How long does it take to get H4 approved for someone who is already in the US (currently on L2): If I apply for H4 based on my husbands approved H1.Is it likely that my H4 petition will get approved before 19 Dec 2011 (which is the date my husbands Status will change from L1 to H1) Note:My husband is currently in L1 and me on L2.
Jacob's answer: It is best to check the processing times for form I-539 for the exact time frame. But typically it takes about 90 days to get the H4 processed. If filed along with the H1B case, H4 cases are processed at the same time. So if you file the H1B premium processing along with the H4 request the case can be processed in 15 days. But in your case, the H1B is already approved so you are looking at 90 days more or less.
I'm holding a Conditional Green Card. Do I need to apply for I-131. We're going to a 10 day cruise outside US in a month.: My Conditional Green will not expire in next 4 months. Thank you so much!
Jacob's answer: Te Conditional Green Card (Permanent Residence Card), is just like a regular Green Card, but is limited to a 2 year term. This is to allow the USCIS to verify if the marriage is legitimate or was entered into for the sole purpose of getting a Green Card. Aside form the 2 years term, the card is just like a regular Green Card. So if you need to travel you can do so without the need to apply for the I-131 Parole or any other document. If you committed a Crime or any other violation that may impact your Green Card, I would suggest to consult an attorney before departing the US.
Does EAD go invalid when changing Visa from L2 to H4?: The EAD was initially approved under L2 and valid for 2 years. Now I might need to change to H4, will the EAD still be valid for the approved 2 years?
Jacob's answer: The L2 carries the benefit of applying for the EAD card. The H4 does not allow for the same benefit. As soon as you obtain H4 status, you should not be using the EAD card.