Charlotte, NC asked in Immigration Law for North Carolina

Q: My h1b extension is pending with USCIS,My wife is H1B valid still 5/2020.We both have i140. Can I apply for H4 EAD now ?

Currently I'm on H1B for Cognizant technology. Client is Wellsfargo Bank. working on same project, same role, same location from last 5 years. My i-94 is valid till Oct 15,2018. H1B extension has been filled with USCIS California Center waiting to get result. I have i-140 approved.

My wife is also working on H1B, her visa is valid till May, 2020. She also has I-140 approved.

In case of my H1B extension denial/rejection. Can I apply for H4 EAD in parallel now and what is the procedure for the same ?

What other options do I have in order to continue working in the USA ? Please advise. Thanks in Advance.

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: In general, that strategy poses no problems. The only potential issue is that if your H4 visa is approved, then your H1B will likely not be extended.

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