Hello, I am currently on H1B and I have a valid Uber filed I-140. My wife previously had H4 EAD. H4 Approval notice valid till Nov 2020 H4 Visa stamp was valid until Nov 2018 (expired) H4 EAD is valid until Nov 2020 She got her H1B visa stamped in Jan 2019, so she is currently on to H1B. H1B Visa is valid until Oct 2021 Now, she has decided to leave her current company and her new 'prospective employer' has filed her H1B transfer. Since we do not know when Premium processing will become active again, she is planning to work on H1B Transfer Receipt. If for some reason her H1B Transfer is rejected: 1. What would be the steps and how long will it take for her to move back to H4 (she has a valid i-797 approval notice for H4 but not a valid H4 stamp)? 2. Can she use her previously issued H4 EAD? Appreciate your thoughts on the same. EDIT: We spoke to her lawyer but she doesn't have enough experience dealing with such cases, hence the post. Not trying to be cheap. Wanted to get insight into real life experience that someone might have had. :-)
This is what immigration attorneys are made for. Take a 30 mins appt from Murthy man, you make tons of money why are you asking strangers for such a complicated advice ?
Immigration is often tougher to crack than the interviews themselves
Transfer me 500$ then I will answer your question
Don’t be a cheapstake and try to save a few $ by not taking expert advice.
and who is the expert in this case?
COS to H4 takes a few months, if you stay within the country. If you go out of the country to get it stamped, then it can be done as soon as the first available appointment date. I don't know if the EAD application needs to be redone or not though since she moved to H1B already. Best answered by a lawyer (and I would actually consult 2 because I've seen lawyers being misinformed too at times)
Adding my 2 cents. I'm no expert but you cannot have H4 and H1B simultaneously. Once your wife got new H1B, the old H4 became invalid along with EAD. If h1b transfer gets rejected(low probability), she must stop working, change status from h1b to h4 and also apply EAD. Once she gets EAD in hand, she can start working. All this is super complex. As someone suggested, get help from some other immigration attorney if the lawyer working on her case is not helping
If your lawyer can't help you navigate this, it might be time to look for another one...
She can if she gets a visa stamping for h4
Post it in immigrationgirl.com
Honestly, you should be talking to lawyer to consult on these options. I'm not sure if there are that many people with experience in these situations to give you valuable insight. Also, premium processing has started sometime back, so you could probably ask the employer to file for it.
Premium has not yet resumed fully..only for fresh h1b and tranfer filed till 21st dec! Read news properly!