concurrently. Read
    http://www.peerallylaw.com/h4-ead/
    3. Yes you should be able to apply for H4 EAD even if OPT is pending.
    4. Stamping is no issue. If you travel use H4 stamp.

    Note that the above are just quick answers, if you want a detailed consultation please call us at 510 7425887

    Thank you.
    Shah
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Comment

    Latest Post

    Collapse

    Working...
    X