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admin | Office Exercises | 03.01.2014
This is part 3 of ourA  FAQ series of the H4 Visa EAD rule was passed by DHS with effective date of May 26, 2015.
If we can start a business on H4 EAD, can the H4 visa EAD holder start the business with the receipt number or they have to wait till approval? A: The EAD card is not like an H-1B transfer in which you can work based on the receipt in certain circumstances. A: There is no premium processing for the H-4 application itself or for the EAD application. A: Yes, the EAD for H4 visa holders is not restricted to any particular type of employment. Can the EAD holder on H4 visa status work for an employer and do or own business together at the same time?
A: Yes, H-4 status EAD holder can do both working for an employer and doing business at the same time.
E-filing is available for the I-765 form; however, the H-4 EAD is not yet listed as one of the eligible categories for e-filing.
When COS from H1B to H-4 status and EAD, will the H1B status be lost on approval of H4 or after approval of both H4 and EAD? The second part of the question related to a possible denial of the H-4 change of status is too case-specific to address here.
A: Yes, an individual who has been working in H-1B status and then changes status to H-4 can change status back to H-1B at a later time without being subject to the cap since he or she has been previously counted under the cap.
Thanks again to Emily for kindly helping us answer the third set of questions and writing for us.
My question is that in case of employer based green card is it mandatory for the employer to file petitions for green card to both, his employee and spouse (on H4 visa)when the employee has been married for six years. Employer will rely on his employee to provide details of dependents who need to be included in the green card application.
It is recommended to apply for amendment of other documents and get it corrected first, it is a mandatory requirement to get it corrected, if any changes are done like name.
2) If I apply H4 ead for my wife now Is it going to affect in any way as i have to apply GC- EAD for her later (whenever the date becomes current)?
2) Do I have to remain in US till this EAD gets approved or I can come back and then I can again go back to US. You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending.
Now, I am planning to extend my wife’s H4 EAD (which is valid till April 25, 2016), based on my new H1B approval notice.
One of our readers, Praveen has attended H1B and H4 A visa interview along with his family in Mumbai earlier this year. First of all i would like to thanks to the editor of this website who has started such a good webpage in which we can get each and every information regarding USA.A  I too had very good experience and I too had prepared myself well in advance by the help of blogs present here and successfully got visa stamped ?Y™‚A  Let me share you my experience and also some of pet question which VO asked during interview. My experience was good but I too have some question from embassy which I will explain here. On gate I showed my OFC appointment letter and my PP, which one of VFS guys verified and guided me to go in ( I was accompanying with my wife and my 3 yr. After entering the premises I saw 10-12 counters where all Indians were sitting, and there was big screen in front of you where you can check the token number and as per your turn you can go to the counter window. Me: (I was not expecting this question at least from her) I said, its new opportunity for my there.
Me: I gave it to her ( for biometric they dona€™t take pics of kids less than 5 years old, one has to take pic as specified in standard with him while going for biometric). The OFC center Lady struggled bit to adjust kids pic on wall and focusing her camera, after few min she returned it to me( they don’t take Kids finger print). At 08:00Am I was in at consulate premises, before entering the consulate at gate they scanned our documents and warned not to carry any USB, Cellphone, CD, Hard disk which I was not carrying. Before me there was 2 students and one of the guys(crew visa) waiting for interview and I was also observing other counter, one can listen easily what VO asking to other candidate, someone trying to convince the VO and the VO was not satisfy and issuing white slip and for some VO was taking long time while interviewing. This was my experience, now I am sharing some set of questions which VO asks, and which I prepared and made list for my own interview hope it will help some of users. Whata€™s your designation in [Previous Company] and what’s your designation in the [New Company]? I filed a H1B it got picked in lottery, But to my application got RFC, Which is answered 1 month back.. I am planning to attend an important Family function in India, I have below questions, could you please clarify me. My H1B Stamping Experience ( Taken the original experience and posted to article for everyone’s benefit. My Current Visa and Petition is getting expired in this month Sept 2015 and I got my I-797A approved and extended through premium processing with the same employer for next 3 years. Foreign Nationals that require an H1B visa to work in the USA, must first obtain an H1B Sponsorship Employment Offer.
The H1B is the most sought after US work visa and US Immigration requires 'every' foreign national to obtain a visa in order to legally work in America.
The H1B visa enables US employers to hire foreign professionals to work in the US for up to a total of six (6) years. The H1B worker's family may also be permitted to live in the US during the period that the H1B visa is in effect, but can not be a paid employee while on an H4 visa.
For every H1B visa petition filed with the USCIS, there must be included a Labor Condition Application (LCA) certified by the U.S. The USCIS has announced that after completing a policy review that it was clarifying that to avoid H1B quota limits, individuals who spent one year outside of U.S.
The USCIS has also announced that after completing a policy review that it was clarifying that "any time spent in H4 status will not count against the six-year maximum period of admission applicable to H1B workers. US workers and H1B workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
H1B 2015 Visa: News, Quota, Cap, Requirements, Jobs, Work, Employment, Sponsors, Employers, Transfers, Processing, Status, Extension, Application, Fees, Filing, Stamping. Our mission is to help immigrants through the complex United States immigration system with a specialization in the H1B Visa Work Program.
We are dedicated to providing current information and resources to assist in obtaining United States Visas, Green Cards and Citizenship.
Apply H1B Visa H1B Visa Application Tracker Launched – Beta version – Add your Case !

H1B Visa Tracker is a simple solution to keep track of your H1B Visa application processing time and share it with others for better understanding of the overall processing times…. As A this is a collaborative initiative and relies on usersa€™ data, A we request all of you to take time to enter your case details and update them frequently as and when there are any changes in the status of your H1B Visa application. One suggestion is – When some guy comments on any thread, add a link to that name field which will directly show his Visa Details. Question and AnswersAnyone got petition approval from Vermont Service Center for Regular H1-B ProcessingH1b Approval notice returned to USCIS due to undeliverable address. Recent Commentslarsonandtubro on H1B Visa 2017 a€“ News, Quota, Cap, Predictions, Lottery, FAQsrahul on Are you too old to Study in USA ?
Since the announcement from the US DHS (Department of Homeland Security), to implement certain amendments for H-4 visas, it is impertinent we look at what these visas mean to the layman.
Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse.
As part of immigration laws the US is making provisions to implement some amendments to the H4 visas this year. The Department of Homeland Security has proposed “work authorization” access to spouses of highly skilled immigrants. You can check out the second part of H4 EAD FAQs a€“Part 2 a€“ I-140 Change Employers, L1B, CPT, written by Emily, who is a highly qualified immigration attorney practicing only immigration law for over 10 years. It can be full-time, part-time, multiple employers, short-term multiple employers, independent contractor (i.e. In general, if an H-1B holder loses a job and falls out of status, the H-4 holder would also go out of status. Instead, you must actually have the card in your hand before you are eligible to work, even if it is for your own business.
The bigger question is whether itA shouldA be submitted without the assistance of an attorney. In general, a properly filed application to change status to H-4 is unlikely to be denied unless either the main H-1B holder is out of status or the H-4 applicant is out of status. The EAD application requires you to submit your H4 status I-94 card, which you will only receive upon entry to the U.S.
This particular EAD is not the same as the EAD that an individual receives based on a pending I-485. I have a H4 visa, and basis the i140, have applied for EAD which is under receipt and is in process.
This would also entail taking up an internship for about 2-3 months during the middle of the 12 month course. You can check the DL office, if they can take the new passport and give you DL with the updated name.
You don’t need to get H-4 visa stamped immediately as long as you apply for COS and it gets approved. Preferably this should be done from home country as this will be your first H-4 visa stamping. So time-wise there wouldn’t be a difference as EAD will take 2-3 months in both instances (COS + EAD vs stamping + EAD). I don’t want to come back to India for h4 stamping and again go back to US for H4 EAD application. So applying for COS doesn’t solve any purpose if you plan to leave US within 1 month.
But if you want to take that risk, then have contingency plans like going to home country and getting it stamped etc in case of running into issues in MX. So if your plan is to apply for it and then leave for India and return to work for an employer, then keep in mind the timelines. He has taken time to write up a detail visa stamping experience, including set of questions he used to prepare for the interview. MTNL building in Bandra Kurla Complex, there as it was Sunday I was expecting lot of crowd, which stands true.
Then they took my pic and my fingerprint of both hands and I left the premises.A  The day was cool, whole process took hardly 10min.
At entry a guy again check our PP and guided us to seating area.A  We seated there, after 20-25Min they said our row to move inside consulate main building area where VO sits. In front of me the VO seems to be in good mood and easy but at other row VO was not easy and asking too many questions.
Everything went well but VO has kept my case in Administrative processing, more over he returned all the three passports of mine, wife and my kid. I do know that in the past there were some changes indicating that some of these consulates do not accept stamping for Third Country Nationals. My Wifea€™s H4 visa is getting expired in this month itself (Sept 2015) and I was not knowing that we can include H4 extension request with H1B extension. If someone working at petitioner owned location for a client project, is client letter a must? One of the things that makes the H1B so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa which means the H1B worker can continue on to obtain a Green Card for Permanent Residency in the USA. An H1B holders Spouse and children (under the age of 21) can move to and live in teh USA with the H1B holder - but they can not work unless they obtain their own work visa. US workers employed by an H1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H1B worker in an essentially equivalent job. However, if the person is already in US, he or she can obtain H-4 status by filing Form I-539 for change of status.
The demand for skilled workers is so huge that the Govt is mulling over the idea of making slight amendments to its visa provisions and make use of the skills of workers, who would have otherwise not been employed. 1099), self-employed business owner, employment through a staffing agency, paid, unpaid internship, or not working at all. It really will depend on the specific circumstances of the H-1B holdera€™s situation and a qualified immigration attorney should be contacted if this situation arises. In certain emergency situations, itA mayA be possible to expedite a pending EAD application, but expedites are usually limited. An application filed by an attorney does not get any special treatment, but an attorney will generally be able to ensure that the application is properly filed to the right address with all of the necessary documents. What this means is that there is a potential that the H-4 will be approved and the EAD may be delayed. If this occurs, a qualified immigration attorney should be contacted to discuss the options in the event that an H-4 change of status is denied.
Or should I get the H4 visa first, then come to US with that visa and then from US only I will be eligible to apply for EAD?

A pending I-485 makes an individual eligible for Advance Parole and that endorsement is usually included on the EAD card. However, if employee decides not to provide spouse’s name, then employer cannot compel them to do the same. Do I have to change name on I797 and I94 before applying for DL and H4 EAD or name change on new passport is enough? While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond.
So I am planning to get married in US, Go to Mexico next day for H4 stamping and then apply for H4 EAD from US.
It is very well written experience and worth reading for anyone planning to attend H1B visa interview.A  Thanks to Praveen for taking time to share his experience with our readers. A I enquired some were for tourist visa some for crew visa some for student visa and some for PR, all of them made a queue at consulate gate, I too joined them and stand in queue, the VFS guy outside started checking everyone’s PP and scanned the sticker behind it.
I can see that my case in Administrative processing where in it says it can take server weeks. I was recently shocked (nov dec 2015) when a few persons who have been early to US on fake education and exp on h-1 visas returned to india and applied again using same documents and got the visas again.
I suggest you check the current status on the consulate websites of these countries and get confirmation. Now I have applied for H4 extension and received the receipt as well with case number and still ita€™s under process.
The memorandum FAQs you have given are related specific to the establishment of employer, employee relationship. The Sponsorship Job Offer Must be obtained from a US Corporation that will File the H1B Visa Application. The quota system is how the US Immigration Bureau (USCIS) determines and controls the number of new H1B visas that can be applied for and issued during a Fiscal year.
General Accounting Office, enforcement limitations and procedural problems render these protections ineffective. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. In addition, an H1B dependent employer or willful violator must offer the job to any US worker who applies and is equally or better qualified for the job than the H1B worker.
Another improvement would be a filter, meaning one could list only entries for WAC or those that are Approved.
Do enter your information in the system and encourage others to use it as well, and update their statuses in a timely manner. Perhaps as the myUSCIS online tool is rolled out, online filing may become a more hassle-free process.
This would cause an individual in H-1B status to potentially be changed to H-4 without an EAD and unable to work until the EAD card is eventually issued. If yes, Whats the process as H1 B company is not allowing him file I539 again for my name change only.
Can I apply for EAD with the approved I140 of company A (with the H4 visa still under the company A) or do I need to wait until my H4 visa with company B comes? Also, can you please let me know if I need to do my H4 stamping, which city in Mexico will be the best option? If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Our attorney suggest that we shouldnt take the interview waiver and should attend the itnerview in person so we can provide with the necessary documents about acquisition.
Due to some personal emergency Ia€™m traveling to India next week (18th of Sept) with my wife. Individuals can Not apply for their own H1B visas, only US Corporations can apply on their behalf.
The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers for the purpose of breaking a strike, or for the purpose of replacing U.S. Ultimately, the employer, not the Department of Labor, determines what source it will use to determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The US Department of Justice has the authority to investigate complaints of failure to hire qualified US workers. If you intend to travel, you will need a valid H-4 visa stamp in order to return to the U.S. Since, my last name is different in my I-797 and older passport what supporting documents will be required. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center. After receiving the approvals for VISA extension, I immediately applied for H4 EAD renewal. But from what I heard, we can’t override the interview waiver and schedule an appointment. The H1B employer must offer the worker fringe benefits on the same basis as its other employees. H1B workers may work for more than one USA sponsor, but must have a Form I-129 petition approved by each sponsor (employer).
Also, the employer may not require the H1B worker to pay a penalty for leaving employment prior to any agreed date. Corporations hiring H1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.
Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
It should be noted that the immigration official has the power to limit a foreigner's stay irrespective of the visa expiration.

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