F1 visa -> H4 EAD

Mar 30, 2020 14 Comments

Hi,

My wife dint get her H1B picked. She has one more chance next year.

Given that i have my i-140 approved from my previous employer, can she move to H4 EAD if she dint make it in lottery next year ? Also, should my i-140 be with my current employer ?

Thanks

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TOP 14 Comments
  • I am in the same situation! I am on F1 and This Year is my last chance for H1 so I will wait for my immigration representatives to inform me if my application has been picked or not until tomorrow .

    My spouse has I140 with the current employer so we have started the H4 EAD application recently. If my H1 gets picked then we can withdraw the F1 to H4 (Change of status) and H4 EAD application. My spouse’s attorney did the whole process for us! You will bave to contact your current employer’s attorneys and they will guide and help with the whole process. For us it was really quick and easy!
    Mar 30, 2020 1
  • Walmart
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    Go to company page Walmart

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    I am in a similar boat. I have heard that the decision on H4-EAD is still pending.. not sure if they would have this process for next year.
    Mar 30, 2020 1
  • Apply as a citizen, the company doesn't need to do anything special. You get an SSN. Ask your lawyer. Or you can make a company and hire yourself as any contractor. Ask your accountant.

    Both of these you can spend about $250 and get all your questions answered.
    Mar 30, 2020 3
  • You need a current I-140 to get the h4 ead I believe, consult a lawyer for a definite answer. But my wife has successfully *extended* her ead after I changed jobs and before my current employer filed for I-140.

    Do not worry about pending decisions as they've been pending forever. Do the best you can while you can. The number of eads in this state is so small that it doesn't make a difference to the workforce as a whole.
    Mar 30, 2020 2
    • So one can switch jobs and still apply/extend H4 ead on previous employer’s I-140? How long did it take for the ead to get approved in your case? I’ve been hearing that uscis is significantly delaying ead approvals by many months.
      Mar 30, 2020
    • Yeah it was delayed, 4 months I think, but you can still work while the case is pending, (was written on the i797) so there was no disruption.
      Mar 30, 2020
  • How is uscis sending out rejections? I thought the deadline was 31st March so until then your status is either picked or pending right?
    Mar 30, 2020 1