Is H4 EAD same as H1B?
The H4 visa is the dependent visas that attaches to the H1B visa. H1B visas are the most common nonimmigrant work visa available to professionals. Some H4 visa holders are eligible for EAD, an Employment Authorization Document. In my practice, H1B families have posed similar questions about the nuances of the H4 EAD.
How do I terminate my H4 EAD status?
In my practice, the most common termination of H4 EADs occurs when my clients apply for a green card. This is done through an adjustment of status (AOS) application. Adjustments of status are pursued through form I-485. When filing your AOS application, you are likely in valid nonimmigrant status.
Can a H4 dependent spouse apply for H4 visa EAD?
H4 dependent spouses are eligible to apply for H4 visa EAD as long as their H1B spouse meets one of the following requirements. H1B visa holder is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or.
Can a H4 EAD holder have an approved I-140?
If you qualify for an H4 EAD, your principal H1B holder has an approved I-140. Thus, you are likely on your way to residency anyways. Yet, maybe you would have a more favorable priority date on the visa bulletin. This could be due to your country of chargeability (birth).
How much does it cost to file a H4 EAD lawsuit?
File H4 EAD lawsuit individually for $4000. Approval in 10 to 60 days; better chance than expedite request. Biometric completion not mandatory. You can file the H4 EAD lawsuit yourself as a single party.
What are the documents required to apply for H4 EAD?
Some of the documents required to apply for H4 EAD include Form I-765, H4 visa EAD fees, and evidence of the H4 visa holder’s relationship to H1B spouse. Employment authorization for H4 visa holders is a new rule that allows H4 dependent spouses of H1B nonimmigrants to legally work in the United States.
How much does it cost to apply for H-4 EAD?
Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. This will incur an H-4 EAD visa fee of $410. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495.
Can a H4 visa holder apply for an EAD extension?
But an H4 visa holder can extend their EAD if it nears expiration, as long as their spouse still has H1 visa validity. If he/she is applying for an extension, you become eligible to apply for an extension too. After it is extended, you can stay and work in the United States. Are H4 Visa Extensions for the EAD Being Processed During COVID-19?
How much does it cost to apply for H4 visa?
The H-4 visa requires you to submit a DS-160 form, which means that you will be responsible for a $190 fee. Aside from that, to apply for an EAD you will need to file an I-765 Application for Employment Authorization. This will incur an H-4 EAD visa fee of $410.
What happens to my H-4 EAD if my I-140 is revoked?
If you have already received your H-4 EAD and your spouse’s I-140 is revoked, then your employment authorization will remain valid until it expires. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140.
Do you need a job offer for H4 EAD?
No job offer is required to apply for H4 visa EAD. Unlike the H1B visa, there is no „cap“ on H4 visa EADs, and the applicant can apply for H4 EAD at any time once his/her spouse meets the above listed criteria.
Can I file H4 EAD if my i140 is pending?
The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories like EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS. This is possible when H1B has already spent 6 years in the US but is waiting for PERM approval.
What are the requirements for an H-4 EAD?
There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. The requirements are as follows: The H-1B visa holder must have an approved Form I-140, Immigrant Petition for Alien Worker, or be in the process of getting this form approved
Can a H4 visa EAD work part time?
The H4 EAD holder can work part time or full time without worrying about whether it will affect his/her status. The H4 EAD holder does not have to work in a specialty occupation; H4 visa EAD holders may work in any field for any employer. No job offer is required to apply for H4 visa EAD.
What is the document List for h4-ead renewal or extension?
The document list is the same for H4 EAD renewal or extension as for the new H4-EAD application mentioned above. It is possible that the start date for H4 EAD extension is in future. If your H4 expires in Sep, and you applied for renewal in Mar, the same year, it is possible that your extended H4’s start date is Sep instead of March.
How long does it take for H4 EAD to be approved?
The H4 and EAD were approved within 10 days of filing the case! This may sound optimistic but the approval time varies by each court and the case specifics. Some may get approved sooner than others after filing the lawsuit. Although the success rate is over 95%, there are no guarantees when you file this kind of case.