H1 to H4 and EAD


I am a dentist working at a clinic on an H1 visa. I want to start my own clinic
but cannot do so on an H1. I would like to go on H4 dependent on my husband who
has a I 140 approval, then get my EAD and start my practice. Please advice if
this is possible and the timeline. I would like to minimize the time when I
cannot work.Thanks.

Asked on June 25, 2016 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you would need to submit a change of status to H-4 based on your married and your husband's current status and simultaneously file for the EAD on the basis of that H-4 application.  It will probably take about 3-4 months minimum to get that application adjudicated.

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