2 Liberty Sqauare, Floor 8 Boston, MA 02109 (617) 523-5689 http://www.immigrationboston.com In the case of H1B petition status extension or change of status, proper documents that the employee has maintained the current status like pay statements, coursework, class attendance, need to be produced. The H1B employer must then file a petition with the USCIS. My H1b got approved this year to start from Oct 1, 2017 with a 1 year validity. Once my petition gets approved my wife will loose her status i.e., L2-EAD and has to move to H4. Note that this post assumes that you otherwise qualify for an H1B and only addresses the issue of changing status from a J2 to an H1B. The fact this rule change was announced on the day this year’s petitions began to be accepted, means that there was no chance to amend or revise any H1B visa petitions. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. B-1/B-2 to H-1B Change of Status. If not is it better to apply for my own green card application and apply for extension of H1b visa. The way this works is this: even though you apply for adjustment of status, you keep your H-1 or L-1 status, UNLESS you USE a marriage-based EAD card. So I would apply for the H-4 and EAD simultaneously, with the requested change of status date of 180 days in advance. While it is possible for an individual to change status from B-2 to H-1B, he or she may run into a few issues: First, if an H-1B visa is not currently available, he or she will likely have to wait for an employer to petition for him or her until April of the following year during the H-1B lottery process. H1B Cap-Gap: The H-1B “cap-gap” is a period of stay and/or work authorized by USCIS and ICE for F-1 students whose student status, OPT or grace period expires after an H-1B Change of Status petition is filed but before October 1, the beginning of the next fiscal year. During my recent visit back into US, I used AP to enter the country and subsequently I've changed to a different job using my EAD. when i check the online status it shows that “On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another … Can I continue to work on H4-EAD or do I need to do change of status(COS) to H1B. By denying your change of status to H1B, the USCIS made a determination that you have violated your F-1 status and you are no longer considered to be maintaining status. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . Dilemma for J-2 Spouse Working on the EAD. These are the common issues that initiate an RFE. At the same time as of October 2005, you also had a pending I-485 (AOS) and approved EAD. Processing times last updated on : February 21, 2021 (GMT) Latest processing times for I-485 EAD are daily pulled from USCIS website. It looks like you were in H-1B status until January 7, 2006. Your current status H4 will stay with you until the H1B application is finally approved by USCIS. You may be able to get an H1b abroad depending on all of the facts in your case. The process itself is pretty straightforward, you file a change of status along with a new h1b. You should start work for an H1B employer only after your status is changed to H-1B. H1B and other work visa notes: There is an USCIS exemption for H1 and L1 visa holders. At that point, you have a pending status. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are allowed to work in the United States for a specific time period. Your spouse may have to wait for the issuance of the EAD in … Do i have to file COS (change of status) from L2 Visa to H1B (or) status is automatically changed from L2 to H1 from Oct 1, … Hence, if H1B extension is NOT approved before your H4 EAD expires, you cannot work. Receiving an EAD/AP will not change your nonimmigrant status You should pay special attention to remain in status, and not accrue unlawful presence If you are in the U.S. without any status, you are considered to be here illegally, and U.S. Using an EAD means working based on that EAD; that means when you join any company you must sign an I-9 form in which employment eligibility is based on the EAD. 2. Also, sign up for Case Status Online to: . You can file a change of status request for up to 180 days in advance. You converted from H1 to H4 status within the US and now filing H1B change of status again. You don’t have to wait for the EAD to come because the EAD belongs to you it will come to you anyway. However, an extension of status application remains valid even if you travel abroad. Current Status & Impact : The rule for fee changes was already published and it has significant fee hike. I recently received H1B approval valid until Nov 2020 and was working with the same employer with H4 EAD status earlier. To avoid this, I am also planning to initiate my wife’s H1B, but here the concern is the employer where my wife is working on Full … I'm in a predicament with the status I should fill on my EAD/AP renewal application. Status is acquired in one of two ways: 1) by entering the United States with the I-20 and an F-1 visa obtained at a U.S. consulate abroad (Canadian citizens are exempt from the visa requirement); or 2) by applying to USCIS for change of nonimmigrant status (if the student is already in the United States and cannot travel). Yes you can move, The EAD is just proof of working your I-485 status will still be alive but just make sure you’re moving under AC21 to same or similar position you should be fine. The above is intended only as general information, and does not constitute legal advice. It was in comment period for public to give their feedback until Dec 16 th, 2019 and then extended until Feb 2020. Is my current non-immigrant status converted to H1B from H4 EAD automatically by the employer or do we have to explicitly apply for the change of status. Steps involved in F1 to H1B visa Change of Status & Important Points : You take interview from a H1B sponsoring company and they give you a job offer letter. Those who graduate with degrees in STEM fields may be able to extend their practical training for … This post will address a change of status for a J-2 visa holder to H1B status after the approval of a J1 waiver. Hi, My wife is working on L2-EAD as a full time employee in US. 6) Maintenance of Status. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you have not maintained valid H1b status, then you cannot change status to H1b. I believe it stops when USCIS gives you a receipt number. The following steps outline the procedure of changing status from F1 to H1B work visa. As we discussed in our recent blog post, on April 3 the Trump administration announced a new level of H1B visa rule enforcement that is a game changer for those seeking a non-immigrant work visa. For H1B, the application fee can go up by $100 or 22% increase…for H4 forms, it could go up by $30 or 8% of current fee. I have explained this in detail here: Our clients commonly change status from an F-1 (student) visa to an H1B. They cannot stop not but make sure that you do an AC21 letter. My current employer A applied for H1 but did not get any status update. You may have interviewed with the company before graduation and might have started working for a company on OPT right after graduation. I have received H1B appro If you have F-1 status, you are eligible for one year of practical training following your education. F1 to H1B Change of Status. I have filled for change of status from H4 to F1 visa for my wife but recently we received RFE asking for these information and/or documentation 1) Correspondence - Any Other Correspondence Evidence -Submit a letter why this change of nonimmigrant status is needed. I am presently working on H4-EAD and my employer filed for H1b in April 2020 which got approved now. You can start working on H1B only after it is approved since your current status is H4. 3. My question is that if I get my H4 EAD and a social security number, would I be able to use the same health insurance or would I … Whether you are applying for H1B directly from F1 visa status or from OPT, you must obtain a job offer from an H1B sponsoring employer in order to apply for H1B visa. View your case history and upcoming case activities, . I have health insurance through my spouse's employer who is on H1b. You have to wait for H1B change of status approval to start work. Based on the USCIS petition approval, the alien may apply for an H1B visa stamp at an American Embassy or Consulate abroad or a change of nonimmigrant status with the USCIS. Currently I am working in USA on L2 EAD valid until March 2019 and previously worked on F1 OPT till Aug 15, 2017. Receive automatic case status updates by email or text message, . As my L1B is getting expiring on Dec 30th 2013. Still employer hasnt received the notice (so not sure about validity dates/i94 in I797 notice), I have couple of questions if someone can help me. The change of status application is automatically terminated. 1. The change of status from the H-1B to the H-4 with a request for the employment authorization document may occur with a gap in the approval of the H-4 and the issuance of the EAD. It is fairly common for J-2 spouses to be employed in the United States with a valid employment authorization document (EAD). I want apply for H4 EAD card before the end of my H1b visa.. My question is can I apply for H4 EAD while still working and not have any gaps with my employment and continue working in the same job . Also, read common FAQs onthe processing times at the end. Current USCIS processing times of EAD with Pending I-485 Application for 2021. Check the status of multiple cases and inquiries that you may have submitted to USCIS The person can change from an H1 status to EAD status by contacting their HR department and filling out an I-9 form again based on the EAD. Your H1B change of status needs to be approved before you can work on H1B. Citizenship and Immigration Services (USCIS) may deny your green card application for that reason alone Yes, if you are in a valid period of OPT (whether it is an initial grant or a STEM extension), have a valid EAD, and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, … I have a pre existing medical condition and all the medical expenses are covered using that insurance. There was no “change of status” per se. I've done this in 2014 when there was no scrutiny. Below are the Processing times for I-485 EAD by USCIS Service Center. h1b to h4 ead, Other Insurance - I am on H4 visa and planning to apply for EAD. Step 1: Find H1B sponsoring employer. However, this option disappears once the J-1 spouse changes status to H1B to perform the required three years of waiver service. If you travel while an extension petition is pending, and you re-enter with your “old” I-797 approval notice, the extension may be voided and you will be limited to the term of your old petition. I am planning to get my H1B. You can change employers on H1B, where as you cannot do that on L1 as it is tied to specific employer When you entered on L1, you probably would not had good benchmark and you would have not know the reality in America on pay package….You can negotiate better pay on H1B because you will try to benchmark yourself with the market conditions and can demand more…. My present cpt authorization is till September. Few clarifications required on Am i eligible for Cap Exempt ? H4 to H1B change of status needs to approved to start working. If have all the documentation needed as per the RFE then your employer and/or immigration … What this means in real terms is that IF you do NOT use a marriage-based EAD you are still H1 or L1 and CAN travel outside the … Now my current employer has also initiated my H1B change of status and that petition is also approved.
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