Hi,
My wife is on H-1B now and her total 6 years H-1B will end on Feb 1st, 2024 without I-140 for extension. So she filed H4(i-539) and H4 EAD(i-765) applications concurrently on April 25th, 2023. On July 15th, 2023 USCIS gave her 30 days notice to provide passport visa stamps to prove that she was in USA when filing H4 application, which she can definitely provide. But the concerns we have is when USCIS approves her H4, her H4 EAD might be still in waiting for processing, then she won’t be able to continue working. A few questions as below:
- In the form I-539 for H4, she entered 01/02/2024 for “New status and effective date of change”. Will her change of status from H-1B to H4 indeed happen in 01/02/2024 OR she becomes H4 status immediately once I-539 approved? Will it work if she sends an explanation letter to USCIS asking for H4 and H4 EAD effective date to be same date? Some people say USCIS will not follow the effective date entered in Form I-539, but H4 status becomes immediately effective on the date of approval.
- How can we know exactly when her status really changed to H4?
- If she doesn’t reply to the visa stamps request from USCIS and H4 application get denied. Then when USCIS processing her H4 EAD some days later, is it possible USCIS ask for her H4 and she complement H4 application at that time again? Or her H4 EAD application will be denied directly because of no valid H4 status at that time? Please kindly let me know if you knew any this kind of example cases.
- Besides above point #3, Is there any other way we can get H4 and H4 EAD at the same time so she doesn’t have to lose her current job? She got impacted by a massive layoff few months back and put great effort to find the current new job, really appreciate if you know any workable solution to get H4 and H4 EAD approval at the same time, any suggestion is also welcomed.
Thank you very much! Appreciate your help!
