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Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
RFE and H4 EAD
Shah Peerally Law Group PC
WWW.PEERALLYLA...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Six Possible RFE Questions regarding
H4 Visa and H4 Visa...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Who can apply?
Either An approved Form I-140
OR
H1b on 6...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
We are expecting the USCIS to question
H4 visa holder's ...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Did the H1B holder obtained a
genuine form I-140 approva...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Questioning the H1B holder sixth
year extension
Since th...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
USCIS Possibly Questioning
maintenance of your H4 status...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Immigration Questioning abuses on
previous visa status.
...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Make sure you are sending the right
documents.
USCIS is ...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Conclusion
The points above are speculative in nature. I...
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com
Important

The information in this slide does not const...
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Possible Request Evidence Scenarios on coming H4 EAD

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http://www.peerallylaw.com/h4-rfe-ead/
What someone can expect as request for evidence on the new H4 visa work authorization.

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Possible Request Evidence Scenarios on coming H4 EAD

  1. 1. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com RFE and H4 EAD Shah Peerally Law Group PC WWW.PEERALLYLAW.COM Phone: (510) 742 5887 Possible Request for Evidence based on the new rule of H4 visa work permit starting May 26, 2015.
  2. 2. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Six Possible RFE Questions regarding H4 Visa and H4 Visa Work Permit As from May 26, 2015, USCIS (United States Citizenship and Immigration Services) will accept H4 visa holders application for a work permit. The H4 visa holders who will be eligible to apply are those whose spouse has:
  3. 3. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Who can apply? Either An approved Form I-140 OR H1b on 6th year or beyond based on AC 21 extension. Because this is a totally new law, we are anticipating many trial and errors and therefore are expecting a number of request for evidence to be issued. Our law firm has a good understanding of the H4 visa especially because we were instrumental to the passing of this law.
  4. 4. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com We are expecting the USCIS to question H4 visa holder's marriage to the H1B holder. The H4 visa is a dependent visa which is based on the H1B main applicant, thus we are expecting that the USCIS will actually make sure that the marriages are bona fide. In simple terms, the H4 visa might have to prove they had a genuine marriage. In turn, a number of evidence will be required. If you need help preparing your case, feel free to reach out to us at (510) 742 5887
  5. 5. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Did the H1B holder obtained a genuine form I-140 approval. An approved Form I-140 is required to be able to apply. As such USCIS will definitely check if this approval is still valid. Contrary to some belief, a form I-140 approval can be revoked anytime by the employer unless an adjustment of status (Form I-485) has been filed and 180 days have passed under AC 21. Note that the USCIS can also revoke the form I-140 based on mistakes or fraud.
  6. 6. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Questioning the H1B holder sixth year extension Since the Form I-140 approval can be investigated, the USCIS might also want to make sure that the AC 21 6th year extension had been satisfied in granting the 6th year extension. A good legal analysis might be helpful. As such a lawyer experienced in AC 21 H1B extension can make a big difference. The Shah Peerally Law Group has handled AC 21 issues for more than 10 years and can actually help. Just call at (510) 742 5887.
  7. 7. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com USCIS Possibly Questioning maintenance of your H4 status. Maintenance of status is key to your ability to obtain this H4 EAD. For instance, if you entered on H4 visa, then moved to student visa (F1 visa) or was on student visa status, you cannot actually file for H4 employment permit just because you were previously granted H4 status. You will need to move to the H4 visa status first or file concurrently on May 26, 2015 or after in order to obtain the work authorization. Therefore, the rule of changing status or consular processing resulting into an H4 status, need to be met in order to get the H4 EAD.
  8. 8. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Immigration Questioning abuses on previous visa status. USCIS can actually investigate and request one has to prove how someone has actually maintained a valid status. If you were on F1 student visa, one should be ready to prove that you did not violate your F1 status including abuse of CPT or OPT. In case someone is on such a visa, we recommend to have an attorney prepare your H4 work permit application. Shah Peerally has handled many difficult RFEs, student visas as well as H1B issues, and his expertise might be very helpful.
  9. 9. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Make sure you are sending the right documents. USCIS is always looking direct evidence such as birth certificate, marriage certificate, etc. USCIS has also indicated that the department will accept secondary evidence such as affidavit of birth. Balancing the number of evidence is very important. Too much evidence or not giving enough evidence can actually have a negative impact on your case. This is why an experience immigration H4 visa attorney is crucial.
  10. 10. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Conclusion The points above are speculative in nature. It is purely based on our extensive experience working with the USCIS over the years. They are not based on actual H4 work authorization request for evidence. Unfortunately at this point in time, nobody has yet applied for an H4 visa EAD and no actual data can be used. Nevertheless this slide can hopefully be a guide to all those who will be applying under the new H4 work permit rule. If you want our services, please call us at 510 742 5887 or email info@peerallylaw.com
  11. 11. Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com Important  The information in this slide does not constitute legal advice. We make no guarantees about the accuracy or adequacy of the information contained or linked to this slide.

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