We had concurrently filed for my H1B + H4 + new H4 EAD in Jan 11. The case was transferred from CA to Vermont in Feb 1 with CA receipt number WAC1909350xxx - via my firm’s attorney office.
After awaiting and upgrading PP for H1B followed by RFE - I have received my H1B approval on Jun 10. There is no status change for H4 cases.
Now, will USCIS consider the H4 cases receipt date from June 4 or Feb 1 or Jan 11?
My attorney is not keen on H4 follow-up as it considers H1 as the case closure. Can I raise an inquiry in USCIS using the online portal - as it is close to 5 months, and your timeline page indicates the same,
if I can do it, should I do it separately for H4 Extension and H4 EAD
In that portal, they are asking who filed: Applicant or petitioner; legal rep? Should I mention as an applicant - I am worried that as the petition was filed by attorney, if I raise the inquiry request - will it delay the process?
Appreciate your help.
Case receipt date after Case transfer
The case receipt date remains same irrespective of what actions are taken on it.
Separate SR for H4 and H4EAD case
You should still see the processing time dates for California service center to find the date for raising service request. Each application needs a separate SR i.e. separate SR for H4 and H4EAD case.
Service Request Question: Applicant or petitioner
Your dependent H4 is the applicant for H4 extension. Remember, that your H4 dependent would have signed on form i539 before sending the application.
Attorney is just the representative for H4 and H4EAD application.
Petition means some other entity like in your H1B case, your petition is your employer.
Appreciate your response and clear guidance. After tremendous pressure on from my side on my firm’s attorney to check on the H4 case, paralegal made an enquiry and response as below:
“USCIS will not allow us to make an inquiry at this time. They indicated the case is within the posted processing times.
Per USCIS, application was forwarded to the Vermont Service Center for processing and their processing times are 6.5 to 8.5 months to process extension of stay for H dependents. Unfortunately, we are still within their processing times and cannot inquire on status.”
Our case was transferred from CA to Vermont at Feb1, will USCIS still follow Vermont service time instead of CA one. Is the attorney office to be blunt just dodging the case.
I have seen posts where EAD was approved first and then H4 Extension. Should I just go ahead and raise a SR for EAD alone?
You can raise an SR for H4 EAD case if the receipt is older enough to be eligible for calling USCIS.
My spouse called the USCIS for raising service request for H4 EAD, but they didn’t allow her indicating that the application is currently within processing time. I am looking at the dates in the portal,
CA - H4 Extn - Feb 12, Vermont - H4 Extn - Oct 25
CA and Vermont - H4 EAD - Jan 28
We had applied concurrently H1 + H4 + H4 EAD on Jan 11 in CA and transferred to Vermont on Feb 1. The USCIS agent indicated that we can raise SR or even expedite request only after 31 days.
a) You had indicated that we should use CA for raising SR, but USCIS agent stated the otherwise.
b) In either case, H4 EAD SR should have been allowed to be raised, but they somehow indicated we have to wait for 31 days for SR request raising. How did they come up with 30 days to wait for raising the request
c) If we travel to India for H4 Visa stamping, will she be allowed for dropbox facility as H4 Extn and EAD is filed.
appreciate your response.
I cannot comment on what USCIS agent told you. The official guideline is that you can raise service request based on your receipt number and dates mentioned for that initial service center.
I am not aware of any 30 day rule to raise an SR request.
Dropbox has nothing to do with pending H4 extension. Once you leave USA, the pending extension will be automatically abandoned by USCIS.