H4 Ead Validity

But now if I change my employer does it affect her EAD validity? another question: can I extend her …. Form I-9 Alert: New Rule Will Automatically Extend Expiring EAD By Glenn Rissman on November 21, 2016 Posted in Immigration Ver la versión en español aquí. December 19, 2017. The EAD allows a J-2 dependent to work in any job, full -time or part-time. The EAD validity period will match the H-4 dependent spouse's period of stay (up to a 3 year maximum). The validity beginning date on EAD will be the date on which USCIS adjudicated the Form I-765 or the date on which the applicant acquires qualifying H4 status, whichever is later. Thus, you can see so many H4-EAD jobs being offered to you below based on the location of the candidate. Even a Person with EAD could take multiple Jobs. Use of an EAD has a similar impact on H-4 dependents as it does on the H-1B principle applicant. This is an online non-immigrant visa application form required by most United States consulates worldwide. DID YOU KNOW? If the H4 EAD application is adjudicated well after the H4 application, either because there was an issue with the I-765 or it was filed after the H4 application, the EAD validity date will not be backdated. 5 yrs Exp in Manual Testing, Selenium-Java Automation Testing, s/w dev. The fate of the H-4 EAD has been in the news again recently due to the publication this week of a letter from USCIS Director Francis Cissna to Senator Charles Grassley, dated April 4,2018. It is a plastic-laminated identity card with the alien's name, photo, and an expiration date. com Skip to Job Postings , Search Close. For example, if an H-4 dependent spouse receives an AOS-based EAD card and commences employment, and was not eligible to apply for an H-4-base EAD, s/he is no longer maintaining valid H-4 status and would need a valid AP before traveling abroad. Then we applied H4 EAD and got approved with. What has traditionally happened when DHS eliminates a benefit is that existing documents remain valid but cannot be extended or renewed, and a final acceptance date for renewal. Those stuck on the H4 EAD roller coaster are in for a serious round of stocktaking. Most of them using firm RN Law Group. Pro 1: Flexibility. The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. H4 EAD Processing time & Validity. Can I use I-539 to change the status?. H4 EAD - Work on an H4 Visa Historically, spouses of H1B visa holders were not allowed to work in the U. Reason: H4 EAD is itself not a status but H4 is a status. Then we applied H4 EAD and got approved with. EAD allows you to work full-time or part-time, with one employer or multiple employers, as an employee or a contractor. Filing the EAD along with the extension might be the reason for all the confusion. This blog covers FAQs and H4 EAD updates on a daily basis. The small EAD must be possessed by the candidate before he can join the company for the work. The validity of a U. The spouse may begin working in the U. How to Apply for H4 EAD. Got call from Senator office they USCIS can not entertain expedite requests. We track various forums and then share the best H1b case approval dates here: AM22 Tech Current H1B Processing Times 2019 - Nebraska, California, Vermont - AM22 Tech California H1B new 366 days, H1B cos 366 days, H1B extension 366 days, H1B amendment 366 days, H1B. EAD, or employment authorization document, is a document issued by USCIS that allows people who already hold a US visa to work legally in the US. How soon can I file for H4 EAD renewal. You will have to fill Q So the old cancelled passport has stamping for both of us. Below is a partial list:. The number of H-4 visas allocated to family members of H-category nonimmigrant workers increased from 47,206 in Fiscal Year (FY) 1997 to 136,393 in FY 2017. Trump Administration creates a disorderly mess on H-4 EAD. Most EAD cards are valid for 1-2 years and will require renewal. I am planning to switch to employer B at this time, but the validity I get could be shorter than Jan 2021 (let's say April 2020). Thinking it might be delayed, to be on safe side I applied for future effective date from 11/25/2016. When applying for adjustment of status, the fee is calculated to include Form I-485, I-765 (Application for Employment Authorization Document) and I-131 (Application for Travel Document). A person in possession of a valid and unexpired EAD may work in the USA only during the validity dates written on the EAD itself. Use of an EAD has a similar impact on H-4 dependents as it does on the H-1B principle applicant. Which means, if a H1B worker gets married and wife comes to America on H-4 visa, this rules doesn't provide them with work authorization. My husband's I140 will be approved in June. The validity beginning date on EAD will be the date on which USCIS adjudicated the Form I-765 or the date on which the applicant acquires qualifying H4 status, whichever is later. Your spouse can go for stamping any time during the three-year period for which your visa is valid. If USCIS approves the I-765, the H-4 spouse will receive an Employment Authorization Document (EAD). The expiration date of the EAD will coincide with the validity of one's approved H-4 status. To Parent Forum October 26, 2017 at 11:18 pm #39479 mthakershiParticipant Hello everyone, Is Type 1 certificate required from FCCPT if I am on H4 EAD? I have valid licenses. The question is: Will my EAD still be valid after I change my status from L2 to H4? thanks. However, the average time period is around 90 days or 3 months. USA consulate will give the h4 visa for the same time as the spouse's h1b visa validity. Then we applied H4 EAD and got approved with. Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U. Complete Form I-765 using the Instructions for Form I-765, along with G-1145 for notifications on your application status. H4 EAD Processing time & Validity. The validity of the EAD is another 4 months (per my H1B validity). Nine commenters requested that DHS issue the Employment Authorization Document (EAD) (Form I-766) with a validity period that matches the H-4 dependent spouse's status. After months of speculation and discussion, USCIS has taken the initial steps in the rulemaking process in order to take away the H-4 EAD work authorization for certain H-4 spouses which had been available since 2015. of this Memorandum of Agreement. When filing Form I-539 to request an extension of one’s H-4 status, a new I-765 may be filed at the same time. If the card becomes active in a future date, then you would have to wait until the start date. My husband is a resident of US/H1 holder. as an H-1B or H-4 (Spouse / Child of H-1B Worker) visa holder, you must possess a valid passport and a valid visa stamp inside your passport. Pro 1: Flexibility. In order to work in the US, you must wait for approval before starting to interview and seek employment. The spouse may begin working in the U. EAD Validity Period. Pros and Cons. ead , executive action , H-4 , I-765 , work permit Certain H-4 dependent spouses of H-1B visa holders may now apply for an Employment Authorization Document. after a trip abroad. Regarding H-4 EAD Applications _____ 1. Then we applied H4 EAD and got approved with. Once you get the receipt number, H4 EAD status can be checked on USCIS site. I have not applied for EAD&AP. Berkeley International Office. The one in possession of a valid and unexpired EAD may work in the USA only during the validity dates written on the EAD itself. Q26: My wife is eligible for EAD as per rule. EAD Validity Extended for Six Months for TPS El Salvador By Kristen W. EAD expedite approved If your expedite request is approved, you'll likely get a notice in the mail and copy of your brand new work permit! Your work permit will likely be valid for 1 year and will become invalid after your green card is approved. However, we will not process your Form I-765 (except filing fees), until after we have adjudicated your Form I. Your spouse can go for stamping any time during the three-year period for which your visa is valid. It can also be renewed if your I-485 or Adjustment of Status is not yet filed or still in process. In order for H4 visa holder spouse to be eligible to apply for EAD: The spouse must be on a valid H-1 visa status and must maintain valid H-1 visa status. The validity of a U. Or I got to wait till I receive the copy of my new I Deep, Yes, submit bio pages from both passports and all visa stamps valid and canceled from old passport. H-4 EAD for Certain Dependent Spouses Now in Effect May 29, 2015 by Asheesh Sharma. · Even though there are strict restrictions for a H1B visa holder, it would be easy for a H4 spouse to get a Job in US. EAD is actually much more flexible than a H1B status. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders. You are authorized to work only after the application is approved and only through the expiry date. There are high chances of a law suit to be filed by the immigration attorneys once the administration finalizes the H4 EAD rescind rule. This requirement of maintaining continuous validity of H-4 EAD makes it difficult to ensure uninterrupted employment, especially since the H-4 EAD is linked to the spouse's H-1B. Premium processing is not available for EAD applications. How Long is the EAD Valid? After you get your EAD and start working, it is valid usually for 1 year. H4 EAD status. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a half months. 12(c)(26) is not an entry document. Contingency on H-1B principal's status. The spouse may begin working in the U. The Employment Authorization Document (EAD) Application When you send the I-485 status adjustment application to USCIS, you may also submit the I-765 form for Employment Authorization Document (EAD) application, if you want to work in the United States while your I-485 adjustment of status application is under processing. GC EAD, GC, H4 EAD, OPT (Workable on C2C & W2). In the 27 years that the H4 visa has existed, it’s only in summer of 2015 that a certain subset of H4 visa holders (whose H1B spouses had applied for green cards) were allowed permission to. If you change employer's before the expiry of your H1, the H4 that was issued continues to be valid till the end date stated on the H4 approval notice. The validity of the EAD will be mentioned on the EAD card. The EAD holders are authorized to work anywhere and at any place in the United States. I am applying for an H-4 extension of status and an H-4 EAD renewal, but my passport expires in five months. There's still some hope for H4 visa holders in US. H4EAD is still valid as long as h1/h4 is valid, no need to transfer/reapply. If USCIS approves the I-765, the H-4 spouse will receive an Employment Authorization Document (EAD). consulate in their home country. Can the USCIS approve the extension and EAD beyond the passport validity date?. I am planning to switch to employer B at this time, but the validity I get could be shorter than Jan 2021 (let's say April 2020). You can apply for new H4-EAD and H4-EAD renewals at this time. Hi, I am currently with Employer A with H-1B petition valid till Jan 2021. The EAD expiration date will generally match the H-4 nonimmigrant status expiration date. The category of the I-140, like EB-1, EB-2, won't cast any impact since it doesn't matter. The validity of the EAD will be mentioned on the EAD card. Pro 1: Flexibility. This document will be a card issued to aliens who are authorized to work temporarily in the United States. This is as long as you maintain H1 status. A person in possession of a valid and unexpired EAD may work in the USA only during the validity dates written on the EAD itself. However, since the beginning of the year, many EADs have been delayed beyond 120 days, and that is without the additional volume of H-4 EAD applications. I am an IMG and would like to know if I would still need to apply for H1B or would H4 EAD suffice for residency? any help is apprecited, Thankyou. Your spouse's EAD will be unaffected as long as your visa is valid. H4 Visa Requirements and Checklist for Spouse JAN 25 2009 If you are a regular visitor to my blog then you might be knowing I got married last month and came back to US leaving my wife back in India. The I-765 is an H-4 spouse’s personal application for an optional benefit, so FSIS cannot assist with preparing and filing these applications. 5 yrs Exp in Manual Testing, Selenium-Java Automation Testing, s/w dev. H4 valid till Sep 2015- When to apply for H4-EAD? My H4 is valid till Sep 2015. On December 14, 2017, U. Form I-140 used to file H4 EAD has this language(For your convenience, you may file Form I-765 with Form I-539. , they can apply for their H-4 visas at the U. What follows is a list of answers to the most frequently asked questions about this policy:. Since the EAD is a “List A” document, it proves both your identity and work authorization. · H4 EAD would be more attractive & Lucrative, since there is no Employer restriction, Wage Restriction or workplace/Client Place restriction. The step 7 (Preparation of Final Rule, Interim Final Rule or Direct Final Rule) of the H4 EAD rule making process is Complete and the final rule is submitted to OMB for review and approval. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa. EAD allows you to work full-time or part-time, with one employer or multiple employers, as an employee or a contractor. Hello, My spouse has H4 EAD and is looking for Job. H status validity when using AOS EAD My husband and I submitted our 485/765/131 package based on a current 140 a few months ago. In this article, we will look at the official guidance from USCIS for H4 EAD category, if they can work or not and also, if the 180-day automatic extension applies to H4 EAD holders. The Rule does not state whether the H-4 spouse remains eligible for EAD if the approved I-140 petition has since been revoked. Here are some comments on the details: Changes From the Proposed H-4 EAD Rule EAD Validity Duration. H4 EAD status. EAD Validity Period. EAD refers employment authorization document which is a work permit given to spouses of dependent spouse of H-1B visa holders. H-4 spouses however must be advised that since the process to dismantle eligibility is well underway, they should apply for the benefit immediately. I'm currently on L2 visa, a dependent of my husband who is on L1. Hi, I am currently working on OPT EAD which is valid till Jan 2016. What is the validity of H4 visa. H1B Processing Time USCIS H1B Processing Time. Hello, I have a quick question on the H1b transfer and H4 EAD validity. The situation would be reverse (not ok) when the approval is not valid. Quick Payday Loan H4 Ead We offer you urgent financial aid with the best interest rates, and, on top of that, Quick Payday Loan H4 Ead Instant Poor Credit Personal Loans Lenders a very rare option that is available from private lenders: a $500 micro loan that can be paid off over the course of H4 Ead Payday Loan Quick 6, 12, 24, and even 36. So even if you get the EAD, you could only use it to work if you were in H-4 status (e. Never had H1 B stamping since 2007. Your H4 ead will be valid if : 1- You are maintaining valid H4 status. Requirements for H-4 Visa Stamping In order to travel internationally, exit and enter the U. DHS has not indicated how it plans to phase out the H-4 EAD program; it is not yet known whether DHS will simply stop renewing H-4 EADs after their expiration or if valid EADs will be terminated as of a certain date. Apply 180 days before your current H4 EAD card expiry to get full 3 year validity. H4 visa holders can start a business after getting EAD: Sheela Murthy. Is H4 EAD still valid while OMB review is pending? H4EAD is still valid. H4 EAD status. Possible Outcomes for current H4 EAD Holders: Allow current H4 EAD holder to continue to renew Let H4 EAD expire after a certain time (No Renewal when current H4 EAD Expires) Abruptly terminate H4 EAD validity when rule becomes effective; What’s Next: Learn about Rule Making Process and be ready to Participate in Public Comments. An employment-based priority date is established by filing of an application for labor certification (PERM), or, in immigrant visa categories that require no underlying labor application, by the filing of the I-140 petition itself, per revised 8 CFR §204. The I-765 is an H-4 spouse's personal application for an optional benefit, so FSIS cannot assist with preparing and filing these applications. The situation would be reverse (not ok) when the approval is not valid. The letter provides an updated time frame from DHS regarding its plan to rescind the rule. The fate of the H-4 EAD has been in the news again recently due to the publication this week of a letter from USCIS Director Francis Cissna to Senator Charles Grassley, dated April 4,2018. I am an IMG and would like to know if I would still need to apply for H1B or would H4 EAD suffice for residency? any help is apprecited, Thankyou. To avoid future gaps in employment eligibility – one’s EAD has to be valid in order for H-4 spouses to work –. An EAD issued to an H-4 dependent spouse under 8 CFR 274a. roberto_1977 · 1 decade ago. A person in possession of a valid and unexpired EAD may work in the USA only during the validity dates written on the EAD itself. The requirements are as follows:. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. Premium processing is not available for EAD applications. Travelling when H4/EAD extension is pending. The category of the I-140, like EB-1, EB-2, won’t cast any impact since it doesn’t matter. H4 EAD Eligibility H4 visa holders can apply for an H4 visa EAD as long as their H1B spouse meets the necessary eligibility requirements. H-4 children are not eligible for work authorization. I have been following up with USCIS on a daily - Answered by a verified Immigration Lawyer. Berkeley International Office. In a status report filed on February 28. EADs that are approved will be issued for “…a validity period that matches the H-4 spouse’s remaining authorized period of admission, which [generally] may be as long as three years…” USCIS Teleconference on Feb 26th to Discuss H-4 EAD Rule. Applying for an H-4 EAD Eligible H-4s will not receive work authorization automatically. USCIS may grant employment authorization for the maximum time allowed even if the AC21 §§ 106(a) and (b) portion of the H-1B spouse's extension is only for part of the full validity period. When filing Form I-539 to request an extension of one's H-4 status, a new I-765 may be filed at the same time. You are authorized to work only after the application is approved and only through the expiry date. Can H4 EAD Spouse Work. Can I apply for H4 EAD now ? - North Carolina Immigration Law Questions & Answers - Justia Ask a Lawyer. 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. Be it a new or an expired one. offers a comprehensive IT training and job placement program designed specifically for H4 EAD candidates. Pending H4 EAD application don’t give any valid status for employment purposes. Please note - The EAD validity is controlled by the validity dates listed on the EAD card. What follows is a list of answers to the most frequently asked questions about this policy:. To avoid future gaps in employment eligibility – one’s EAD has to be valid in order for H-4 spouses to work –. ead , executive action , H-4 , I-765 , work permit Certain H-4 dependent spouses of H-1B visa holders may now apply for an Employment Authorization Document. The EAD expired and the automatic EAD extension validity period has expired or expires within 14 calendar days If an applicant submits an expired EAD and the automatic EAD extension has expired or will expire within 14 calendar days, follow RM 10213. We will be speaking to the USCIS and updating on this issue. Advantages of H4 Visa EAD. after a trip abroad. The validity of the H4 visa depends upon the spouse’s H1b visa. The term of H-4 Spouse EAD card validity is expected to be the same as the underlying H-4 status. "My husband's Green Card is stuck in the queue for the last 10 years. The aliens with EAD are allowed to work for any employer in the United States. According to the I-9 Employment Eligibility Verification Form, it is enough if a person possesses a social security card as long as the card does not state any restrictions such as "Not valid. The spouses of some visa holders are now able to get an Employment Authorization Document (EAD). Form I-140 used to file H4 EAD has this language(For your convenience, you may file Form I-765 with Form I-539. Thus, you can see so many H4-EAD jobs being offered to you below based on the location of the candidate. When the H1 validity ends the H4 EAD will no longer be valid, so you'd need to stop operating. The Employment Authorization Document (EAD) is an employment benefit available to J- 2 dependents. What follows is a list of answers to the most frequently asked questions about this policy:. Again, note that the international employee cannot begin working (at Vanderbilt or any other place of employment) until the EAD start date and must stop working on the EAD end date. H1B Processing Time USCIS H1B Processing Time. A very good news for H4 spouses who are waiting for the EAD Updates. Will s/he are exempt from the SSN/MEDICARE or s/he will applicable to pay the taxes?. to continue to work pursuant to your EAD, we recommend that you present a valid Advance Parole to apply for re-entry to the U. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. If H4 is approved before EAD, you must stop working. Citizenship and Immigration Services (USCIS) to certain people who are in the United States and legally permitted to work here. In order to work in the US, you must wait for approval before starting to interview and seek employment. They will continue to be on H4 so long as you are on H1B status and their H4 is valid. of this Memorandum of Agreement. If her i-94 has expired and transfer to C was not filed in a timely manner, your spouse may be out of status. Unfortunately, the automatic work authorization based on pending EAD renewal does not apply to all types of EADs. Can H4 EAD Spouse Work. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. An Employment Authorization Document (EAD) is a work authorization document issued by USCIS. Even a Person with EAD could take multiple Jobs. For instance, if you entered on H4 visa, then moved to student visa (F1 visa) or was on student visa status, you cannot actually file for H4 employment permit just because you were previously granted H4 status. We sponsor H1-B, H1 transfer and GC for qualified candidates; Willing to put an extra effort to gain technical expertise in a short time. Please see our earlier report for background and context for this opportunity which has been many years in the making. If you have H-4 nonimmigrant status and depart the United States, you must use your valid passport and H-4 nonimmigrant visa (unless you are visa exempt) or other travel document to return to the United States. H4EAD is a boon for the ambitious talented women who are not only supporting their family but are role model for their kids as well as the society. The validity period of EAD for H4 will be the same as the validity of your H4 status. on a valid H1B visa. EAD refers employment authorization document which is a work permit given to spouses of dependent spouse of H-1B visa holders. Do I qualify for the H4 EAD Program? Not all those who have an H-4 visa and are dependents of H-1B visa holders are eligible to apply for an EAD. The number of H-4 visas allocated to family members of H-category nonimmigrant workers increased from 47,206 in Fiscal Year (FY) 1997 to 136,393 in FY 2017. Timing for the H-4 EAD filing is crucial as the expiration of the EAD is based on the spouse’s H-1B expiration, and it behooves the applicant to obtain the longest validity period for the EAD. Please note this is a preliminary step in the rulemaking process; the H-4 EAD remains available and valid until and unless a new rule is finalized. H4 Validity : 02/2020 H4 EAD Validity : 08/2020 Can I file H4 EAD extension with H1B and H4 extension applications in September 2019 ? My concern is, whether I should file for H4 EAD extension along with my H1B and H4 right away OR wait till march and only file 180 days before the expiry of current EAD doc. USCIS also currently issues EADs valid for 18 months to applicants with valid Temporary Protected Status (TPS). Will my existing H4 EAD be valid after USCIS implements the rule ? USCIS will publish the guidance on the impact and what happens to existing H4 EADs and their validity once they implement the rule. District Court, it appealed to the Court of Appeals for the D. The employer could rely on the expiration of the Employment Authorization Document (EAD/Form I-766) to determine that the employee could no longer work in the United States (U. The H-4 visa holder’s spouse can apply for it soon after his/her I-140 form is. Waiting for an EAD extension approval? Wondering if you can work while it is pending? USCIS has released a Fact Sheet regarding which Employment Authorization Document's (EADs) work authorization will automatically be extended for 180 days while the renewal applications for the card are pending. USCIS is actively processing H4-EAD applications within 2-3 months. The H4 EAD trail hasn’t gone cold, it’s a tense and muted countdown to a rule change the Trump administration is likely to put out as early as February which may seek to overturn an Obama era regulation that allowed dependants of H1B workers to pursue employment in the USA. Your H4 ead will be valid if : 1- You are maintaining valid H4 status. H4 EAD COVER LETTER SAMPLE - They were kind enough to share their EAD filing experience. US green card system favors. Please note this is a preliminary step in the rulemaking process; the H-4 EAD remains available and valid until and unless a new rule is finalized. The agent at SSA office told me that she cannot verify my EAD details and that she needs more time to verify. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. That is unknown at this time. So what should be the effective date in I-539? Note: EAD was received based on a pending I-485 on EB1C category. But h4 family member are not allowed to work. When will I need to extend my EAD? To extend the validity of your EAD card, you should file for a renewal by submitting another Form I765 between 90 and 1- 20 days before the original EAD expires. An EAD is valid for two years from the date it was originally issued. The latest Tweets from AM22 Tech (@AM22Tech): "Uber driver gets green card faster than Indian high skilled doctor on #H1B visa in 2018. Another advantage that green card holders possess is the ability to travel freely in and out of the. An employment-based priority date is established by filing of an application for labor certification (PERM), or, in immigrant visa categories that require no underlying labor application, by the filing of the I-140 petition itself, per revised 8 CFR §204. H1B Visa Transfer - transfer to a new employer, any time of year. Green card is in process. On February 20, 2019, the Department of Homeland Security (DHS) filed a proposed regulation with the Office of Management and Budget (OMB) for review. , whether this is the applicant's first time applying, or if it is being renewed. Changes to the H-4 EAD program are not likely to take effect until mid to late 2019. When filing Form I-539 to request an extension of one's H-4 status, a new I-765 may be filed at the same time. However, if the I-140 petition is revoked after approval and receipt of the H-4 EAD, then the H-4 EAD will continue to be valid until the expiration date indicated on the card. work permit, also referred to as an Employment Authorization Document (EAD), will vary. The Final Rule permits an H-4 spouse to obtain EAD if the H-1B holder "is the beneficiary of an approved Immigrant Petition for Alien Worker," or I-140. Holders of such an H4 visa EAD can now legally work or start a business in the U. When an individual receives an Employment Authorization Document (EAD) in connection with the filing of an application to adjust status in the United States, the EAD card that the individual receives will indicate that it's valid for a period of 1 or 2 years. How Long is the EAD Valid? After you get your EAD and start working, it is valid usually for 1 year. EADs that are approved will be issued for “…a validity period that matches the H-4 spouse’s remaining authorized period of admission, which [generally] may be as long as three years…” USCIS Teleconference on Feb 26th to Discuss H-4 EAD Rule. Employment Authorization Document (EAD) Anyone who is not a US citizen or permanent resident may need to apply for a work permit (Employment Authorization Document - EAD) before they can start working in the United States. Usually the EAD expiry date is tied to the H4 visa expiry. The validity of the H4 visa depends upon the spouse's H1b visa. since july 2007. Several questions about H-4 EADs were answered in the Final Rule (to be published in tomorrow's Federal Register). mtcontractor. When an individual receives an Employment Authorization Document (EAD) in connection with the filing of an application to adjust status in the United States, the EAD card that the individual receives will indicate that it's valid for a period of 1 or 2 years. But h4 family member are not allowed to work. H4 EAD Rule latest Status and FAQ. Yet, not all issues were fully clarified. Employment with L-2 Visa. H4 EAD Processing time Delays Lawsuits: As of early August 2019, there were multiple H4 EAD delays lawsuits filed by many individuals stating that H4 EAD adjudication delays with New H4 Biometrics Process is causing hardships for them due to the USCIS delays. The Rule does not state whether the H-4 spouse remains eligible for EAD if the approved I-140 petition has since been revoked. If the card becomes active in a future date, then you would have to wait until the start date. My question is, if I switch my job to a company B. H4 is for dependents who accompany the principal applicant and if that dependent is not there to accompany then there is no need for CBP to issue H4 status. In order for H4 visa holder spouse to be eligible to apply for EAD: The spouse must be on a valid H-1 visa status and must maintain valid H-1 visa status. Premium processing is not available for EAD applications. Additional requirements include: The applicant's spouse must be in the U. The proposal has had a devastating effect on families with H4 visas. Travelling when H4/EAD extension is pending. But H-4 visa valid upto September 2015. Who should apply for EAD and AP? Using EAD will void your H1B status, so it is better to keep valid H-1B, while having EAD as a backup. Inconsistences in Initial visa application and Green Card application Trouble continues for the Day 1 CPT students in their H-1B. Changes to the H-4 EAD program are not likely to take effect until mid to late 2019. Those stuck on the H4 EAD roller coaster are in for a serious round of stocktaking. The one in possession of a valid and unexpired EAD may work in the USA only during the validity dates written on the EAD itself. Will remove this post later today. I live in the state of Minnesota , so was wondering is it possible to get a license and work as a real estate. H4 is tied to H1, so ff H4 status is maintained and person can enter/exit as long as the visa is valid. The category of the I-140, like EB-1, EB-2, won't cast any impact since it doesn't matter. Citizenship and Immigration Services for an Employment Authorization Document (aka “EAD” or “work permit”). Hi All, Sorry for posting this here, in need of a quick answer. You could lose your right to an EAD if your H-1B spouse's PERM application and/or I-140 is denied. You are authorized to work only after the application is approved and only through the expiry date. Can I apply for H4 EAD now ? - North Carolina Immigration Law Questions & Answers - Justia Ask a Lawyer. A proposed regulation that would rescind the “H-4 EAD rule” that allows certain H-4 visa holders to apply for employment authorization documents remains pending at the Office of Management and Budget’s Office of Information and Regulatory Affairs. Since my employer is not willing to file H1B amendment, I want to apply for H4 EAD since my spouse is having I140 approved. Most of the spouses who are working on H4 EAD Program are spouses of H1B Workers from India and are equally skilled. Remember that H-4 EAD is not a separate nonimmigrant status. They will continue to be on H4 so long as you are on H1B status and their H4 is valid. Hello, My spouse has H4 EAD and is looking for Job. Inconsistences in Initial visa application and Green Card application Trouble continues for the Day 1 CPT students in their H-1B. The time-frame is dependent on the applicant's current legal status in the U. Thus, in issuing an EAD to an eligible H-4 dependent spouse, DHS generally will authorize a validity period that matches the H-4 spouse's remaining authorized period of admission, which may be as long as three years in cases not involving DOD-related services. The small EAD must be possessed by the candidate before he can join the company for the work. Here is Mixed masala question on H4/EAD/AP - I am on H1(valid for another 2 years) and applied for 485. Pro 1: Flexibility. Usually it takes 12 weeks to get it, the EAD is valid for 6 months while you wait for your GreenCard. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a half months. " Reports indicate that as many as 125,000 people are authorized to work via the H-4 visa with an Employment Authorization Document (EAD). The rule specifically limits the applicability of the rule to categories which do not require the “adjudication of an underlying application or petition before adjudication of the renewal application. Complete Form I-765 using the Instructions for Form I-765, along with G-1145 for notifications on your application status. Also her i-94 has expired in June 2018 itself. H4 EAD - Work on an H4 Visa Historically, spouses of H1B visa holders were not allowed to work in the U.