A provision enacted in November 2021 permits H-4 spouses who filed their I-765 EAD renewal applications promptly and maintained H-4 status past the expiration date of the EAD to qualify for an “automatic extension of their employment authorization for 180 days after the prior EAD expires or until the end of their H-4 status, whichever is ...
H4 EAD: What You Need to Know in 2021. By Michael Ashoori, Esq. U.S. Immigration Lawyer. The H4 visa is the dependent visas that attaches to the H1B visa. H1B visas are the most common nonimmigrant work visa available to professionals. Some H4 visa holders are eligible for EAD, an Employment Authorization Document.
Nov 12, 2021 · Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:. Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or; Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act …
Apr 17, 2019 · Detailed explanation from employment-based immigration lawyer: There are certain specific requirements in order to obtain an H-4 employment-authorization document (H-4 EAD). First, the applicant must hold valid H-4 status. Second, the H-4 visa holder must be married to an H-1B visa holder. Spouses of H-2B, H-2A, and H-3 visa holders do not qualify.
USCIS premium processing will NOT be available for H4, EAD until FY 2025. EB1-C i-140 premium to start in 2022. Fee varies from $1500-$2500.30 Mar 2022
Q: Can we apply for H-1B and H4 extension and H4 EAD concurrently? A: Yes, you can. However, H-1B and H4 extension would have to be approved first before H4 EAD can be processed and approved.
60 to 90 daysIt can take anywhere from 60 to 90 days for processing of the EAD applications after RFE response was submitted.
Make EAD expedite request by calling USCIS on 1-800-375-5283 (recommended). The dialing code to speak directly with a Customer Representative is 1-2-6-1-1. They keep changing the options and hence you should keep trying.
H-4 EAD Employment Advantages: Lower cost of securing H-4 EAD – in most cases, the cost of securing H-4 EAD is significantly lower than the cost of securing an H-1B petition. In most cases, the applicable attorney and the total amount of filing fees are significantly lower for H-4 EAD cases than for H-1B cases.10 Dec 2015
In general, biometrics is not required, if you are applying for H4 EAD only and not using I-539 form for H4 Extension.
The H4-EAD can be applied as soon as the I-140 is approved. There is no waiting time. The H1B status visa holder must extend I-140 under AC-21 rule in one-year increments. The H4 EAD can be applied if the perm labour certification or I-140 application is not refused or denied.
Yes. all these petitions can be filed together. Q. Is it possible to concurrently file a new H1B petition, a new H4 change of status application & an application for EAD?
The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories like EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS.5 Sept 2021
EAD Delays U.S. Citizenship and Immigration Services (USCIS) processing times fluctuate based on their workload. Although USCIS posts processing times on its website at http://www.uscis.gov/, the actual average processing time for all case types is often at least 2 months longer than reflected on the website.24 Feb 2022
One of the fundamental reasons for delays of H4 processing is the Biometrics Process that was introduced by Trump Administration in 2019 as part of Executive Order 13780. “Protecting the National from Foreign Terrorist Entry into the United States”.14 May 2021
The H4 visa is the dependent visas that attaches to the H1B visa. H1B visas are the most common nonimmigrant work visa available to professionals. Some H4 visa holders are eligible for EAD, an Employment Authorization Document.
Hands down, Ashoori Law is a firm that you can rely on. As a greencard holder working ab road, It can be quite a struggle to do your own legwork in applying for a travel document especially in these trying times with the pandemic. I tried looking up...
Unfortunately, H4 EADs cannot be premium processed. USCIS rules have recently fluctuated for H1B premium processing availability. Although, this did not extend to H4 benefits. Therefore, as of today, you cannot premium process your H4 EAD.
An employer who allows you to work without verifying your documents (such as your social security number and EAD) could be punished. This could come in the form of severe penalties by the Dept. of Labor, IRS, or other government agencies (such as law enforcement). Companies that participate in E-verify may have different requirements. Here, they should have different internal auditing rules and document collection standards. Yet, every employer is encouraged to act as if they will have an I-9 audit tomorrow.
You cannot file for a renewal EAD more than 180 days before your original EAD expires.
Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.
You do not have to pay the Form I-765 filing fee. Follow the Form I-485 filing instructions to avoid processing delays. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c) (26), USCIS will reject your Form I-485 and any corresponding fees.
Immigration attorney summary: An H-4 visa holder is eligible for an H-4 EAD if she meets the following requirements:
Immigration attorney summary: The H-4 application process is similar to most USCIS benefit applications. The applicant prepares and files the relevant immigration forms, pays the required filing fees, and waits for USCIS processing of the application.
Immigration attorney summary: If your H-1B spouse loses her H-1B status, you may lose your H-4 status and H-4 EAD.
Immigration lawyer summary: No, H-4 visa holders can only work with a valid EAD.
Do you need assistance preparing and filing an H-4 EAD application? Our employment-based immigration attorney can devise a custom-tailored H-4 visa strategy and prepare your H-4 EAD application in compliance with all relevant employment-based immigration rules.
The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. This visa status is contingent upon the principal H visa holder’s status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders.
First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status.
The regulations state that your H1B spouse needs to just have an approved I-140. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. With that being said, it shouldn’t be an issue if it was filed by a previous employer.
Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD.
You can file Form 1-765, along with Form I-539 and the I-129 at the same time. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouse’s eligibility for status.
If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. This is done the way that you would get a renewed card. Just file a new I-765 along with the filing fee to replace your card.
Unfortunately, premium processing is not available for Form I-765. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouse’s H-1B or green card petitions. However, the USCIS has temporarily suspended premium processing for all H-1B petitions during the 2018 and 2019 seasons.
H4 EAD fees check for $410 payable to ‘ U.S. Department of Homeland Security ‘. Short forms like USCIS are not allowed on personal or cashier or money order.
If you are filing H1B, H4 and H4 EAD applications concurrently at the same time in the same package, you can write this in the question 29 on form i765:
The document list is the same for H4 EAD renewal or extension as for the new H4-EAD application mentioned above.
If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15.#N#You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother’s name to get an SSN card.