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H4 EAD with H1B/H4 visa expiring on 9/1/2015

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  • H4 EAD with H1B/H4 visa expiring on 9/1/2015

    Hello,

    While I have my I-140 approved 2 years back and I am currently on H1B visa with my spouse on H4 visa.
    My current H1B visa will be expiring on 9/1/2015. My employer will be applying for H1B visa extension around June-July 2015 timeframe.

    So my question is how will the H4 visa EAD application/approval process impact us.
    As on May 26, 2015, when we will apply for H4 EAD, my spouse will have a valid H4 visa expiring on 9/1/2015.

    Questions:
    1. Will our EAD get rejected because of the H1/H4 visa expiring slated on 9/1/2015?
    2. Will we get our EAD approved by August 2015 (assuming the 90 day approval window) with an expiry date of 9/1/2015?

    Any help over here will be appreciated?

  • #2
    1. Based on existing laws and the new rule, it should not be rejected if the extension is pending. However, if the h4 is not approved by Sept. Then until the new extension is approved no ead will be issued.
    2. You might want to have the ead filed after extension is filed. I will recommend filing your extension asap.
    If you need help. Call us 5107425887
    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.

    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.

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