When applying for adjustment of status, the fee is calculated to include form i485, i765 application for employment authorization document and i1 application for travel document. List of attorney for free advice on call, email h1b, h4, l, f visa. H4 authorization for h1b visa spouses heads to chopping block. I will lose my job if the ead is not approved within that time. H4 work authorization, work permit or h4 ead and h4 visa.
When can i expect the approval of h4 renewal and ead. Here is the step by step guide for applying h4 ead. If you are planning to start work using h4 ead approval, it is better to go out of usa and get h4 stamped in passport instead of filing h4 change of status application. As an experienced immigration attorney in the bay area, his law firm situated in fremontnewark focuses on immigration laws with an emphasis on employment based immigration h1b visa, l1a, l1b visas, perm labor certification. H4 ead processing time 1 month at vermont to 5 month at california service center.
The long wait for many h4 visa holders seeking employment authorization document ead cards to. Dec 2017 rule proposed in federal register to remove h4 ead. Citizenship and immigration services uscis issued its proposal to remove h4 dependent spouses from the class of aliens eligible for employment authorization, labeling it economically significant. Ead timeline after rfe us immigration forums hosted by the. Ead timeline after rfe us immigration forums hosted by. Employment authorization for certain h4 dependent spouses. For starters, a green card is an end goal while an ead card is a means to achieve that goal.
Indians have been abusing h1b for decades and this h4 is in fact a bad policy by the dems who were and are pretty much bought over by the corporate america. As per new law in us, people on h4 dependent visa can now have ead stage prior to green card. Sep 10, 2017 difference between ead card vs green card. You can find the timeline, activities and why it got delayed for over 2 years. Jun 14, 2016 h4 ead renewal processing times i am currently working for a large company on h4 ead. How long before ead expiration can i apply for ead. Department of homeland security dhs to try to block the regulation.
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. The answer is the processing time vary for ead applications filed on form i765 for different types of employment authorizations. The result is that the ead is valid for only a fairly short period in some cases, while in others the validity is close to three years. H4 ead program may be in jeopardy murthy law firm u. The uscis hasnt revised the instructions yet so this list may change after that revision.
The h1b is the principal beneficiaries of an approved i140 petition. H4 ead is an h4 employment authorization document ead that allows h4 visa holders to work legally in h4 ead jobs without any employer or location restriction in usa. In other words, best left for an immigration lawyer to sort out, one who handles visa issues as part of their job. We even have h4 ead processing delays lawsuit that is filed by some. Has been granted h1b status under sections 106a and b of the american competitiveness in the twentyfirst century act of 2000 as amended by the 21st. There is no quota for h4 ead, and there is also no deadline to apply for the same.
Oct 18, 2015 h4 ead extension application timelines i got my h4 ead for 6 months since my h4 was valid for 6 months. Jun 26, 2019 even if you apply for h4 ead based on h1b pending receipt number, uscis cannot really work on it until your primary h1b h4 extensions are approved. May 26, 2015 we have received many requestsquestions on applying for h4 ead. H4 ead is wrong and must be bumped off sooner than late. I got this job after not able to work for 8 years on h4 and now dont want to lose the job due to processing delays. Spouses of h1b visa holders might be ineligible for a. Please post any comments, suggestions if ead is delayed because of rfe. H4 ead will finally get its voice heard in court come september 27, 2019. Mar 23, 2015 updated 05222015 the uscis will begin accepting application for ead for h4 from may 26th, 2015. Raised an sr with usics that my current ead card was about to expire while my replacement card has not been approved.
Citizenship and immigration services uscis to certain people who are in the united states and legally permitted to work here. Receive an approval notice with the ead card, or a denial notice. A work permit is the commonly used name for an employment authorization document, or ead, issued by u. Even if you apply for h4 ead based on h1b pending receipt number, uscis cannot really work on it until your primary h1bh4 extensions are approved. So far, many of our users have shared only cases that are from vermont, check h4 biometrics experiences, timelines. Hi, i am an employee at a firm under h1b, my h1 expires in nov and my company can no go ahead with my extension process 6 month gap. I have applied my h1, h4 extension and h4 ead new application together on jan 27th. How h4 visa holder can apply for a work permit ead nolo. Shah peerally is a bay area immigration lawyer offering immigration legal services in the san francisco bay area. 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. The h4ead application would be picked up and worked on, only after a decision on h1bh4 extension has been taken. Ead card vs green card renewal and processing time. Laws, you need to read rule making process for ead for h4 visa. If you and your h1b spouse need to extend your status at the same time, you can file i129 h1b, i539 h4 and i765 ead concurrently.
H4 ead filing step by step guide and document list. The h4 ead program went into effect under president obama on may 26, 2015. My husband received h1b and will move from l1 to h1b on 1st october, 2016. It is about 37 page document and we have summarized the argument below. H4 visa ead list of documents required for h4 visa ead. At this time, the timeline for the enactment of this possible h4 ead revocation rule remains unclear but we expect that, barring unforeseen developments, the h4 ead program may be valid in its current state for another several months. The proposal digs into the potential impacts of the move on. What trumps doing is course correcting and making the h1b visa what it was intended in the first place a nonimmigrant visa. Uscis starts rulemaking process to take away h4 ead work. Please note that the adjudication of form i765 category c 33 filed with form i821d, requesting deferred action for childhood arrivals, does not begin until we make a decision on your. Attorney ocloo announces an update from the department of homeland security regarding employment authorization for h4 visa holders. The demise of the h4 ead, which allowed the spouses of h1b visa holders to obtain work, seems imminent. I140 ead news h4 work authorization, work permit or h4. Which means, if you are new to this whole process of u.
Deseperately waiting for either i485 or ead as i have to go on without salary from next week. Work ban on some h4 visa holders could arrive in 3 months. On february 26, 2015, uscis hosted a teleconference about new regulatory changes, effective may 26, 2015, that extended eligibility for employment authorization to certain h4 dependent spouses of certain h1b nonimmigrants who have already started the process of seeking employmentbased lawful permanent resident status. Uscis possibly questioning maintenance of your h4 status. Rules for h4 visa holder employment on ead employment. How much time does h4 ead processing take from the time of. We recommend using a of an h4 experience immigration lawyer to help. Sr completed fine but apparently it done not have any effect. The h4 visa holders ability to work in certain conditions was possible since may 26, 2015 as this rule was passed after a lot of waiting with rule making process.
While the employment authorization card otherwise known as a work permit and the green card share similar physical characteristics, they are very different in practice. Setup alerts, uscis is great at emailing and texting case updates. Ead refers employment authorization document which is a work permit given to spouses of dependent spouse of h1b visa holders. My h4 is approved and i applied for ead on 11th august, 2016. Yesterday i got a mail from the hr stating that there is a new policy that asks the employee to pay a significant portion of the immigration related costs if the employee decides to leave the company within 1 year from the filing date.
Sep 29, 2017 trump administration asked for 2 months extension. I loose my l2 status thus my present ead on 1st october, 2016. I am sorry anvi, these queries require me to be aware of the timeline of the whole ead to h4, contingent on an h1b spouse, etc. Please note that for form i765 category c 8, based on a pending asylum application, the processing timeframes listed apply only to an initial filing. Applicants for an ead or ap on any other basis will have to settle for the old system of carrying two separate documents. Thus, you can see so many h4ead jobs being offered to you below based on the location of the candidate. Apply h4ead based on pending h1bh4 extension receipt number. With new i539 form biometrics process, there are delays in h4 and ead processing. Updated 05222015 the uscis will begin accepting application for ead for h4 from may 26th, 2015. My questions is can i now open a new software business in us based on ead. 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. The employment authorization for certain h4 dependent spouses final rule h4 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. May 25, 2019 15 comments as you all know from h4 ead rule lawsuit history, timeline, save jobs usa was due to file their reply brief today and they did file their appellants reply brief in response to the dhs appellee brief.
Since the obama administration instituted the h4 ead rule in 2015, allowing for eligible h4 spouses to obtain work permits, this has been a hot topic in the united states. I140 ead news h4 work authorization, work permit or h4 ead. The h4 work permit or work authorization document also known as h4 ead and h4 visa ead is now law. Best ways h4 dependent visa holders can work in the usa. With this new rule, 97,000 spouses could become immediately eligible to get ead work permit. Apply h4ead based on pending h1bh4 extension receipt. Have been granted an extension of their authorized period of stay in the united states under ac21. And as per the current uscis ead processing times i. To bring h4 visa holders for equal rights to receive ssn, work permit same as other us based. Oct, 2015 as per new law in us, people on h4 dependent visa can now have ead stage prior to green card. I finally got the card in hand on oct 7 and here is my timeline. H4 visa ead application process effective may 26, 2015, the new ead for h4 rule allows eligible h4 dependent spouses of h1b visa holders to apply for h4 visa ead, employment authorization document.
Maintenance of status is key to your ability to obtain this h4 ead. We have received many requestsquestions on applying for h4 ead. I am currently working for a large company on h4 ead. It is a plasticlaminated identity card with the aliens name, photo, and an expiration date. How to file h4 ead, documents, form i765, renewal process. Those eligible include h4 dependent spouses of principal h1b. H4 ead eligibility check 2020 is i140 approval required. The h4 stamping outside usa in us embassy using h1b approved i797 is fastest way to get h4. As expected, the validity periods of the h4 ead approvals received so far match the duration of the individuals h4 status. An employment authorization document, also known as an ead card, is essentially a work permit for non u.
Appellants reply brief summary by save jobs apr 29 in h4 visa by kumar updated. May 10th filing date cases will be on top of may 1st. Here is the preliminary list of documents you need to file for ead for h4 visa holder. Pros and cons of employment authorization for h4 immigrantly. For visitors, travel, student and other international travel medical insurance. As per past h4 ead history from 2015, the timeline and dates for original h4 ead rule making, it took over a year from the day nprm comment period started. H4 ead extension application timelines i got my h4 ead for 6 months since my h4 was valid for 6 months. H4 ead removal estimated timeline, predictions, revoke. Oral arguments have been scheduled when the department of homeland security is set to make its case to rescind the right to work for h4 visa holders who came to the us based on the primary beneficiary, their spouses h1b visa. Ead stands for employment authorization document, that gives work permit. H4 authorization for h1b visa spouses heads to chopping.
Some of the documents required to apply for h4 ead include form i765, h4 visa ead fees, and evidence of the h4 visa holders relationship to h1b spouse. To apply for h4 visa ead, applicants must submit all of the required documents for h4 ead along with their application. Shortly before the effective date, save jobs usa, a group of former employees of southern california edison, filed a lawsuit against the u. These spouses are can also work if they are professionally qualified.
One of our reader filed at california service center csc and got approval of the same, including h4 ead card, while they went. Us visa stamping in mexico, processing time, best location. This blog covers faqs and h4 ead updates on a daily basis. Work authorization for h4 visa holders allied legal pc. The h4 ead application would be picked up and worked on, only after a decision on h1b h4 extension has been taken. H4 visa holder does not need a job offer in order to be eligible for ead. The process of filing the h4 ead is not very complicated, however, it is a new law and h4 visa holders might need help. You can find the expiration date on your physical ead document. Oct 02, 2018 indians have been abusing h1b for decades and this h4 is in fact a bad policy by the dems who were and are pretty much bought over by the corporate america. The validity period of ead for h4 will be the same as the validity of your h4 status. As you all know, in general, h4 visa holders cannot work, unless they fall under h4 visa ead rules. The below h4 ead cases list is sorted by latest filing date. Eligible individuals would include h4 dependent spouses of principal h1b workers who. Certain h4 dependent spouses of h1b nonimmigrants can file form i765, application for employment authorization, if the h1b nonimmigrant is the principal beneficiary of an approved form i140, immigrant petition for alien worker.