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New Uscis Faq For H4 Ead Applications

Discussion in 'H4 employment authorization' started by Ron Gotcher, May 20, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    FAQs: Employment Authorization for Certain H-4 Dependent Spouses
    On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extend employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking employment-based lawful permanent resident status. Those eligible include H-4 dependent spouses of principal H-1B nonimmigrants who:

    You can find these regulatory changes in sections 214.2(h)(9)(iv), 274a.12(c)(26), and 274a.13 of title 8 of the Code of Federal Regulations (8 CFR 214.2(h)(9)(iv), 8 CFR 274a.12(c)(26), and 8 CFR 274a.13).

    Please note that you may not apply for employment authorization under these regulations until May 26, 2015. If granted employment authorization under these regulatory changes, H-4 dependent spouses will receive a Form I-766, Employment Authorization Document (EAD), as proof of that authorization.

    We are posting these Frequently Asked Questions in response to this stakeholder teleconference. Please use the hyperlinks below to navigate to the topics of your choice:

    Frequently Asked Questions

    Determining If You May Apply for Employment Authorization

    1. As an H-4 nonimmigrant, would my employment authorization be limited to just my H-1B spouse’s time under AC21? For example, if my H-1B spouse’s petition is approved for the remaining time left in the 6-year period of admission plus the one year under AC21 §§ 106(a) and (b), and my H-4 status is granted the same period of time, how long will my employment authorization be valid for?
    Your employment authorization expiration date generally will match your H-4 nonimmigrant status expiration date. USCIS may grant employment authorization for the maximum time allowed even if the AC21 §§ 106(a) and (b) portion of your H-1B spouse’s extension is only for part of the full validity period. Under this scenario, your H-1B spouse’s extension has been granted under AC21 §§ 106(a) and (b), so you would be eligible for employment authorization for as long as your H-4 status is valid.

    1. Is this a one-time opportunity?
    No, this is not a one-time opportunity. If you are a H-4 nonimmigrant who obtains employment authorization under 8 CFR 274a.12(c)(26), you may file to renew your employment authorization and receive a new EAD as long as you remain eligible for employment authorization as described in 8 CFR 214.2(h)(9)(iv).

    1. Do I need to be in the United States to apply for employment authorization based on my H-4 status?
    Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

    1. Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?
    In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

    1. My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?
    For you to qualify for employment authorization based on your H-4 status, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. USCIS does not require that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who filed your H-1B spouse’s Form I-129, Petition for a Nonimmigrant Worker.

    1. What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?
    We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26).

    1. If I am granted H-4 employment authorization, can I work anywhere (including starting my own business)?
    Yes. If you are granted employment authorization based on your H-4 status, your employment authorization is unrestricted. This means that your employment authorization is not limited to a specific employer. It also does not prohibit self-employment or starting a business.

    1. Can I employ other people?
    As noted above, employment authorization based on H-4 status under 8 CFR 274a.12(c)(26) is unrestricted. Such employment authorization does not prohibit self-employment, including situations where the H-4 nonimmigrant hires individuals as employees of their business.



    Applying for Employment Authorization

    1. Can I file the following applications/petitions concurrently?
      1. An H-1B extension of stay petition, an H-4 extension of stay application, and an application for employment authorization?
    Yes. You may file your Form I-765, Application for Employment Authorization together with your Form I-539, Application to Extend/Change Nonimmigrant Status and the Form I-129, Petition for Nonimmigrant Worker filed on behalf of your H-1B spouse. For extensions of nonimmigrant status, the Form I-129 for your H-1B spouse can be filed no more than six months before the date that the employer needs your spouse to work.

    1. A new H-1B petition, a new H-4 change of status application, and an application for employment authorization?
    Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer can file Form I-129 for your H-1B spouse no more than six months before the date the employer needs your spouse to work.

    Please note that under this scenario, we cannot adjudicate your Form I-765 until we make a determination about both your H-1B spouse’s eligibility for H-1B status under sections 106(a) and (b) of AC21 and your eligibility for H-4 nonimmigrant status.

    In either of the above scenarios, USCIS will not begin the 90-day interim EAD clock until we make a decision on your spouse’s H-1B status and your H-4 status.

    1. Will the Form I-765 be a paper-based application, or will it be an electronic application?
    If you are applying for employment authorization based on your H-4 nonimmigrant status, you must file a paper Form I-765 application. We will not accept electronic Form I-765 applications.

    1. What evidence should I, as an H-4 nonimmigrant, submit to demonstrate my eligibility for employment authorization?
    When applying for employment authorization based on your H-4 nonimmigrant status, submit the following with your application to demonstrate eligibility:

    • Evidence of your H-4 nonimmigrant status;
    • Evidence of your qualifying spousal relationship with the H-1B principal nonimmigrant (such as a copy of your marriage certificate);
    • Evidence of your spouse’s H-1B nonimmigrant status, such as:
      • A copy of Form I-797, Notice of Approval, for Form I-129 filed on your H-1B spouse’s behalf (if already approved and not being filed with your application for employment authorization);
      • A copy of your H-1B spouse’s Form I-94, Arrival-Departure Record;
      • The receipt number of the approved Form I-129 filed on behalf of your H-1B spouse (if already approved and not being filed with your application for employment authorization); and/or
      • A legible copy of the personal data pages of your H-1B spouse’s passport, the visas on which he or she last entered the United States, and the latest U.S. admission stamps in his or her passport.
      • If you are applying for employment authorization based on your spouse’s grant of H-1B status under AC21 §§ 106(a) and (b), include the following evidence:
    • Evidence that your H-1B spouse is the beneficiary of a Permanent Labor Certification Application filed at least 365 days before the expiration of his or her six-year limitation of stay as an H-1B nonimmigrant. Such evidence may include, but is not limited to:
      • A copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the Permanent Labor Certification Application filed on your H-1B spouse’s behalf; or
      • If DOL certified the Permanent Labor Certification, a copy of Form I-797, Notice of Receipt, for Form I-140 establishing that Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification Application; OR
    • Evidence that your H-1B spouse’s Form I-140 was filed at least 365 days before the expiration of his or her six-year limitation of stay as an H-1B, and the Form I-140 remains pending. Such evidence may include, but is not limited to:
      • A copy of your H-1B spouse’s Form I-797 Receipt Notice for Form I-140; or
      • The receipt number of your H-1B spouse’s the pending Form I-140 filed on behalf of the H-1B spouse.
      • If you are applying for employment authorization based on your spouse being a beneficiary of an approved Form I-140, include evidence that the Form I-140 filed on your H-1B spouse’s behalf has been approved. Such evidence may include, but is not limited to:
        • A copy of the Form I-797 Approval Notice for Form I-140; or
        • A copy of the Form I-797 Receipt Notice for Form I-140 along with an explanation about why the Form I-797 Approval Notice is unavailable.
    If you cannot submit the evidence listed on the Basis for Work Authorization section, you must demonstrate your inability to submit such evidence and instead submit secondary evidence, such as an attestation that lists information about the underlying Form I-129 or Form I-140 petition.

    Such attestation can include the receipt number of the most current Form I-129 extension of stay filed on your H-1B spouse’s behalf or the receipt number of the approved Form I-140 petition filed on your H-1B spouse’s behalf, and the petitioner’s/beneficiary’s names in the underlying Form I-129 or I-140. If you cannot obtain such secondary evidence, explain your inability to do so and submit two or more sworn affidavits by non-parties who have direct knowledge of the relevant events and circumstances.

    1. Will USCIS require me to submit original documents with my application for employment authorization?
    As noted in the instructions for Form I-765, Application for Employment Authorization, you may submit a legible photocopy of an original document with your application, unless we later specifically request the original document in a request for evidence. If you submit original documents when not required, those documents may remain a part of the record and will not be automatically returned.

    1. Will premium processing be available for Form I-765, Application for Employment Authorization?
    No. Premium processing is not available for Form I-765 applications filed by H-4 dependent spouses under 8 CFR 274a.12(c)(26).

    1. What if my Form I-539 for H-4 status is still pending on May 26, 2015? Can I file Form I-765 immediately? Will USCIS match my Form I-765, Application for Employment Authorization to my pending Form I-539?
    If you have filed a Form I-539 and it is still pending on May 26, 2015, we encourage you to wait until your Form I-539 has been adjudicated before filing a Form I-765. This will prevent delays in the adjudication of your Form I-765. Additionally, because we anticipate a high volume of filings, we cannot guarantee that we will be able to match your Form I-765 with your Form I-539.



    How We Will Adjudicate Your Application for Employment Authorization (Form I-765)

    1. Will USCIS cut off Forms I-765 after receiving the anticipated number of applications stated in the rule?
    No. There is no cap on Forms I-765 filed based on H-4 dependent spouse eligibility under 8 CFR 274a.12(c)(26).

    1. Does USCIS expect any changes to the Form I-140 immigrant petition process based on this regulation change?
    No. We do not anticipate any changes in the way officers adjudicate Form I-140 immigrant petitions.

    1. I am an F-1 nonimmigrant who possesses Optional Practical Training (OPT) employment authorization. Would there be continuous employment if I file a petition requesting H-4 nonimmigrant status concurrently with an EAD?
    As an F-1 nonimmigrant who has employment authorization under OPT, you are allowed to work only as long as the OPT authorization remains valid. Filing an application to change status from F-1 to H-4 nonimmigrant status and/or an application for employment authorization based on H-4 status does not extend your employment authorization under OPT or any previously granted employment authorization. If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status.

    1. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form I-765?
    No. We will not backdate the validity date of your EAD to the time your H-4 status was granted. Your EAD will be valid beginning on the date that USCIS adjudicates your Form I-765 or the date you acquire qualifying H-4 status, whichever is later. Additionally, your EAD will expire when your H-4 nonimmigrant status expires.



    While Waiting for USCIS to Adjudicate Your Application for Employment Authorization (Form I-765)

    1. Can I travel while my Form I-765 is pending?
    You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

    Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

    1. How long will it take USCIS to adjudicate my Form I-765?
    The timeline will vary from case-to-case. Currently, the processing time for Form I-765 is 90 days (3 months). Please note that if you file a Form I-765 based on your H-4 nonimmigrant status under 8 CFR 274a.12(c)(26) concurrently with a Form I-129 and Form I-539, the processing timeline will not begin until we have made a decision on your spouse’s eligibility for H-1B status and/or your eligibility for H-4 status. Processing may also be delayed if the evidence included with these benefit requests does not establish eligibility and we need to issue an RFE or NOID.



    Once You Receive Employment Authorization

    1. Can I use my EAD to enter and exit the country?
    No. An EAD issued to an H-4 dependent spouse under 8 CFR 274a.12(c)(26) is not an entry document. 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.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Employment Authorization for Certain H-4 Dependent Spouses

    REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.

    Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:

    • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
    • Has 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 (AC21). AC21 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.
    The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.

    Although USCIS published the H-4 notice of proposed rulemaking in May 2014, finalizing it was part of the executive actions on immigration that President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of the initiatives to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

    U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

    Visit our H-1B Visa Web page for more information on eligibility for the H-1B program.


    [Form I-140, Immigrant Petition for Alien Worker; or
    • Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

    Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Carefully follow these steps to prevent your application from being rejected and returned to you:

    1. Do not file before May 26, 2015.
    2. Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380.
    3. Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.

    Evidence of…

    Can be shown by submitting…

    Your H-4 status

    • A copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; or
    • A copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.
    A government-issued identification document with photo

    • A copy of your last EAD (if any);
    • A copy of the biometric page of your passport;
    • A birth certificate with photo ID;
    • A visa issued by a foreign consulate; or
    • A national identity document with photo.
    Your relationship to the

    H-1B nonimmigrant



    • A copy of your marriage certificate.
    Your basis for eligibility

    1. Evidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).
    • You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;
    OR

    1. Evidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).
    • You may show this by submitting:
    1. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and

    2. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:

    • Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;
    OR

    • Based on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.
    Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.

    Photos for card production

    • Two identical two-by-two-inch passport-style color photographs of yourself
    [paste:font size="5"]Direct Filing Addresses for Form I-765 Web page.


    Together with Form I-539 seeking a change to or extension of H-4 status

    The Lockbox address found on our Direct Filing Addresses for Form I-765 Web page.

    Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself

    The Service Center with jurisdiction over Form I-129. Please see our Direct Filing Addresses for Form I-129 Web page for more information.

    For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the H-1B principal nonimmigrant’s Form I-129, Petition for a Nonimmigrant Worker. However, USCIS will not process your Form I-765 (except filing fees) until after USCIS has adjudicated your Form I-539.

    The 90-day period for adjudicating Form I-765 filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both.

    Do NOT e-file Form I-765. You must mail your form together with evidence and fees to the appropriate filing location as outlined above.

    [paste:font size="5"]www.uscis.gov/avoidscams.




     
  3. h1bperm

    h1bperm Junior Member

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    Hi Ron,

    Based on FAQ, if H1B spouse after 6 years in H1B with 140 approval, changes employer - H4 spouse will be eligible for EAD even though 140 is withdrawn/revoked later? What is actually refer to 106(a) and (b) of AC21?

    In the below 3 questions, it says even if USCIS revokes 140 petition, still qualify for employment authorization if H1B spouse has received extension based on section 106(a) and (b) of AC21

    4. Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?
    In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.

    5. My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?
    For you to qualify for employment authorization based on your H-4 status, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I-140. USCIS does not require that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who filed your H-1B spouse’s Form I-129, Petition for a Nonimmigrant Worker

    6. What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?
    We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26).
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's not what it says.
     
  5. h1bperm

    h1bperm Junior Member

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    So, anytime even after 6 years of H1B, when H1B spouse changes employment and starts PERM again with new employer, then H4 may not be eligible for EAD (unless any prior 140 approval is still valid). H4 spouse may again eligible when new 140 approved or new PERM is pending for more than 1 year with new employer. is that correct?

    I guess this is one of the most asked question and many of them waiting for FAQ related to this.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the principal's I-140 is withdrawn, then the H-4 is no longer eligible for an EAD. They aren't saying that they will revoke an EAD that has been issued, only that they have the right to revoke it.
     
  7. mfd1402

    mfd1402 Senior Member

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    Ron
    If I am on H1B with EAD and my spouse applies now and gets her EAD via H4 route and then I change jobs and switch to EAD only without H1B will my spouse still be able to continue working on EAD and renew her EAD without any issues
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No she won't. She will no longer be an H4 if you lose your status as an H1B.
     
  9. perpetualhope

    perpetualhope New Member

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    Greetings Ron!

    Can an H1B amendment be filed together with the H4 EAD Application? Can one request premier processing of the H1 amendment petition post the 26th since I see language only restricting H1 extensions from Premier processing in the recently published USCIS news update.
    I am also assuming filing for an H4 EAD based on the current petition, and then filing an H1 amendment through regular processing would render the H4 EAD invalid ?

     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    H premium processing is pretty much off the board for the next two months. As stated in the USCIS FAQ, you may file a COS to H4 concurrently with an EAD application, but they won't work on the EAD until they have first approved the COS.
     
  11. gansat

    gansat Member

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    Ron, as per USCIS FAQ they discourage to file for H4-EAD if one is travelling outside the country. Is there going to be any biometric screening as part of this process which would required the applicant physically present within US or is it just to respond to any RFE? My family will be travelling to India for 3 months in June but I will be here, so I was contemplating whether to file for my spouse now or better to file after they return in September. Thanks in advance for your help.
     
  12. Kamakazee

    Kamakazee Super Moderator

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    No, there is no biometric screening. USCIS has informed that the H4 can travel while EAD is pending. They only said that there can be delay if they issue an RFE and nobody responds.
     
  13. gansat

    gansat Member

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    Thanks Kamakazee for your response. If that's the case I'm little confused about the below

    Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

    This made me think there could be a biometric screening/fingerprinting etc. I remember doing it for my spouse L2 EAD back in 2007.
     
  14. Satish.txt

    Satish.txt Member

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    I-765 Question (NEW)


    Q.15 - Current Immigration Status (Visitor, Student...) ?



    Q. 17. is this for us?


    Q.18. is this EAC number whatever printed on I-767 (I-129) ???
     
  15. giri26

    giri26 Member

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    When I look at the I765 form on the USCIS website, I am unable to see the Q18. Am I looking at the wrong place? The instructions seem to have been updated but the I765 itself still looks the same as yesterday.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Refresh the cache in your browser. Question 18 is there, right above the applicant signature box.
     
  17. giri26

    giri26 Member

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    Strange still not able to see it. Not sure what is wrong. I see only Q17 and it still shows me 08/06/14 edition.
     
  18. giri26

    giri26 Member

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    The instructions form is the new one but the I765 still is the old one. Am I the only one seeing this? If anyone has the form can they add it here please? It will be really helpful.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Send me an email and I'll send it back as an attachment.
     
  20. msr

    msr Member

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    Try to use a different browser and see if it helps. If not as Ron mentioned you can send him an email & get it.
     

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