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H-4 Ead Information Sheet And Faq

Discussion in 'H4 employment authorization' started by Ron Gotcher, Mar 3, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    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 niv@gotcherlaw.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.
     
  2. sukhbir kaur

    sukhbir kaur New Member

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    Hi Ron,
    I read the H4 EAD Information sheet & FAQ. I have a question.
    My wife is on H4 and she don't have SSN OR Tax ID #. Will she be able to apply for SSN after getting the H4 EAD? OR how does this work.
    Thanks
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes she will. Once she has an EAD card, she can get a Social Security card.
     
  4. gc_now

    gc_now Junior Member

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    Thank you Ron for posting the information sheet and FAQ. I wanted to say that your quoted price for applying is cheaper than a couple of other law firms I requested.
    I do have a question - My wife is eligible for H4-EAD since I have approved I-140 but she recently changed her last name to married name in Indian passport and US driver license. Her I-94 and I-797 are with maiden name. Can we apply for EAD now with married name? If yes how? Thanks!
     
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  5. Jsad

    Jsad New Member

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    Ron,

    Thanks for your FAQ. Would my beneficiary or spouse be able to use a I-140 that has already been approved for me, but for a prior H1B sponsoring employer, than current.(Assuming I've extended my H1B past 6 years using that I-140)?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can. The marriage certificate will establish the legitimacy of the name change.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, as long as it has not been revoked.

    Let me make it clear: The approved I-140 DOES NOT have to have been filed by the H-1B's current employer. The only requirement is that it must not have been revoked.
     
  8. groot

    groot Member

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    Current H1/H4 expires in Nov 2015.
    On May 26, applying for H1b extension, H4 extension and also H4 EAD application What will be start date on EAD?

    Let's say they approve all by Aug end.
    What will be the start date for H4 EAD? Nov 2015, or Aug 2015?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The H4 EAD start date will be the date the EAD is issued.
     
  10. Kamakazee

    Kamakazee Super Moderator

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    Hi Ron,

    While submitting the H4 EAD application package, is it necessary to provide copies of all pages of the H1B and H4s passport or will only the pages with info and visas will do? Also, the check for $380, does it have to be a cashier's check or will a simple check do?
    Thanks.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All pages would be best. A personal check will work.
     
  12. s_gan

    s_gan Super Moderator

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    Is EAD sufficient to apply for an SSN ?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it is.
     
  14. s_gan

    s_gan Super Moderator

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    thanks.
     
  15. Kamakazee

    Kamakazee Super Moderator

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    After that the H4s will not have to get a letter from the SSN office as to why they
    Thanks Ron. Also, my previous/expired passport has copies of my previous F1/H1B visas which are now stamped "Canceled without Prejudice". Do I include photocopies of those too?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, everything.
     
  17. AndrewSymonds

    AndrewSymonds New Member

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    If both are on H1 and one of the partner is having an approved I-140 can the other person move to H4 and apply for EAD? will there be any waiting time in such a case?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    The other person can move to H4. An application for Change of Status and EAD can be applied concurrently. However, the EAD application will only be processed once the H4 has been approved.
     
  19. rockten

    rockten New Member

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    Ron,
    Can one apply for the H4-EAD while being outside the US ? Can you also comment on travel restrictions, if any, while the H4- EAD application is pending ?

    Thanks in advance
     
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  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may apply while outside the U.S., but you have to be here for biometrics capture. There are no travel restrictions pertinent to an H4 EAD application.
     
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