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how to apply ead for h4 visa holder

by Ms. Mara Simonis Published 3 years ago Updated 2 years ago
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Step by Step Guide to Apply for H4 EAD

  1. Complete form I-765 – Application for Employment Authorization. You should download the latest form I-765 from USCIS website, along with its instructions, complete the form.
  2. Package your H4 EAD Application with Supporting Documents. ...
  3. Send / Mail H4 EAD Application to correct USCIS Address. ...
  4. Get Receipt of H4 EAD, USCIS Processing, Received EAD Card. ...

Step by Step Guide to Apply for H4 EAD
  1. Step 1 : Complete form I-765 – Application for Employment Authorization. ...
  2. Step 2 : Package your H4 EAD Application with Supporting Documents. ...
  3. Step 3 : Send / Mail H4 EAD Application to correct USCIS Address. ...
  4. Step 4 : Get Receipt of H4 EAD, USCIS Processing, Received EAD Card.

Full Answer

What documents are needed for a H4 visa EAD?

  • Passport showing your picture, name, and date of birth
  • A birth certificate with photo ID
  • A visa issued by a foreign consulate
  • A national ID document with photo and/or fingerprint.

How to apply an EAD for someone on h4 visa?

  • Either Perm Labor Certification (LC) or I-140 application must not have received a final denial or revocation decision.
  • It is not necessary that the Perm LC or I-140 is approved.
  • Just because H-1B visa holder has been in the US for more than 6 years, it does not make the H4 visa holder eligible to apply for EAD. ...

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How to apply for the H4 EAD?

The following documents are required to submit an application for H4 visa EAD:

  • Fee Payment There is no online payment. ...
  • Form I-765, Application For Employment Authorization Choose eligibility category as (c) (26) while filling the form. ...
  • A copy of Form I-94, non immigrant arrival/departure record (front and back, if applicable).

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Does H4 EAD need sponsorship?

With an EAD you do not need to have a Labor Condition Application (LCA), petition or sponsorship (Form I-129) from US government agencies. The EAD allows you to work in any sector of the economy in any type of legal job, so you are not only constrained to jobs which require extraordinary ability.

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What documents are required for H4 EAD?

H4 Visa EAD Documents RequiredEvidence of H4 Visa Status. ... Government-Issued Identification Document with Photo. ... Evidence of Relationship to H1B Nonimmigrant. ... Evidence of Your Basis for Eligibility for EAD. ... Secondary Evidence. ... Photos for EAD Card Production. ... Translated Documents.

How long does it take to get EAD on H4?

How long does H4 EAD processing take? A. Although, it varies from case to case, EAD processing typically takes 90 days. In case, the applicant files Form I-765 concurrently with a Form I-129 and Form I-539, the EAD processing will not begin until USCIS determines the applicant eligibility for H1B status.

How can I get H4 EAD approval fast?

Call USCIS or Take InfoPass Appointment 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.

What is the eligibility category for H4 EAD?

H4 EAD Eligibility category code is C(26).

How much does H4 EAD cost?

$410 USDH4 EAD filing fee is $410 USD. You can submit a check or money order that is drawn on a bank that is located in USA and payable in USD. The check or money order should be payable to “U.S. Department of Homeland Security”. DO NOT use short forms like DHS or USDHS.

Can I apply H4 and EAD at same time?

Yes, you can apply for an H-4 change of status and H-4 EAD simultaneously.

Can we apply H4 EAD from India?

You cannot file an H4 EAD application from India. You should be physically present in the USA at the time of filing the H4 EAD application.

Can H4 start without EAD?

(2) Why it is legal to stary any business on H1b or H4, you don't need an EAD card to start any business. You can start a business even with no SSN.

Which is better H1b or H4 EAD?

The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.

Can H4 EAD be rejected?

Note that H4 EAD can be denied if your H4 COS or an extension is also pending with the EAD application. What is the Risk of traveling While EAD is pending? USCIS may send an RFE to ask for H4 status or request an updated H4 i94. Some people have received H4 EAD RFE to prove H4 status and submit a new i94.

How long does it take to get EAD 2022?

2 months to 20 monthsAs of May 2022, EAD processing time can range from anywhere from 2 months to 20 months. EAD renewal processing time for I-765 forms going through the National Benefits Center.

How long does it take for EAD to be approved?

It usually takes 60-90 days to process and approve the EAD application after you have submitted an RFE response to USCIS.

Can H4 start without EAD?

(2) Why it is legal to stary any business on H1b or H4, you don't need an EAD card to start any business. You can start a business even with no SSN.

Does H4 EAD has Premium Processing?

Premium Processing for H4 EAD: USCIS will also provide premium processing option for H4 EAD applicants. Again, this provision will be effective only after USCIS completes the regulatory process.

How to prove you are eligible for an EAD?

To prove you are eligible for an EAD you must include copies of your spouse's immigration papers that show their H-1B status. This could be a copy of approval notices, or of your spouse's visa.

How to work in the US?

To work in the US, you must first apply for an employment authorization document (EAD). All you need to do is complete Form I-765 and submit it to US Citizenship and Immigration Services (USCIS) along with other documentation and the required fee. You cannot start a job in the US until you have your EAD.

How to contact USCIS about spouse status?

If you have questions about your spouse's status, or about your eligibility, call the USCIS National Customer Service Center at 1-800-375-5283 or talk to an experienced immigration attorney. Download Form I-765 and instructions.

How to receive notification of acceptance of USCIS application?

If you want to receive an email or text notification when USCIS has accepted your form, fill out Form G-1145, "E-Notification of Application/Petition Acceptance," and attach it to the first page of your application. [12]

How much is the I-765 fee?

Get a check or money order for the filing fee. The filing fee for Form I-765 is $410 . You can pay this fee with a check or money order. If you pay using a personal check, it must be from a US bank and payable in US funds. [13]

Where can I get a copy of the I-765?

Download Form I-765 and instructions. The most current version of Form I-765 and instructions on how to complete and submit it are available on USCIS's website at https://www.uscis.gov/ i-765. While you may find copies elsewhere, they may not be the most current version. [3]

Can I apply for an I-765 if I submitted an earlier version?

If you submit an earlier version of Form I-765, USCIS will not accept it and you'll have to apply again.

How long before H4 visa expiration can I file I-765?

You can file Form I-765 for a renewal EAD up to 120 days before the expiration date of your current EAD. You can learn more about the documents required and fees, refer to EAD for H4 Required Documents and EAD for H4 Fees. To learn more about EAD for H4 Visa Holders, check out the active forum EAD for H4 Visa or H4 EAD Tracker.

How long does it take to get an I-765?

The 90-day adjudication period for Form I-765 filed together with Form I-539 will not begin until your H4 status is determined, your spouse's H1B status is determined, or both.

How long do I have to wait to file an I-765?

Once your From I-765 is approved, you are authorized to work through the expiration date specified on your EAD. You can file Form I-765 for a renewal EAD up to 120 days before the expiration date of your current EAD.

Can H4 dependents work in the US?

Effective May 26, 2015, the new EAD for H4 rule allows eligible H4 dependent spouses of H1B visa holders to apply for H4 visa EAD, Employment Authorization Document. An H4 EAD allows certain H4 visa holders to legally work in the United States as long as their spouse has valid H1B visa status. H4 visa spouses must apply for H4 EAD and obtain employment authorization to start work or business in the US.

Can H4 dependents apply for EAD?

H4 dependent spouses are eligible to apply for H4 visa EAD as long as their H1B spouse meets one of the following requirements .

How long before an EAD expires can you renew it?

You cannot file for a renewal EAD more than 180 days before your original EAD expires.

What is the purpose of submitting supporting evidence to USCIS?

Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.

How many MB is the I-765?

Complete Form I-765 using the Instructions for Form I-765 (PDF, 1.07 MB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.

Do I have to pay for I-765?

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.

Can unauthorized practitioners file an EAD?

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.

Can H-4 dependent spouse file I-765?

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

When did the H-4 EAD get revoked?

But after the Trump administration announced plans to revoke the H-4 EAD ("employment authorization document" or work permit) in early 2017, a lot of misinformation has been circulating about whether such work permits are still possible. Thankfully, the Biden Administration's policy will be clearer. At its instigation, in January of 2021, the D ...

How long before EAD expires?

EAD renewal applications may ordinarily be submitted to USCIS up to six months before the EAD's expiration date. You can find the expiration date on your physical EAD document. Talk to a Lawyer.

How much is the I-765?

Send these to USCIS with the completed I-765 and filing fees ($410 for the form and $85 for biometrics as of early 2021).

Who must file Form I-765?

The spouse of the H-1B worker must prepare Form I-765, Application for Employment Authorization and file it with all required evidence to the appropriate USCIS ("United States Citizenship and Immigration Services") office.

Can an H-4 spouse get an EAD?

Not every H-4 spouse is eligible for an EAD. First off, the person's H-1B worker spouse must have an employer that is interested in keeping him or her on long term, and that has started the green card application process for that worker. Only after that has resulted in an approved Form I-140, Immigrant Petition for Alien Workers on ...

How to check H4 EAD status?

Once you send your package to USCIS, you will get a receipt notice confirming the receipt of your H4 EAD application. Check Sample H4 EAD Receipt Notice. On the receipt notice, you would see ‘Receipt Number’. You can use that to check your Case Status on USCIS website

Where to find H4 EAD account number?

In such cases, enter that number here. You can find it on top of your profile page once you login to USCIS system. In general, for most of the H4 EAD applicants, you would NOT have a USCIS online account number, so just leave it blank.

How much is the H4 EAD fee?

H4 EAD Fee : H4 EAD Application Fee check for $410 USD payable to “U.S. Department of Homeland Security”. You can also money order, personal check or cashier’s check to pay for the fee. If you are filing at USCIS Lockbox facility, you can use credit as well using the form G-1450 authorizing the credit card transactions. No short forms like USCIS are allowed on check, you need to put in full name of USCIS as specified.

What is an EAD in the US?

US Department of Homeland Security (DHS) gives employment authorization (EAD) to work in US for certain H4 Visa holders, whose spouse on H1B have satisfies one of the below two :

How long before H4 EAD expires?

You can apply only 180 days before the expiry of your current EAD document. There are some cases, where some were able to apply before 180 days for H4 EAD and successful. The reason they did that was considering long processing times of the H4 application extension or COS.

What is the EAD form?

EAD Application form : Completed form I-765, which is the application for Employment Authorization.

When does USCIS suspend H4 biometrics?

Read USCIS Suspends H4 Biometrics requirement until May 2023. H4 Biometrics Fee : You do not need to include the Biometrics fee, if you are filing H4 EAD application standalone using form I-765. But, if you file for H4 EAD along with H4 Extension or COS then you would need to include the Biometrics fee as well.

What to do if you find another employer?

If you do find another employer, ensure you report this on your tax filings for that year.

How long can I claim unemployment benefits?

How Long Can H4 Visa Holders Claim Unemployment Benefits? 1 Each state dictates its own criteria for unemployment benefits, which is typically 26 weeks. 2 Florida and North Carolina each offer 12 weeks, while Missouri provides 13 weeks of unemployment benefits. Please check with the state you worked in to confirm duration 3 With the new stimulus package, your state may qualify for an additional 13 weeks of unemployment benefits. 4 Under the federally-funded Pandemic Emergency Unemployment Compensation (PEUC) benefits, you may be eligible to receive benefits that last up to a total of 39 weeks. 5 For states that offer less than the 39 weeks of unemployment benefits, you may be eligible for an additional $600 through the Pandemic Unemployment Assistance (PUA).

How long does it take to get unemployment?

Each state dictates its own criteria for unemployment benefits, which is typically 26 weeks.

Does Illinois have an EAD?

Have a valid and current work authorization like employment authorization document (EAD) The EAD should valid for the entire duration of collecting unemployment benefits. These benefits are contingent upon the state you live in. Illinois, for example does not offer benefits to nonimmigrants.

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