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Question
Hi,
My husband is currently in H1 and due to some circumstances we need to convert his H1 to H4 before June 15. Now we are planning to file H4 and EAD concurrently.
1. Filing concurrently means sending both the documents in one packet at same time.. is that correct?  In website it says it can be filed concurrently with I 129 and I 539. but my H1 is valid until next year Feb. So i cannot file extension now. Can we just file I 539 - COS from H1 to H4 for my husband and EAD together? Please clarify.
2. Should this have to filed by attorney? COS and EAD can we just file by ourselves? Will there be any issues if we dont go through attorney.. Please clarify. Thanks.

Answer
Hi,

Since H1B (I-129) can be filed no earlier than 180 days prior to I-94 expiration, your husband should file H4 (I-539) instead of filing H1B and H4 together. H4 can be filed concurrently with EAD (I-765), but note that the USCIS will not issue EAD without first approving H4 status.

Going through an attorney is not essential, but you have to read the instructions very carefully to avoid mistakes and delays.

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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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