I am currently on H-1B visa. I am filing for COS to H4 (I-539) concurrently with I-765(H4-EAD). In the latest I-765 form, Q25 is "Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, deferred action or no status or category" - Should I still write H-1B here or leave it blank since my I-539 will be approved first and then I-765 will be looked into? Is there a chance of rejection of I-765 if I mention H-1B in Q25? Does it in any way make my H4-EAD application invalid because I am "currently" on H-1B?
Question previously posted and answered. See response to your other post.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
There is absolutely no reason to be fearful of answering truthfully on the application. Telling the truth to USCIS is the only way to go, plus, USCIS officers know the applicable law and can apply it properly. So, go ahead an indicate that your current status is H-1B. As you are filing a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, USCIS will adjudicate your Form I-765 only after it will adjudicate your Form I-539 and grant you H-4 status. Your EAD will be valid beginning on the date that USCIS adjudicates your Form I-765 or the date you acquire qualifying H-4 status, whichever is later. Additionally, your EAD will expire when your H-4 nonimmigrant status expires.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline