Advice on H1B Visa status change

Amazon
NhRQ68

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NhRQ68
Mar 21, 2021 10 Comments

Hi all,

To give a brief context on my Visa status, I am currently on L1 (expiring Feb 2022) with my spouse on L2 Visa currently working on L2 EAD (expiring in Oct 2021). I have my H1B Visa approved (I-140 approved as well) but not stamped yet which would be expiring in May 2022. I was planning to get the Visa status changed to H1 B (H4 For my spouse and H4 EAD), instead of filing for the L1 B extension (don’t want to forego the H1B). I have plans to travel India in June 2021, if not possible due to any Visa issues then would want to travel in October 2021 for sure. Following are some of suggestions I can come up with based on the discussion with attorney:

Option 1: Travel India in June 2021 and get H1 and H4 stamping done upon return. Apply for H4 EAD once returned to US.

Option 2: Apply for the H1 change of status, H4 change of status and H4 EAD right away while in US. Drop the plan to travel to India in June and travel in October instead. Assuming that by October 2021, I would get the H1 B change of status and H4 change of status approved and H4 EAD would at max be in pipeline or approved. In either case, would be possible for me to travel to India in October.

Seeking suggestions/advice on the below. Would be really helpful if I can get some inputs here:

1. Based on the your past H1/H4/H4 EAD experiences, which one out of the options listed above seems more suitable ?
2. If let say I change the company on the H1 B visa status, what would be the impact (if any) on the H4 Visa and H4 EAD in that case ?
3. Roughly, how much time would the H4 EAD approval take if the H4 is already approved and stamped (per Option 1 above) ?
4. I got to know that there is a recent change in H4 change of status process if we apply from US itself which still requires the biometric appointment (per Option 2 above). Any idea on tentative time by when the H4 and H4 EAD would get approved ?

Please let me know of any other better alternative options.

TC: ~ 200k

#h1b #h4visa #h4ead #h4eadprocessingtime

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TOP 10 Comments
  • 200k and still cheap to hire a lawyer. πŸ€¦β€β™‚οΈ
    Mar 21, 2021 1
    • Amazon
      NhRQ68

      Go to company page Amazon

      NhRQ68
      OP
      Actually the attorneys do not really comment on processing times. Thus wanted to get a sense of times based on other’s experiences.
      Mar 21, 2021
  • New
    Acbxzy

    New

    Acbxzy
    H4 is taking about 6 to 8 months. Add another 6 months for H4 EAD.
    Mar 21, 2021 7
    • Amazon
      NhRQ68

      Go to company page Amazon

      NhRQ68
      OP
      Got it. Are you also considering the visa stamping from Canada as well ? Is there any issues with that?
      Mar 21, 2021
    • New
      Acbxzy

      New

      Acbxzy
      I'm not sure about Canada. I think your first stamping has to be from your home country. Why don't you ask the company attorney? They will best answer your question.
      Mar 21, 2021