Converting from H1B to H4 with EAD

[vinay]

Hi Mr Shah,

I am on an H1B visa, well past 6 years, with a prior I-140 approval from a previous employer, with an I-140 with my current employer soon to be filed. My wife is on an H1B visa. We have a few questions revolving around her converting from an H1B to an H4 with EAD:

1. Is she eligible for the conversion to H4 with EAD? If so, what's the best way to get started on the process with you?
2. During what stages of the conversion (before/during/after) should she not be traveling outside of the US?
3. Is May 26 the deadline for applying for the EAD on H4? Or can we apply at any time after?
4. Does/should she cease to be employed at any point during this conversion? Or can she continue to work for her employer during and after the conversion?
5. We are trying to get a better idea of why she should convert versus stay on an H1B. I realize the reasons are often personal, but in the interest of making the best decision, could you detail any pros/cons? As we understand, the biggest pro to the conversion is to allow her to take time off from work without worrying about losing her H1B status. Is that correct?

Thanks, and do keep up the awesome work!
Vinay

[shah]

Hi Mr Shah,

I am on an H1B visa, well past 6 years, with a prior I-140 approval from a previous employer, with an I-140 with my current employer soon to be filed. My wife is on an H1B visa. We have a few questions revolving around her converting from an H1B to an H4 with EAD:

1. Is she eligible for the conversion to H4 with EAD? If so, what's the best way to get started on the process with you?
Since you can file the change of status and the EAD concurrently, I will recommend on May 26, 2015 to file both. Until the H4 is approved she will still be able to use her H1. Then once H4 and ead are approved, she can shift to EAD.

2. During what stages of the conversion (before/during/after) should she not be traveling outside of the US?
If she is doing a change of status, then I will not recommend traveling. Otherwise, she can just leave, obtain an H4 stamp and come back on H4 status and file EAD. Note that I will not recommend filing the EAD then leave because of the rules of status might apply.
3. Is May 26 the deadline for applying for the EAD on H4? Or can we apply at any time after?
No it is not a deadline it is when people can start applying. That means you can also apply after May 26, 2015
4. Does/should she cease to be employed at any point during this conversion? Or can she continue to work for her employer during and after the conversion?
Not in her case since she can continue on her H1 except if the H4 is approved before the EAD then technically she cannot work until she receives the EAD
5. We are trying to get a better idea of why she should convert versus stay on an H1B. I realize the reasons are often personal, but in the interest of making the best decision, could you detail any pros/cons? As we understand, the biggest pro to the conversion is to allow her to take time off from work without worrying about losing her H1B status. Is that correct?
Well an EAD is more flexible including:
1. You can change job anytime;
2. No need for specific positions (specialty occupation or not);
3. Any salary she wants to take;
4. Open her own business.

Etc

Thanks, and do keep up the awesome work!
Vinay

See my answers just below your questions,

[shah]

What you need to know about H4 employment authorization

H4 EAD –
DHS is extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B non-immigrants who are seeking employment-based lawful permanent resident (‘‘LPR’’) status.
USCIS will start accepting H4 EAD applications on MAY 26th 2015.


http://www.peerallylaw.com/h4-employment-authorization/

[Unregistered]

Hello,

I have the exact same question person above.I'm currently on H1B and would like to change to H4 and apply for EAD. My husband's I-140 is approved and he is currently on extension.
My questions are
1. I can concurrently apply for H4 change of status and EAD - what are the documents required for this?
2. Can i continue my current employment and until i receive notification on change of status? Just in case the H4-EAD petition is declined will i loose my current H1b status?
3. Do we file directly with USCIS on May26th or do we need attorney's help for this?

Much Appreciated
Thanks
Divya

[shahpeerally]

1.yes you can
2. Yes youcan until h4 approved
3. Contact us for the checklist once you hire us we will craft a custom checklist. Call 5107425887

[Unregistered]

Request more clarification on point 4

See my answers just below your questions,

Where can I read the exact text of the DHS regulation that the applicant changing from H1-B to H4 can work until H4 CoS is approved? I have been reading conflicting opinions on this point.

Thanks.

[shah]

Where can I read the exact text of the DHS regulation that the applicant changing from H1-B to H4 can work until H4 CoS is approved? I have been reading conflicting opinions on this point.

Thanks.

It is not a rule, it is what they have decided. See their FAQs

http://www.h4toead.com/p/h4-faq.html

[Unregistered]

It is not a rule, it is what they have decided. See their FAQs
http://www.h4toead.com/p/h4-faq.html

I cannot locate a comment related to the point above in the FAQ link you provide. But in the mean-time I did find this

http://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf

On page 3

"When can I engage in the activities under the new nonimmigration status for which I am applying?"

"You may do so only after we approve your application for change of status."

That would imply that an H1B applicant who is hoping to convert to status as H4 dependent, will remain in H1B status until H4 CoS is approved.

[Unregistered]

converting from H1B to H4 with EAD while on maternity

Hi Mr Shah,

I got the point that if one is on H1B and changing to H4 EAD, he/she cannot work once H4 is approved but the EAD. I wanted to know if someone is on maternity leave (unpaid and based on FMLA) and then apply this whole process, would the unemployment would still be applicable. I would appreciate if you please throw some light on this scenario.

Thanks.

[shah]

Unemployment I don't know because it is based on the State but she can go on maternity leave under H1b.

[shah]

This video might answer some questions on this matter

[haskeljk]

Is it possible for all visas or just for H4 visas?

[HaroldWard]

1.yes you can
2. Yes youcan until h4 approved
3. Contact us for my viasil review posted here the checklist once you hire us we will craft a custom checklist. Call 5107425887

You can apply for H1B transfer while on H4 EAD. Since you are on H4EAD work permit, you can keep working on H4EAD status until your H1B transfer is finally approved and your status is changed to H1B.