H-4 EAD Information Sheet and FAQ General Information: The USCIS published a final rule, effective May 26, 2015, permitting certain H-4 spouses to receive employment authorization. Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or • Have been granted H-1B status under sections 106(a) and (b) of the American competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status. Frequently Asked Questions: Question:When can I file for an H-4 EAD? Answer: Anytime on or after May 26, 2015. Applications received before that date will be denied. Question:Can I file for both change of status to H-4 and an EAD at the same time? Answer: Yes. Question:What is the filing fee for an EAD? Answer: The same as any other EAD - $380. Question:What do you charge for filing an H-4 EAD? Answer: We charge a total of $550 – including the USCIS filing fee. Question:How much time will I get? Answer: That is not yet known. Almost certainly, the EAD will be approved only through the expiration date of the H-1B petition. Question:How early may I apply for an extension of my H-4 EAD? Answer: H-4 EAD applications only may be submitted up to 180 days before their expiration. Question:If I receive an H-4 EAD, may I move back into H-1B status later? Answer: Assuming you are otherwise eligible, yes. Question:If I take an H-4 EAD, will this harm my chances for getting a green card? Answer: No. Question:If I get an H-4 EAD, do I still need a visa when I travel? Answer: Yes. The H-4 EAD is not a “combo card” and does not include advance parole travel authorization. You still need an H-4 visa to travel. Question:If my spouse gets an H-4 EAD, will I get one also? Answer: No. Eligibility is limited to H-4 nonimmigrants who are maintaining status as H-4 dependent spouses. Question:If I get an H-4 EAD, are there any limits on where and for whom I can work? Answer: No. It is unrestricted employment authorization. Question:What happens if I stop working? Will I lose my EAD? Answer: No. The card gives you the right to work or not work – as you please. Question: What supporting documents are required? Answer: You will need to attach the following: • Proof that you are in lawful status (i.e., I-94) • Proof that you are married to an H-1B (marriage certificate) • Proof that the H-1B is in lawful status (H-1B's I-94, I-797, and recent paystubs) Question:What should I do if I want you to prepare and file my application? Answer: Send an e-mail to email@example.com with H-4 EAD in the subject line. We will send you a username and password to log into our system and complete a short questionnaire. You will also be able to upload your supporting documents through that same portal. We will begin preparing cases for filing immediately, but will not send them out for signature until the end of April in case the USCIS adds new requirements at the last minute.