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Immigration Issues/H1B to H4 COS and EAD

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Question
Hi,
My husband currently on H1 working for a consulting company. With the new H4 EAd rule we were planning to change his to H4 and get EAD to avoid some hassles.
1. My question is For COS can we file by ourselves or should my employer file COS?
2. My H1 expires Feb2016. Is it wise to apply for COS to H4 and EAD after May 26th or after i get my extension towards end of year?
3. Is there any limit for EAD approvals or every valid application will get EAD? Please clarify. Thanks.

Answer
Hi,

The application to change status to H4 is signed by the applicant, not an employer.

Your husband's COS application should probably be filed with the EAD application when the rule takes effect on May 26 or thereafter. Note that once your husband's H4 application is approved, he can no longer be employed unless he has EAD, and it is anticipated that the EAD will be issued only when the H4 application is approved. It is conceivable that there can be a difference of up to 90 days between H4 approval and EAD issuance, although it is also conceivable that the EAD can be issued within a day of H4 approval. Nobody knows how this will be handled by the USCIS at this time.

The number of EADs is not limited, and an EAD should definitely be issued to every applicant if the USCIS procedures are followed.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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