Legal Question in Immigration Law in Iowa

My husband is a physician, who is currently on J1 status until June 30, 2015. Starting July 1, he will be working for Hospital A, he will be on H1b status, and he will be on a Conrad 30 waiver at the same time.

I am currently on J2 visa and I get to work because of EAD. Since starting July 1, I will be on H4 visa, my EAD cannot be renewed unless we have an approved I-140, as per the new ruling.

My question is, can Hospital A file I-140 as early as now, even if he will not be starting employment with them until July 1 and we're still on J visa, although my husband got approved with H1b visa too a week ago for his employment with Hospital A?

The reason why I'm asking this is because I'm hoping that we can have an approved I-140 before May 26 (through Premium Processing) and then when EAD for H4 application opens on May 26, I can apply for renewal for EAD so that I will not have a gap time with my employment.


Asked on 3/17/15, 1:58 pm

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at 2129688600. RDM

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Answered on 3/19/15, 11:02 am


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