Can I apply H4 and H4 EAD together? I am residing in Canada

[Krishna008]

Hello,

I am Canadian PR and currently reside in Canada. I am looking to extend my H4 and H4 EAD. Can I apply for them from Canada? Or, can I go to US, apply and return to Canada on the same day after applying and before approval?

Can someone please provide some insights on this from their experience.

Thank you.

 

[Rawhide]

Nope, H4 EAD can only be applied with H4 + I94 record from within States. So path is H4 > I 94 Entry Record >EAD application if you are currently outside States and dont have current H4

 

[Krishna008]

Thank you very much for your reply.

So, my spouse is applying for H1. Can I file H4+EAD along with H1? I will travel to US, get new I94 and submit that along with the application and return the following day once the package is received by USCIS? Does that work?

 

[Rawhide]

Are you planning to travel to the US on your current H4 - then the answer is YES.

If you are traveling on B1 - and then applying for H4 - it will fall under the Change of Status category > I think this needs to be validated with a lawyer (I am not sure)

I recently filed my spouse's H4+EAD along with my H1 extension in premium processing and got approvals for both H4 and EAD in 2 weeks' time and card within a month. She traveled with me on an existing H4 to the USA

 

[Rawhide]

Here is what I read somewhere else " Legally, you can do it but I do not suggest it as filing a change of status within 90 days of entering can be flagged as fraud and investigated. If you do go ahead with this plan, our suggestion is to file H1B COS after 90 days of entering. "

I think better approach is to get H4 from Canada and EAD after entering, downside of this approach is EAD processing will be delayed - any H4 EAD application now is being processed along with premium processing

 

[Krishna008]

Thank you so much for the reply again.

Yes, I will be traveling on current H4.

Did you/your wife returned to Canada immediately after sending the package?

 

[Rawhide]

Thank you so much for the reply again.

Yes, I will be traveling on my current H4.

Did you/your wife return to Canada immediately after sending the package?

Yes, we spent a few days catching up with friends and returned once the package was delivered. I keep traveling back and forth.

 

[Rawhide]

One more tip - if you are traveling on your current H4 - make sure you send the H4+ EAD application along with H1 premium processing - It will save a lot of time. USCIS is now processing H4 EAD with Premium processing. Here is a link fo more info :- https://ogletree.com/insights/uscis-settlement-requires-adjudication-of-h-4-ead-and-l-2-applications-with-principals-h-1b-or-l-1-petition/

 

[AniArch]

Yes, we spent a few days catching up with friends and returned once the package was delivered. I keep traveling back and forth.

Hi.. can you please tell me in H4 EAD application, did you put address of US or Canada? Do we have to give US address?
I'm on H1B and currently staying in Canada.... planning to move to US early next year.

 

[Rawhide]

Hi.. can you please tell me in H4 EAD application, did you put address of US or Canada? Do we have to give US address?
I'm on H1B and currently staying in Canada.... planning to move to US early next year.

US address, My understanding is EAD can be only issued with your presence in USA ( at least at the time of applying EAD ). I had my wife travel with me to states and I waited until application was approved ( two weeks time). We were able to travel with existing H4.

 

[Krishna008]

US address, My understanding is EAD can be only issued with your presence in USA ( at least at the time of applying EAD ). I had my wife travel with me to states and I waited until application was approved ( two weeks time). We were able to travel with existing H4.

Yes, I also used US address. For permanent address, I used my Indian address which I used previous time.

Also, as Rawhide mentioned (Thank you Rawhide for your help last time, it really helped as an assurance) I also traveled to the US, sent my application and returned to Canada next day once the application is recieved the next by USCIS. Our attorney applied H1+H4+H4EAD on premium altogether and we received approvals within 2 weeks time and approval notices are received as well to our US address within 4 weeks. My wife lives in the US at the address.