1. IMMIGRATION ATTORNEY CARL SHUSTERMAN WWW.SHUSTERMAN.COM
(213) 623-4592 X0 EADs For H-4 Spouses A Simple Guide
2. On May 26, 2015, USCIS began accepting form I-765 EAD
applications submitted by certain H-4 spouses of H-1B professionals
What follows are the most frequently asked questions about this new
policy EADs For H-4 Spouses
3. Which H-4 spouses are eligible for EADs? An H-4 spouse of an
H-1B professional who has An approved I-140 visa petition; or An
approved post-6th year H- 1B extension based on AC-21, whether 1
year or 3 years.
4. What do I need to file with USCIS? Form I-765, with proof of
your H-4 status Show that your spouse is in H-1B status and has a
post-6th year extension based on AC-21 or an approved I-140 You may
apply for an EAD concurrently with your H-4 The filing fee
5. How long will my EAD be valid? Be sure to request that your
EAD last for as long as your H-4 status is valid
6. Are there any limits on my employment? You can work in any
type of lawful employment. You may: Work for multiple employers
Change jobs at any time Start your own business Work as a salaried
employee, an hourly employee or a contractor
7. If my spouse and I are both in H-1B status, can I change to
H-4 status and request an EAD at the same time? Yes, as long as you
meet the eligibility requirements previously discussed
8. How early am I allowed to submit my H-4 extension and EAD
application? Both can be submitted, concurrently, 6 months prior to
the expiration of your H-4 status
9. How long will it take for me to receive an EAD? EADs should
be issued within 90 days after USCIS receives your I- 765
10. What if my spouse no longer works for the employer who
filed his/her approved I-140? People in H-1B status (with approved
I-140s and pending I-485s) can change employers after their I- 485
has been pending for 180 days or more If their new job is in a
similar occupation, no new PERM or I-140 is required If not, they
will be able to retain the old priority date, but their new
employer may have to file a new PERM application and an I-140 visa
petition
11. Can I use premium processing to apply for an EAD? Can I
file my application online? Is it possible for an H-4 child of a
parent in H-1B status to apply for an EAD? The answer to each of
these questions is No
12. Approximately how many H-4 spouses will be able to qualify
for EADs? Up to 179,600 H-4 spouses will be eligible during the
first year of the program 55,000 will be eligible each subsequent
year It does not matter whether your spouses H-1B is cap- subject
or cap-exempt