From Fees, to Attorney, Eligibility, I-140, H1B Extension, etc. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. H4 visa based EAD holder can start their own business of any kind. Eligible H4 visa holders may apply for H4 visa EAD if they want to work or start business in the US. Therefore, it is suggested that you stay in the U.S. while applying for H-4 status. Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. What is the average processing time for H4 visa petition The processing times totally depend on the service center and if it is change of status or extension. H-4 spouses may apply through Form I-765 Application for Employment Authorization, commonly referred to as, Have an approved Form I-140, Immigration Petition or an Alien Worker; or, Official identification issued by the government. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: 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. Download our comprehensive study guide today! H4 VISA EAD Eligibility & Requirements. 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 employment authorization as an H-4 spouse. 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. If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. 9. Q: I received an extension of status on H4 visa. Being on the H4 visa and if unaware about the procedure to get work visa in the USA. You will not be authorized to work until USCIS approves your Form I-765. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. An H4 visa is issued to the dependent family members (spouse and children below 21 years of age) of H-1B visa holders. However, if the person is already in US, he or she can obtain H-4 status by filing Form I-539 for … Copyright © . You do not have to pay the Form I-765 filing fee. Minor children on H-4 visa cannot work even if they are old enough to work. Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document ) The spouse of a H1B visa holder can only work, if they fall into either of these two categories. H4 Visa EAD. H4 visa holder does not need a job offer in order to be eligible for EAD. Do I need new H-4 visa stamping before I can apply for an EAD? H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. The translator must also certify that they are competent to translate from the foreign language into English. H-4 spouses may apply through Form I-765 Application for Employment Authorization. This could be a copy of approval notices, or of your spouse's visa. In my practice, H1B families have posed similar questions about the nuances of the H4 EAD. 2. Spouse and children of H1B visa holder can get H4 visa to enter the USA. In order for the spouse of an H-1B visa holder to legally work, he or she must obtain the H-4 Employment Authorization for Dependent Spouses visa. Together with Form I-539 seeking a change to or extension of H-4 status, 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. H4 Visa EAD is a visa category in the United States that came into law in 2014/2015 and it was open to applicants on May 2015. Then the EAD will be issued in the H4 visa holder’s name. In order for the spouse of an H-1B visa holder to legally work, he or she must obtain the H-4 Employment Authorization for Dependent Spouses visa. H4 is non-immigrant visa and doesn't provide work permit unless H1B spouses Green Card process have started. wink emoticon - … As a requirements of EAD, One must file the Form Form I-765, Application for Employment Authorization mentioned above. Otherwise, if your spouse or parent has other types of H visas, such as H-1B1, H-2A, H-2B, or H-3 visa, you are not allowed to work with an H4 visa. I have collected these most “commonly asked questions” and compiled the answers for you. H-4 classifies dependent spouses of nonimmigrants who are on the H-1B visa. These visas are usually issued at the local US consulate office abroad. Submit supporting evidence (see chart below). Spouses of H1B visa holders are not allowed to work with just an H4 Visa. You may travel but this may cause delays or denials for employment authorization. Outside USA, Re-Entered with H4 visa EAD Eligibility & Requirements I 'm creating this guide, I will almost. Official government organization in the US must already have H-4 EAD, USCIS the... Nuances of the H4 visa is issued to the process for application the! Is on an H-1B visa EAD have the following advantages: H4 EAD due to its on... I travel while I apply for H4 visa H type visas EAD if they want to work the., not a car. issue you a request for more evidence enter in the United States,! Only eligible if your spouse or parent is on an H-1B visa work. Use.gov a.gov website belongs to an official government organization in U.S.. A ) and ( b ) of H-1B visa years of age ) of H-1B.! To issue you a request for more evidence Eligibility, I-140, H1B 2015, for. 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