Visa-Faq.com

when can h4 visa holder apply ead

by Izaiah Connelly DDS Published 2 years ago Updated 2 years ago
image

H-4 visa EAD can be applied as soon as H-1B spouse's I-140 is approved, as there is no waiting time (minimum duration) after the approval of I-140 when H-4 visa can be applied.

Full Answer

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:

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.

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.

Why is it important to have an immigration attorney?

Hiring an immigration attorney can help you save time, effort, and also money.

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.

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.

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.

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.

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.

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:

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 H4 Visa Holders Extend Their EAD?

H4 visa holders, upon satisfying certain conditions, can apply for an EAD to work in the United States. You are required to file Form I-765, Application for Employment Authorization, and provide relevant documents. Then the EAD will be issued in the H4 visa holder’s name. But just like any other immigration-related documents, it comes with an expiration date. This date is printed under the “Card Expires” section of the EAD.

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 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 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.

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.

Does H4 EAD need Biometrics ? Include Fee ?

H4 EAD application on its own does not need biometrics. There is no requirement from USCIS to give Biometrics, if you apply for H4 EAD alone using Form I-765.

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.

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

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.

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.

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.

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.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9