L2 ead to h4 ,then got h1 visa now want h4 ead .do i apply for renewal of ead or new ead. can i apply concurrently
last year i got my h1 visa. now i am working on h1 . now i want to go back on h4 visa and work on EAD .
now much time it will take .
4 attorney answers
It will take about 3 months for your change of status. The USCIS will then process your H4 EAD taking an additional 3 months. You apply for a change of status from H-1B to H-4 with form I-539. The form is simple. Some people mess up with the form and documentation. If critical you may consider assistance of an experienced immigration attorney.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
H-1B to H-4 requires a change of status, via form I-539. It will take several months to get a decision. If your H-1B status ends before that time, you will have a gap in employment authorization and you should not work during that time.
To file for a change of status from H-1B to H-4 (with accompanying EAD) will take between 3 and 6 months to process. If your H-1B expires (or your employment is terminated) after filing for the change of status/EAD but before the H-4 and EAD are approved, then you will have a gap in your employment eligibility and may not work during the gap. Please consult with counsel.
You will need to apy for a change of status from H-1B to H-4. You can request an EAD with your change of status. It will take anywhere from 3 to 6 months to receive your change of status and H-4 EAD.
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