Immigration Issues/H1 to H4 conversion

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Question
Hi,
My husband is currently on H1 and his project is going to end soon. His employer gave just 3 weeks time to find a new project if not H1 will be revoked. I have valid I 140 approved on my H1 and we are thinking to convert his H1 to H4 and then he can get his EAD. His H1 is valid until sep 30 but if they are planning to revoke in 3 weeks, meanwhile If we apply for change of status within this 3 weeks time will it be fine? Anything we need to worry about in this process? Can we apply change of status by ourselves or only my employer should do it? Please help and suggest what can be done in this situation.

Answer
Hi,

The application to change to H4 status should be filed no later than termination of H1B employment, which is a higher standard than I-94 expiration. The application to change status to H4 is within the control of the applicant; the employer's signature is not applicable.

The EAD application under the new regulations cannot be filed prior to May 26, 2015. It can be filed even if the application to change status to H4 is still pending (not yet approved) with the USCIS.

Immigration Issues

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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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