Originally Posted by vizcard
Every Employer must submit Form I-9 while hiring and employing workers for employment in the United States. Won't USCIS make a note out of I-9 that H-4 holder has taken an employment?
Every Employer must submit Form I-9 while hiring and employing workers for employment in the United States. Won't USCIS make a note out of I-9 that H-4 holder has taken an employment?
AFAIK, the Employer is not required to submit I-9 form to USCIS but they must maintain that record for all employees. Here is the link:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Last edited by suninphx; 03-21-2012 at 10:57 PM.
Hi Vizcard,
Does that mean applicants can still expect EAD to be processed even though there may be retrogression next bulletin? My PD is Nov 2008, and can I expect my EAD to be processed even though the VB retrogresses to Aug 2007?
Regards..
Hi fedexfan,
If you have filed an EAD application along with your 485, Yes you would get an EAD irrespective of the date movements.
Thank you . This makes sense.
Fedexfan - As arjun points out, you will get EAD regardless.
EAD / AP do not have limits or quotas. It is a benefit you get when you file the 485 (assuming you also file the EAD/AP forms).
Hello all,
I have some very naive questions, so please pardon my ignorance. I did some research on google and other forums, but could not get appropriate answers. In almost all forums everyone is talking in detail about their status, and where they are currently and what they need to do. I want to know the basics.
First, my profile -
Current Visa - H-1B since Oct-2009 (Came to US in 2007 on F-1 VISA)
Current Spouse Visa - H4 since Dec 2010.
Country of Origin - India
Currently both in US.
My company will be starting my Green Card processing from October 2013.
I have some questions, for planning my spouses education and exploring other options.
I may or may not understand the order of applications we need to fill. My questions are in order of applications to be filled for Green Card. Correct me if am wrong
1. File Labor petition - How long does labor petition takes to get approved (general idea)?
2. File Adjustment of Status (I-485) - Is this only after labor petition is approved?
3. Concurrent Filing - Is this about applying for EAD card for myself AS WELL AS my spouse concurrently with filing of I-485? Can i get EAD approval before I-485 is approved? How long does it take to get EAD card, from START OF GREEN CARD PROCESS (including labor petition, etc.)?
4. I suppose I-485 approval takes some 6-10,12 years depending on EB2 or EB3 category -Can me and my spouse work using EAD card until I-485 is approved?
5. Whats up with EAD card and traveling to India and back? I know its related to Advance Parole, but would like clarification on this topic
Thanks to anyone and everyone who reply to these questions and help me plan accordingly!
As I understand the process:
1. Pre PERM submission activities
Obtain Prevailing Wage, advertising, interviewing, cooling off period etc - 4-6 months.
2. PERM submission
3 months for approval from receipt if it doesn't go into Audit. 6 months if audited and 1 year plus if Supervised Recruitment is ordered. Others can probably give better estimates.
The date that the PERM is received by DOL is your Priority Date.
3. I-140 submission
Once a PERM is approved, your sponsoring Employer can submit an I-140 petition on your behalf. It can be Premium Processed for an additional fee.
Assuming no RFE, a PP case can be approved in 15 days or less. A regularly processed I-140 might take 4-6 months.
Once the I-140 is approved, unless the I-140 is later revoked for fraud or misrepresentation, then you may use the PD for any future EB1 - EB3 application.
4. I-485 / Advance Parole / EAD
If your PD is Current at the time your I-140 is submitted, you can also submit the I-485/AP/EAD package at the same time. That will not be the case for you. EAD/AP can take 3 months to be issued after the application is received.
Otherwise, the I-485/AP/EAD may not be applied for until the PD becomes Current (Current means the PD is earlier than the Cut Off Date published in the Visa Bulletin).
For EB2-India, you might be waiting 5-8 years from your PD
For EB3-India, you might expect a wait of 15-25 years.
These timelines would change if any significant immigration legislation, such as CIR was passed.
Maintaining Non Immigrant Status
Until you have an EAD, you must maintain a valid non-immigrant status. If your spouse wishes to remain in H4 status, that would be H1B.
Once your PERM is at least 365 days old (either pending or approved), you would be entitled to 1 year extensions of your H1B beyond the normal 6 year maximum.
Once your I-140 is approved (and remains so), as long as your PD is not Current, you would be entitled to extensions of up to 3 years of your H1B beyond the 6 year maximum.
H4
Until they have an EAD, if your spouse remains in H4 status (i.e. physically present in the USA), your wife may not accept employment of any kind, including working on-line for a foreign Company. It does not matter where the money is paid.
An H4 may only take volunteer jobs. A volunteer job is one where NO person would EVER be paid for the activity.
Working for free, or for other considerations is still defined as employment, if another person might be paid for that work.
Realistically, to work, your spouse would have to obtain their own non-immigrant status that includes Employment Authorisation.
An H4 may study, but can not work as part of that study. For courses that required that, an F-1 status would be required.
I've covered things as best I can quickly. Others, will I am sure add to the discussion.
Last edited by Spectator; 11-13-2012 at 02:37 PM.
Without an irritant, there can be no pearl.
Thanks a lot for your detailed answer.
Clarified almost everything for me. So, a recent proposal (which is not yet passed) would allow (if ever passed) H4 spouse to obtain EAD card, during the beginning side of Green Card processing (and not wait for 5-8 years for PD to be current)?
Again! Thanks for the reply. Will surely help me plan accordingly now, and also understand forums discussion properly!
There is a Federal Register proposal that has been around for at least 2 years, that if implemented, would allow an H4 spouse to work if the primary was in receipt of an H1B extension beyond 6 years. It doesn't appear to be going anywhere.
The last version of CIR from 2011 included a proposal to bring H4 into line with L2, so they would be able to apply for an EAD and work.
Without an irritant, there can be no pearl.
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