21 May 2015

USCIS Shares FAQs for H-4 EADs

USCIS has released FAQs for H-4 EADs. Eligible individuals may begin applying for the EAD on May 26, 2015. If granted employment authorization,H-4 dependent spouses will receive a Form I-766, Employment Authorization Document (EAD), as proof of that authorization.

Important Information Gathered from FAQs

  • This is not a one time opportunity. This means if you qualify for the H-4 EAD, you will be able to file to renew your employment authorization and receive a new EAD as long as you remain eligible.For more on who qualifies for an H-4 EAD and what is needed to apply, please visit H-4 EAD Specifics!
  • You need to be in the U.S. to apply for the H-4 EAD. 
  • If you have an approved I-140 and it is revoked AFTER the EAD is already approved, USCIS will have the discretion to revoke your EAD. This is the same if your H-1B spouse is no longer eligible for H-1B status under sections 106(a) and (b) of AC21.
  • You will still be eligible to apply for the H-4 EAD even if the approved I-140 was filed by your H-1B spouse’s previous employer.
  • An H-4 dependent spouse will not be eligible for the EAD if USCIS revoked the H-1B spouse’s approved I-140. This is because the H-1B spouse is no longer considered the beneficiary of an approved I-140, which is an eligibility criterion for the H-4 EAD. However, you may still qualify for the EAD if your H-1B spouse has received an extension of stay under 106(a) or (b) of AC21.
  • If you are granted an H-4 EAD, you can work anywhere; there are no restrictions. You can even start your own business!
  • Premium processing is not available for the H-4 EAD and neither is online filing
  • If you are filing an H-4 extension or change of status and the EAD application concurrently, the EAD will not be adjudicated until AFTER the underlying petition is approved. This means the 90 day clock for the EAD will not start until after your extension or change of status has been approved. –> File applications together, H-4 approved, then it can take up to 90 days for the EAD to be approved.
  • USCIS will not backdate the beginning validity date on the EAD to the start of your H-4 status. This means that your EAD will be valid beginning on the date that USCIS adjudicates your EAD application or the date you acquire qualifying H-4 status, whichever is later. Also, your EAD will expire when your H-4 nonimmigrant status expires.

For the full list of FAQs, please visit FAQs: Employment Authorization for Certain H-4 Dependent Spouses

This is an exciting time and I look forward to answering any of your questions!



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Posted May 21, 2015 by KrystalAlanis in category "H-4 EAD", "Immigration News Updates