H4 & EAD doubts and clarification

USA H4 Visa
1

Hi All,

I have lot of questions and confusions kindly bear with me i am so naïve. My wife (7th month since married) is in US on H1B i tried this year for H1B and luck did not favor me.

  1. In order to apply H4 is she required to do it in US or can I submit the application in india.
  2. Once I get H4 and go to US, can I apply for EAD and come back to india as I cant leave the job here and be complete dependent on her. As EAD takes min 9mths to 1 year. Need more clarity on this EAD part.
  3. Say if I have H4 and if my company applies for L1 will L1 get rejected.

Thanks in advance,
Sabaresh.P

2

You will need to use her H1B I-797 and go for H4 visa stamping.

You can apply for EAD provided your wife has approved I-140.

No

3

Hello,

I am on H4. Company A applied for my husband’s H1 transfer, H4 and H4 EAD. Husband never worked for company A.

Company B applied for H1 and my husband choose to go with company B. They also applied for my H4 before the original I94 expired. Meanwhile my H4 and H4 EAD from Company A was approved.

My question is should I apply for H4 EAD since my husband is with Company B and my H4 EAD is based on H1b from company A?

4

No need as H4 EAD is independent of any employer.

5

Hi
Is there a provision to apply for a H4 EAD when the Spouse is serving his 7th year on Hi1B and is waiting for PERM approval which is currently on Pending Audit status.
If there is one, can somebody guide me with procedures.

6