How to Extend H4 EAD
- Submit Form I-539 (Application to Extend/Change Nonimmigrant Status)
- Package your H4 EAD Application with Supporting Documents
- Mail your H4 EAD Application to USCIS
- Receive your H4 EAD Receipt Notice Under the Special Situations rules, the U.S. Citizenship and Immigration Services (USCIS), at its discretion, will determine whether or not the late filing is feasible. Automatic H4 EAD Extension ...
Do we need to transfer H4 visa?
H4 and H4 EAD do NOT need any transfer. H4 and H4 EAD do NOT need any transfer. You are okay with your current H4 and H4 EAD validity till 15 Aug 2021. Issues with H4 stamping after H1B transfer. No, there is no issue with stamping. Stamping is ONLY needed to enter the USA. Travel on current H4
Can We file H4 extension?
You can file your H4 extension (Form i539) using your spouse’s pending H1B extension’s receipt number. Note that H4 will only be approved after the H1B is approved though. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application.
Can I cancel a H4 visa?
Yes, you can use the same format and send H4 EAD Application withdrawal as well. There is no format given by USCIS, all they need it details of your application and reason for withdrawal. Do I need to notarize the H4 Withdrawal letter before I send to USCIS ?
Can I start a business on h4 visa?
You can't run a business on an H4. Your intent to switch to an investor visa or whether you “keep the profit in the business” is all irrelevant. It is downright illegal to do business on an H4. You can, however, do a business if you have an H4 EAD.
How long does it take to extend H4 visa?
This service center takes more months to process H4 visas. In terms of the automatic extension, USCIS Texas Service Center has shorter times at 5 to 7 months. Generally, the entire process can take anywhere from 2 to 12 months.
What is the process for H4 visa extension?
To extend your H4 work authorization, you are required to:Submit Form I-539 (Application to Extend/Change Nonimmigrant Status)Package your H4 EAD Application with Supporting Documents.Mail your H4 EAD Application to USCIS.Receive your H4 EAD Receipt Notice.
Can I apply for H-4 extension myself?
You can apply whenever you are eligible and it is convenient for you. Q: Do I need to apply for H4 visa EAD through an attorney, or can I do this on my own? A: Just like any other immigration petition, you don't have to go through an attorney, and you can do it yourself.
How much does it cost for H-4 extension?
$370. You and each co-applicant must also pay an $85 biometric services fee.
Can I stay in US while H4 is pending?
H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry.
Can I apply H4 extension from India?
Your employer cannot file for their H-4 extension while they are in India. They can either return before their H-4 visa expires and then file for the extension. Or, they can wait until your H-1B petition is approved and then go for an H-4 visa...
What documents are needed for H4 extension?
Documents for H4 ExtensionForm i539 and Form i539A.H4 Visa Stamps in Passport (If Any) – Color Copy.H1B Primary i797A approval Copy – required only if filing H4 extension separately from H1B extension.Most Recent I94. ... Most Recent Entry to US Immigration Stamp – Check the US immigration stamp in your Passport.More items...
What happens if H-4 visa expires?
You cannot work if your existing H4 EAD card has expired and renewal is in process. You should get the approved H4 EAD card in your hand to restart the work unless you are eligible for auto extension using a valid H4 i94.
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.
Do I need a lawyer to file I-539?
So they go on the internet, come across Form I-539, Application to Extend Stay. Without consulting with an immigration lawyer, they fill out the I-539 themselves and file it with USCIS. The I-539s are routinely denied and then the person is considered to be out of status and to have accrued unlawful presence.
Can H4 dependent work in USA?
You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.
Can we do H4 in premium?
Is there Premium Processing for H4 Visa ? No, there is no premium processing option for H4. It is only available for the H1B holders.
How long does it take for H4 extension approval after h1b approval?
The H4 extension approval should be on the way too in about 1-30 days.
Can we apply H4 extension before 180 days?
H4 EAD Automatic Extension: 180 Days Policy 13(d) to give an automatic extension of H4 EAD (filed under EAD Category Code (c)(26) ) for up to 180 days based on the below conditions. H4 spouses should have filed H4 EAD renewals using Form I-765 on time before the H4 status expiry.
What happens if H-4 visa expires?
You cannot work if your existing H4 EAD card has expired and renewal is in process. You should get the approved H4 EAD card in your hand to restart the work unless you are eligible for auto extension using a valid H4 i94.
What is an H4 visa?
H4 visas are issued to legal dependents, usually either spouses or children under 21 years of age, of an H1 visa holder. These dependents can accompany the H-1 visa holder to the United States and are also eligible to work after obtaining an Employment Authorization Document (EAD) from the DHS. It comes with an expiration date after which you, ...
What is the best package for H4 visa?
For H4 visa holders who are currently in the United States, a medical coverage package is the best solution right now. These packages cover unexpected medical expenses, supplemental travel expenses, bedside visit expenses, expenses due to death, and more.
How to renew a nonimmigrant visa?
The first is to apply for an extension by filing an EOS (extension of stay) or COS (change in status). These applications are being accepted and processed. As far EADs are concerned, the USCIS is processing them as well. Even though Application Support Centers remain closed, the USCIS is reusing previously submitted data to process these applications, including Form I-765. For applicants who had their appointment with the ASC on or after March 18, 2020, the USCIS will reuse their data to process their applications.
What insurance companies offer H4 visas?
Various insurance packages are being offered by several insurance companies like Seven Corners and INF Insurance, among others. Seven Corners is primarily for COVID-19 travel and medical coverage, while INF is specifically for travel.
How to extend EAD?
To extend your near-expiring EAD, you are required to submit Form I-539, Application to Extend/Change Nonimmigrant Status. Because of the suspension of offices due to COVID-19, the USCIS has allowed certain flexibility.
Why did the USCIS suspend its operations?
The USCIS, DHS, ASC, and other government agencies have had to suspend their day-to-day operations to slow down the spread of the coronavirus. This has resulted in delays in all immigration-related processes. Nonimmigrants are required to depart the United States before their visa status expires.
When will the USCIS reuse the ASC?
For applicants who had their appointment with the ASC on or after March 18, 2020, the USCIS will reuse their data to process their applications. You are required to file promptly for your EAD extension. While there is some flexibility granted for late filings, you should avoid them wherever possible.
When will USCIS stop extending nonimmigrant status?
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule.
How to pay for USCIS lockbox?
When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Is USCIS revising form instructions?
USCIS is in the process of revising form instructions to reflect the changes made by this policy update. Any revisions to the form instructions will be made in accordance with the Paperwork Reduction Act. Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final ...
How long is an H4 visa valid?
So if your spouse has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. That is the length of time that you can to stay in the U.S.
Where to apply for H4 visa?
If you are outside the U.S, you will need to submit your application for H4 Visa at the U.S Embassy where your spouse or parent has applied or in your home country if you and your spouse are of different nationalities. If you are within the U.S, you can submit your H4 visa application through the USCIS.
How Long Can I Stay in the U.S With an H4 Visa?
When you apply for the H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This form states the dates that the visa of your spouse or parent is valid. Based on this, the U.S Embassy will also grant you a visa with the same validity of your spouse ’s or parent’s visa.
How to check H4 status?
You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number. The Embassy will notify you once they process your H4 visa. If you have been granted the H4 visa, you will need to go for the visa stamping procedures.
How much does an H4 visa cost?
H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190. Pay the fee and save the receipt, as you will need it later during your application procedures.
Who is eligible for H4 visa?
The H4 visa is issued to the dependent family members of an H1B visa holder (spouse and children under 21 years) who want to join the H1B visa holder in the United States.
Do H4 visa holders need health insurance?
However, although not mandatory, most US residents have health insurance anyway, simply because the cost of health care in the US is very high, and people with an average income cannot afford it if they have to pay out of pocket.
What is the H-4 Visa?
The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principle H visa holder into the U.S. The current H visas include:
What is evidence of H-4 status?
Evidence of your H-4 status such as a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.
How long does it take to get an I-485?
Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process depending on how busy your USCIS service center is. After your status is adjusted (from H-4 to green card), you will officially be a lawful permanent resident.
Can I submit an I-797 to my spouse?
Evidence that your spouse has an approved I-140. You can submit the I-797 approval notice for the green card.
Can I get my spouse's I-140 revoked?
Also, if your spouse has multiple I-140s approved with the USCIS, having one revoked will not invalidate your EAD. The regulations only state that your spouse needs to have an approved I-140. Alternatively, you may also be able to qualify if your spouse was admitted for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). Speak with your immigration attorney to see if you fall under this exception.
Can I file an I-765 for an alien worker?
If you are qualified, you can file an I-765 Immigrant Petition for Alien Worker. You will need to submit the following documents as well in order to avoid unnecessary delays and requests for evidence (RFEs):
Can my spouse sponsor me for a green card?
If your spouse becomes a citizen, he or she can sponsor you for a marriage-based green card, which is the green card with the shortest processing time.
How long before I-94 expires can I extend my stay?
We recommend that you apply to extend your stay at least 45 days before your authorized stay expires. You may apply to extend your stay if:
How to extend stay in the US?
If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
Can you be ineligible for a visa if you have not committed a crime?
You have not committed any crimes that make you ineligible for a visa
H4 Visa Process
For foreigners living in USA who want to bring their spouse to the USA, here is a step-by-step process for obtaining a H4 visa.
EAD For H4 Visa
Qualified H-4 dependent are now eligible for employment in the US; here is a step-by-step guide for EAD for H4 Visa holders.
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 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.
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 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 H4 visa change?
On February 24, 2015, it was announced by USCIS that this rule would change beginning May 26, 2015. The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.
How to apply for H4 EAD?
To apply for an H4 EAD, you need to first own an H4 visa. That means that you need to be the spouse of someone who owns an H1B visa or the child of the holder. If you are the child, then you must be under the age of 21, and not be married.
Why is H4 EAD important?
The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.
What is an H1B visa?
H1B visas are meant for people who have a degree and want to work in the United States. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.
When will H4 EAD be removed?
The removal of H4 visa EAD has officially been included in the Spring 2018 Regulatory Agenda (set to be in June 2018) titled “Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”. What this agenda item basically said was that the DHS intends to amend the rule regarding H4 EAD’s and that they will possibly remove this EAD in line with the EO.
How much is the DHS application fee?
An application fee of $410 must be paid to the DHS before your application can be processed. Some people are exempted from paying this fee, however.
When did the H4 EAD rule come into effect?
But in 2015, the H4 EAD rule was implemented. After the rule passed, those who were eligible for it could start applying for an Employment Authorization Document. Not long ago, in 2019, USCIS came with the suggestion of getting rid of the program. However, it’s still not certain whether their request will be accepted or not – it’s all still up for debate.
Why send a new i94 to USCIS?
Sending the new i94 to be attached to your currently pending H4 EAD may help you save USCIS processing time.
Does the i94 match the i94?
Both online and paper i94 details should match if its the most recent i94.
