1. 1. IMMIGRATION ATTORNEY CARL SHUSTERMAN WWW.SHUSTERMAN.COM (213) 623-4592 X0 EADs For H-4 Spouses A Simple Guide
2. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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