In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . Any update when will this be implemented , it is pending since oct 2020. Promise Kept? USCIS Showing Signs of Improving Immigration Processing A number of documents are necessary when demonstrating proof of eligibility. If you have an H4 visa and youd like to invest in stocks, bonds, startups, or private companies, its completely legal to do that. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. You can check service center H4 EAD, Evidence of a bona fide relationship (i.e., marriage certificate), Additional details regarding the requirements can be found, I-765 Application for Employment Authorization. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . It is set to be $1,500 USD as per regulation. Investments arent considered employment. The premium processing time for H4 visa using Form I-539 will be 30 Days. Once OMB approves it. Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. Its only applicable if the H4 and/or EAD are applied with H1B at the same time. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. Q. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. Their spouse is allowed to remain with them in the country throughout the duration of their H1-B status, but they arent automatically authorized to work. H4 EAD: What You Need to Know in 2022 - Ashoori Law Will having EAD cards or petition approvals with gaps in the start and Although the bill was passed, its provisions were never implemented. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. After that, both you and your spouse will be considered out of status and your EAD will be invalid. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. Its connected to your spouses or your parents visa. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. This may have been misleading to some H4 EAD holders who believed they were a part of that group. It is called public law 116 159. She will lose job in another 2 months. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. Once Biden administration takes office, they make take it up. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. Refer to your receipt notice to find your form, category, and office. Contact us for help today. No, they said that they will start implementing it for new filing starting Jan 25. However, since then both the cases havent moved any further. But its still good news for us. VisaGrader.com Does that jeopardize H4 EAD or my H1B transfer? USCIS Plans to implement H4 and H4 EAD premium processing by FY 2025. L. No. I fear my wife is going to lose her job since EAD expires end of October. Signed by President on 1st October. Any situations not addressed below should be addressed with a qualified immigration attorney. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. Prior to March 2019, USCIS's policy was to generally adjudicate I-129 petitions (for H-1 or L-1) at the same time with concurrently-filed I-539 (for H-4 or L-2) and I-765 (for H-4 EAD and L-2 EAD) applications and this policy applied to both regular and premium processing filings. COMPLETE guide to H4 EAD Extensions during COVID-19 [2022] - Stilt Blog Employment Authorization for Certain H-4 Dependent Spouses | U.S. How long does it take once USCIS approves my H4 EAD before I receive a card? Fee varies from $1500-$2500. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. How Do I Request Premium Processing? | USCIS USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. 2023 Cohen, Tucker & Ades P.C. USCIS reviews the application and makes a decision. We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. Working without an EAD is illegal. It was with the Office of Management and Budget (OMB) for a long time until February 2022. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. Any new updates on H4, H4 EAD premium processing? 6. RN Law group reached court settlement. They have to now wait for another 3 years to see any daylight. HR EAD Premium Processing Explained - Cohen, Tucker & Ades 3. Visa issued by a foreign consulate. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. You can file Form 1-765, along with Form I-539 and the I-129 at the same time. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. Terms of Service H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. The Department of Homeland Security (DHS) announced in late March of 2022 that they planned to extend premium processing to H-4 EAD documents, extensions, and changes of status. Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Learn more by scheduling a consultation today! As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with 8 CFR 214.2(h)(9)(iv). Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. H4 EAD Premium Processing - Not Available Until 2025 (Sad News . See the below timeline for additional details. What is the current processing time of application filed in vermont SVC ? USCIS Again Bundles H-4, L-2 And EAD Applications With H-1B And L-1 You must release your work exclusively through a company outside of the United States. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. USCIS will post the text for public inspection at least a day before the rule is officially published. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. The new card is valid from Jan 2023 till Jan 2025. The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . An Alternative to Premium Processing: Submit an Expedite . A, We need to wait. Thank you so much for the explanations! EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. Thursday, July 8, 2021. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. The H4 EAD application fee is $410. USCIS to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4
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