Introduction to H-4 EAD
The H-4 EAD is a work permit that allows certain H-4 visa holders to work in the United States. To be eligible, you must be the spouse of an H-1B visa holder who has an approved I-140 petition or has been granted H-1B status under the American Competitiveness in the Twenty-first Century Act.
The H-4 EAD application process involves submitting Form I-765, Application for Employment Authorization, to US Citizenship and Immigration Services (USCIS). You will need to provide supporting documents, including a copy of your H-4 approval notice and a valid passport.
H-4 EAD Eligibility Requirements
To apply for an H-4 EAD, you must meet certain eligibility requirements. You must be the spouse of an H-1B visa holder who has an approved I-140 petition or has been granted H-1B status under the American Competitiveness in the Twenty-first Century Act.
You must also be in H-4 status and have a valid H-4 approval notice. Additionally, you must not be in any other immigration status that would prevent you from working in the United States.
H-4 EAD Application Process
To apply for an H-4 EAD, you will need to submit Form I-765, Application for Employment Authorization, to USCIS. You can download the form from the USCIS website or obtain it from a USCIS field office.
You will need to provide supporting documents, including a copy of your H-4 approval notice, a valid passport, and proof of your relationship to the H-1B visa holder. You will also need to pay the filing fee, which is currently $410.
H-4 EAD Processing Time
The processing time for an H-4 EAD application can vary depending on the workload of the USCIS field office and the complexity of your case. On average, it can take several months to a year or more to receive a decision on your application.
You can check the status of your application online or by contacting the USCIS field office where you submitted your application. You can also use the USCIS case status online tool to track the progress of your application.
H-4 EAD Renewal and Extension
If your H-4 EAD is expiring or has expired, you can apply to renew or extend it. To renew your H-4 EAD, you will need to submit a new Form I-765 and provide supporting documents, including a copy of your expired EAD and proof of your continued eligibility.
You can apply to extend your H-4 EAD if your H-1B visa holder's status is extended. You will need to provide proof of the extension and proof of your continued eligibility for the H-4 EAD.
Frequently Asked Questions
What is the H-4 EAD application fee?
The H-4 EAD application fee is currently $410, which is subject to change.
How long does it take to process an H-4 EAD application?
The processing time for an H-4 EAD application can vary, but it typically takes several months to a year or more.
Can I work while my H-4 EAD application is pending?
No, you cannot work while your H-4 EAD application is pending. You must wait until your application is approved and you receive your EAD card.
Can I apply for an H-4 EAD if my H-1B visa holder's status is not extended?
No, you cannot apply for an H-4 EAD if your H-1B visa holder's status is not extended. You must wait until their status is extended before applying for an H-4 EAD.
Do I need to provide proof of my relationship to the H-1B visa holder?
Yes, you will need to provide proof of your relationship to the H-1B visa holder, such as a marriage certificate or birth certificate.
Can I apply for an H-4 EAD if I am outside the United States?
No, you cannot apply for an H-4 EAD if you are outside the United States. You must be in H-4 status and physically present in the United States to apply for an H-4 EAD.