Convert from L1 to H4 + H4 EAD by upgrading H1B to premium

USA H1B
1

Hi Anil,

Here is our situation.

I am on H1B visa with I140 approved and currently my H1B extension is filled (12/18/2018) within USCIS. My I94/I797 both are expired (12/31/2018) already and I am staying in the US in the basis of the 240 days rule.

My spouse is with L1A visa and her current petition end date is 7th July, 2019. My questions are:

Q1 :Can I apply both H4 and H4EAD for my spouse with an effective as 8th July, 2019 now?

Q2: Can I also upgrade my H1b Extn in PP mode and tag the H4 and H4EAD so that there will be a change to get all the 3 applications approved in 15 days?

Q3: If I cant tag H4 and H4EAD with H1B extn PP mode, what is the best way so that my spouse has the minimum work gap?

Regards

2

Apply both H4 and H4EAD

Yes, you can apply both H4 and H4 EAd application now.

The H4 will be the L1 to H4 change of status application though.

Upgrade H1B to premium along with H4 + H4 EAD

You can file premium processing upgrade for your pending H1B extension at this time as you are eligible but chances of H4 and H4 EAD being processed in premium are very low.

That’s because the H4 and H4 EAD were not filed concurrently with H1B extension.

H4 COS processing time

At this time, the H4 COS processing time is 12+ months.

The better option is to go out of US, get H4 stamp (you can get it within few weeks) and then enter USA on H4 and then file H4 EAD.

This is the fastest way.

3

Thanks a lot Anil for the detailed answers!

Just one more question, we are from California and my extension was filled in Nebraska center. I believe the H4 and H4 EAD will also go to the Nebraska (or California) center. Is that true?

If Yes, as per your link (https://www.am22tech.com/uscis/current-h4-processing-time/) the H4 COS waiting time in Nebraska or California is about 4-5 months. Is it true that the 12m+ waiting time is for Vermont center only?

4

Ya… the waiting time is high for Vermont only at this time.

Your H4 application should most probably go to same center as your H1B.

5

Thanks Anil. I believe my spouse can stay in the US for 240 days based on the filled H4 petition even the H4 is NOT approved before her I94 date (7th July, 2019) . Is it true?

6

Yes, H4 can stay after her i94 expiry if H4 application is pending with USCIS.

7

My wife has a L1B VISA and I am on H1B VISA with approved I-140. As her current assignment is planning to layoff resources, I am planning to switch her to H4 visa so she can continue to stay with me in the US rather than returning to India. I have below concerns:

  1. What would be her status while transition, i.e, after She has received H4 receipt and H4 approval is still pending.Can she still work on her L1B , if yes till when?
  2. If I file H4 and H4 EAD together will it take less time to get H4 EAD after H4 is approved?
  3. Should she tell her current Employer that She is filing for H4?Does it matter?

Appreciate any suggestions and responses.@anil.gupta

Thanks