Des Plaines, IL asked in Immigration Law for Illinois

Q: Can we request USCIS for start date when converting H1 to H4(apply COS in advance)?

My Wife's H1 is ending in Nov 2018, can we apply COS and EAD now requesting a later start date after NOV to save time at that moment?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: An H-1B extension of stay petition, an H-4 extension of stay application, and an application for employment authorization?

Yes. You may file your Form I-765, Application for Employment Authorization together with your Form I-539, Application to Extend/Change Nonimmigrant Status and the Form I-129, Petition for Nonimmigrant Worker filed on behalf of your H-1B spouse. For extensions of nonimmigrant status, the Form I-129 for your H-1B spouse can be filed no more than six months before the date that the employer needs your spouse to work.

b. A new H-1B petition, a new H-4 change of status application, and an application for employment authorization?

Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer can file Form I-129 for your H-1B spouse no more than six months before the date the employer needs your spouse to work.

Iskra Panteva
Iskra Panteva
PREMIUM
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You can request starting date as of the end of the H1B visa. Your wife will be able to get an EAD card only under certain circumstances. You need to contact an attorney with more detailed information on the case.

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