How to Apply EAD for H4 Visa
- Proof of Your Status – Current I-797 form or I-94
- Relationship Proof – Copy of Marriage Certificate
- Work Authorization Approved form I-140 (or) H1B Visa holder AC21 extension ( I-797 or I-94) Passports I-129
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. ...
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).
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.
Can I get EAD when on H4?
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.
What is the process of getting H4 EAD?
Step by Step Guide to Apply for H4 EADStep 1 : Complete form I-765 – Application for Employment Authorization. ... Step 2 : Package your H4 EAD Application with Supporting Documents. ... Step 3 : Send / Mail H4 EAD Application to correct USCIS Address. ... Step 4 : Get Receipt of H4 EAD, USCIS Processing, Received EAD Card.
How long does it take for H4 to get EAD?
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?
USCIS to address such forms that do not have premium processing and need faster processing, provides an option called “Expedite request”. Anyone can apply for Expedite request based on certain criteria like severe loss to company or person, urgent humanitarian reasons, US govt. interests, or USCIS error.
Which is better H-1B 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 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.
What is the eligibility category for H4 EAD?
H4 EAD Eligibility category code is C(26).
Can I 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.
How much does H-4 EAD cost?
To apply for H4 EAD, applicants must complete and submit Form I-765 to USCIS along with the appropriate H4 visa EAD fees. The current H4 EAD fees for Form I-765 amounts to $410 USD.
What is the eligibility category for H-4 EAD?
H4 EAD Eligibility category code is C(26).
Can I apply for H-4 EAD from India?
Can I file 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.
What are the documents required for H-4 EAD?
The documents required to apply for H4 EAD are listed and explained below.Evidence 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 for an H1B spouse to get extended?
H-1B spouse must have extended H1B status beyond the initial 6 years under AC-21 rule in one year increments. That happens when the H-1 spouse’s employer has a Perm Labor Certification (LC) I-140 filed for H-1B beneficiary at least 365 days prior to the end of the sixth year of H1B status.
Can an H4 visa be used for EAD?
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. For example, his would happen if the H-1B spouse came to the U.S. on student visa and studied in the US for several years before changing to H-1B visa. The condition as mentioned here must be met.
Can an H4 visa holder work part time?
Advantages. There are several advantages of H4 visa EAD: H4 visa EAD holder can work full time or part time for any employer in any position or in any field. Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too.
Can an H4 visa holder start their own business?
H4 visa based EAD holder can start their own business of any kind.
What form do I need to file for H4 EAD?
To secure the USCIS H4 EAD card, the qualifying H4 nonimmigrant must file the Form I-765, Application for Employment Authorization, with the USCIS, along with supporting documentation and fees.
Who is eligible for H4 EAD?
To be eligible to apply for H4 EAD, the foreign national must be the dependent spouse of an H1B nonimmigrants who:
How long is an H4 card valid?
The USCIS H4 EAD card will be valid for as long as the H4 Status is valid, even if the grant of the EAD is based on a one year extension of H1B status.
How long is H1B status good for?
Has received one-year extension of H1B status beyond the sixth year under the American Competitiveness in the 21st Century Act of 2000, based on a filed I-140 or labor certification.
Can dependent spouses on H4 get EAD?
While the USCIS now allows certain invidivuals in H4 status to obtain work authorization through the Employment Authorization Document or “EAD Card”, it should be noted that not all dependent spouses on a H4 status qualify to apply for H4 EAD.
Can I get an EAD revoked after H4?
If the I-140 is revoked after the H4 EAD has been approved, then the EAD for H4 spouse will remain valid and will not be automatically revoked. USCIS does have the ability to revoke an EAD if the I-140 has been revoked. As of the date of this writing, in practice, USCIS has not revoked any EAD’s simply because an I-140 was revoked.
Can I file an I-765 with H4?
The Form I-765, Application for Employment Authorization can also be filed simultaneously with the H1B and H4 extension petitions.
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:
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 .
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 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):
How long does it take to get H4 EAD?
H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers.
When is an EAD approved?
Your EAD is approved if your application status shows as a new Card is Being Produced Meaning on the USCIS website.
Where is the EAD processing center?
EAD Processing Time Dallas or Phoenix. There are no USCIS service centers named Dallas or Phoenix. You just send your applications to lockboxes (mailbox) located in Dallas and Phoenix. After that, USCIS routes your EAD application to the actual service center.
What is status update USCIS?
USCIS allows you to ask for a status update if your case is taking more than other cases and they call it ‘outside normal processing time’.
Can EADs keep working?
USCIS has officially allowed many EADs categories to keep working if their current one expires and their extension application is pending .
Introduction
h4 EAD – Who Qualifies?
- While the USCIS now allows certain invidivuals in H4 status to obtain work authorization through the Employment Authorization Document or “EAD Card”, it should be noted that not all dependent spouses on a H4 status qualify to apply for H4 EAD. To be eligible to apply for H4 EAD, the foreign national must be the dependent spouse of an H1B nonimmigrants who: 1. Is the principal benefi…
How to Apply For h4 EAD?
- To secure the USCIS H4 EAD card, the qualifying H4 nonimmigrant must file the Form I-765, Application for Employment Authorization, with the USCIS, along with supporting documentation and fees. When filing the H4 EAD application, the H4 visa holder must provide the following supporting documents: 1.Proof of H4 Status (i.e. copy of I-94, H-4 visa, I...
h4 EAD – Concurrent Filing
- The Form I-765, Application for Employment Authorization can also be filed simultaneously with the H1B and H4 extension petitions. If the H4 extension/change of status application (Form I-539) and H4 EAD application are filed together or “concurrently”, USCIS will adjudicate the H4 EAD application only after the H4 extension of stay or change of status is approved.
Travel When h4 EAD Application Is Pending
- The Form I-765 must be filed while the H4 holder is physically present in the US as the applicant must actually be in H4 status to be eligible to file for the EAD. Once the I-765 is filed, the H4 holder can travel abroad while the H4 EAD application is pending.
h4 EAD: How Long Will They Be valid?
- The USCIS H4 EAD card will be valid for as long as the H4 Status is valid, even if the grant of the EAD is based on a one year extension of H1B status. Example: Employer files a two-year extension of H1B. The Beneficiary has one year remaining of H1B time and qualifies for a one year extension based on a pending Labor Certification. An H4 extension of stay is also filed concurre…
Effect on h4 EAD If H1B Spouse’S I-140 Is Revoked
- If the principal H1B’s I-140 is revoked before the H4 EAD application is filed or while it is pending, the EAD should be denied as the H4 holder is no longer eligible for the EAD (unless the H1B holder is still eligible for a 1 year extension). If the I-140 is revoked after the H4 EAD has been approved, then the EAD for H4 spouse will remain valid and will not be automatically revoked. USCIS does …