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  #1 (permalink)  
Old 06-16-2007, 08:16 PM
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iv_newbie_2007 is on a distinguished road
Default H4 change of status to H1

I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

What will be my status till Oct 1st from the day my H1 is approved?

Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

What will happen if I get my I20 before I apply for EAD or before my H1 is approved?

Please help me out.

Thanks
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  #2 (permalink)  
Old 06-16-2007, 09:19 PM
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I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

>>>WAS your COS (Change of status) applied while filing for H1B ?

What will be my status untill Oct 1st from the day my H1 is approved?

>>>You will be on H4.

Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.

Last edited by OLDMONK; 06-16-2007 at 09:33 PM.
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  #3 (permalink)  
Old 06-16-2007, 09:25 PM
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Default I-20 form for I-485 question

Prior to attending US University X (January 2001 to April 2004), where I got my bachelors degree from, I attended US University Y for a semester (August 2000 to December 2000). I have my I-20 from University X, but I don't have the I-20 form from University Y. Is that going to be a problem in the I-485 stage even though I attended University Y 7 years ago and only for one semester? If yes, can my University Y F1 visa on my passport and/or transcripts act as a substitute for the I-20 form?

Please let me know. Thanks.
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  #4 (permalink)  
Old 06-16-2007, 10:28 PM
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zico123 is on a distinguished road
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Quote:
Originally Posted by greencardfever
I have my I-20 from University X, but I don't have the I-20 form from University Y.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.

Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
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  #5 (permalink)  
Old 06-16-2007, 10:29 PM
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Quote:
Originally Posted by iv_newbie_2007
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.

Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.

What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.

What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.

What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail

Please help me out.

Thanks
Please talk to your attorney.My views are personal.
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  #6 (permalink)  
Old 06-16-2007, 10:53 PM
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greencardfever is a jewel in the rough greencardfever is a jewel in the rough greencardfever is a jewel in the rough
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I contacted University Y, but they said they don't keep I-20 copies that are 7 years old.

But you're saying that if I contact SEVIS, they should be able to give me a copy of my University Y I-20?
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  #7 (permalink)  
Old 06-16-2007, 11:06 PM
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>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
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