H4 visa EAD -F1 to H4 COS, H1B to H4 COS, I-140 Revoked

H4 Visa EAD FAQs by Immigration Attorney – F1 to H4 COS, H1B to H4 COS, I-140 Revoked

In H4 Visa by KumarUpdated : 206 Comments

by Emily Neumann, Attorney at Law

As you know H4 Visa EAD rule was passed by DHS with effective date of May 26, 2015. There are many questions asked by our readers around the same, many of these are complex…Hence, I reached out to Emily, who is a highly qualified immigration attorney practicing only immigration law for over 10 years. She agreed to help our readers by writing a series of articles based on questions around H4 visa EAD rule. Thanks a lot to Emily for her generosity and time to help our readers.

Can some on F1 visa studying apply for COS to H4 and EAD for H4 Simultaneously ?  How does it work ? 

Yes, concurrent filing of a change of status to H-4 or an extension of H4 visa status can be done along with the I-765 application for Employment Authorization. The Federal Register Volume 80, Number 37 published on February 25, 2015 specified that the final rule does allow “H -4 dependent spouses under this rule to concurrently file an Application for Employment Authorization (Form I-765) with an Application to Extend/Change Non-immigrant Status (Form I-539).” The processing time for the I-539 is currently 2.5 to 6 months based on the latest USCIS processing time reports for the Vermont and California Service Centers. At the same time, USCIS takes about 3 months to process EAD applications. Since the EAD cannot be approved until the H4 status is approved, the EAD may be put on hold until the H-4 is approved.  You may want to consider filing the change of status to H-4 first in order to avoid a potential delay in the EAD application.

Can someone working on OPT on F1 visa, apply for COS to H4 and then EAD for H4 simultaneously ? Can I continue to work on OPT when I apply for the COS and waiting for the EAD for H4 ?

Yes, the change of status(COS) from F1 to H-4 can be filed along with a new EAD application. Furthermore, as long as you are properly maintaining your F1 status, you can continue your F-1 and OPT until the change of status is approved. Depending on when the OPT expires and when the H-4 EAD is filed, it may be possible to continue working without interruption. If, however, the OPT expires before the new EAD card is issued, you will not be authorized to work during the gap period. Care should be taken to verify processing times and compare them to expiration dates before filing to hopefully avoid any gap in employment authorization.

 Can someone on H1B visa apply for Change of Status (COS) to H4 and apply for EAD for H4 at the same time, if eligible ? If so, Can the H1B holder, who applied for COS to H4 continue to work, after they apply ? 

Yes, concurrently filing of the Change of Status from H1B visa to H4 and the EAD application is allowed. The H4 will not take effect until the change of status is actually approved. Therefore, if the H-1B continues to be properly maintained, you can continue to work on the H-1B while you wait for the H-4 and EAD to be approved.  By “properly maintained” I mean that you must continue working for your H1B visa sponsoring employer in the job that you were sponsored for at the salary indicated on the petition with no material changes in employment.

Would employer be able to sponsor a green card for a person who is on EAD, especially with this new H4 visa spouse EAD.

Yes, an employer could sponsor an H-4EAD holder for the green card by filing a PERM labor certification and I-140 petition on behalf of that person.

What will be validity of the  EAD card given to H4 Visa holders ?  

The final rule indicates that the EAD validity will match the H-4 validity period. This policy is meant to ensure that USCIS does not grant employment authorization to an H4 dependent spouse who is not eligible. Furthermore, it will also likely reduce the number of times that H-4 dependent spouses may need to request renewal of their employment authorization.

I had to change my Job after my I-140 was approved, but my previous employer revoked it after I left that company. Is my wife eligible to get EAD?

Unfortunately, without a valid I-140 approval, your wife will not be eligible for the EAD. You should work with your current employer to ensure that your new labor certification and I-140 are processed as quickly as possible.

I am on H4 visa and my spouse is on H1B visa. My spouse’s Green Card process is yet to start, but one of the employer has sponsored my GC for future employment. My I-140 is approved but I have never been on H1 before. Please advise if the H4- EAD rule benefits me in any way.

Unfortunately, you will not able to able take advantage of the H-4 EAD rule. If you were to change your status to H-1B, your spouse could change to H-4 and obtain an EAD. Otherwise, your spouse should work with his or her employer to start the green card process at the earliest.

I have an approved I-140 under EB2-NIW. Is my spouse eligible for EAD?

Yes, your spouse should be eligible. There is no restriction regarding what classification your I-140 petition is approved under.

Check out the Second part of the series :  H4 Visa EAD FAQs by Immigration Attorney – Part 2 – I-140 Change Employers, L1B, CPT !  Any different questions ? Please leave a comment.

 Thanks again to Emily for kindly helping us answer and writing for us. Immigration can be complex, if you need help with your H4 EAD application, please reach out to using her using her contact info , she is a highly qualified immigration attorney and can help you with your case !

————————————-About the Author————————————–

Emily Neumann practices business immigration law and is a partner in Reddy & Neumann, P.C. in Houston, TX. Neumann writes a blog on immigration law (immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay informed of the latest news.

   

Other Articles


Comments ( 206 )

  1. Rajesh Kumar

    Got my H1B and H-4 petitions approved through premium process last week (06/03). My wife’s H4 EAD expires on 06/15 and we have filed for H4-EAD extension. Can she work after 06/15 ?

  2. LS

    Hi,
    I am on an H1 visa with an approved I-140. My spouse was on F1-OPT, and applied for concurrent H4 COS/EAD with a receipt date of March 30. We are still waiting for news. When is the earliest we can file a service request? Can we do so once we hit 75 days from March 30, or do we have to wait until the H4 is approved to see if the EAD is delayed. Was confused by the varying information scattered across the internet. Thanks!

    1. administrator
      Saurabh

      LS,

      They both happen in parallel. So once 75 day mark is reached, you can raise SR. Worst case they would tell you to wait for H-4 processing to be completed first.

  3. Jarus

    Hi,

    I came to US on a H4 VISA and then converted to F1 in the US (not stamped in my passport) . My husband (H-1b) got his i-140 GC approved yesterday, so i want to convert back to H4 to take ead work option.

    I want to know if it is safe to travel to Mexico or Canada to change the status. Can i travel to my Home country to change the status?.

    1. administrator
      Saurabh

      Jarus,

      Do you have H-4 visa already stamped and not expired? If yes, then you can travel to CA or MX and on return show your H-4 visa stamp to move to H-4.

        1. administrator
          Saurabh

          Jarus,

          When you return to US and show your H-4 visa stamp to admin, your status would become H-4 and not F-1. Your F-1 status would cease to exist that point forward.

          Do you want to continue studying on H-4? If yes, then you need to let your school know about this.

  4. RS

    I am in H1 visa valid till Oct 2017. My spouse has I140 approved with valid visa date till June 2018.
    I am planning to change to h4 ead. I would really appreciate if you provide me some guidance to safely bet from the below options.

    Option 1: Right away apply for COS from H1 to H4 and ead filing concurrently, so that H4 and ead comes on same time. Any loop holes in this option ? what are the chances of H4 approved first and ead coming delayed. What is the estimate timeline ( 3 to 4 months to obtain cos ?)

    Option 2: Renew my H1 next year and apply cos to h4 along with ead processing when my husband does his extension in June 2018. Get h4 ead in premium processing along with husband’s extension.

    Also would appreciate if you throw some light on h4 ead renewal, in both cases. How early can we apply for extension and how long is the wait period.

    1. administrator
      Saurabh

      RS,

      If you want to move to H-4 EAD ASAP, then option 1 is the way to go. Processing could take 3-4 months and usually they approve EAD along w/ H-4 w/ no delay.

      H-4 extensions can be applied at most 6 months prior to H-4 I-94 expiration date (just like H-1). Processing would take 6-7 months but PP option is available.

  5. FS

    Hi,

    I am currently employed on H4 EAD and my current EAD expires on June 06th,2016. I have already applied for H4 EAD renewal and its almost 81 days. I have generated a service request for the same and its under process. Kindly let me know the steps I need to take if in case I don’t receive the EAD card till June 6th. Is there any way to continue the employment or expedite the process for EAD renewal?

    1. administrator
      Saurabh

      FS,

      You cannot expedite it and will have to stop working once EAD expires. Hopefully they would address your SR soon, as they have asked folks to raise SR when EAD has been pending for more than 75 days.

  6. Arjun

    Hi

    My spouse and me on H1B and H4 visa respectively from XYZ company.
    Later his employer established new company ABC and transferred my spouse H1B to ABC company and he got I-140 from ABC company.
    My H4 visa still with XYZ company. Now i am going to apply H4 EAD. Will it be an issue if my H4 is still with XYZ company.

    Regards,

    1. administrator
      Saurabh

      Arjun,

      It would be ok. H-4 is tied to H-1 and as long as H-1 petition was approved for ABC, it should be fine. What are the I-94 expiration dates for spouse’s latest I-94 and yours?

        1. administrator
          Saurabh

          Arjun,

          Should not be a concern then. Still it seems strange that both I-94s have same expiration date. Did ABC’s 797 came w/ same expiration date as XYZ’s 797? I don’t see any other reason why I-94s should be equal.

  7. Venky

    Hi Kumar/Saurabh,

    I am on H4 in US now and applied for H1 with COS. My H1 petition has picked up in the lottery and my case type is Regular processing/NonAd. My H4 visa is going to expire on August 30th 2016.

    1) I heard my COS will get denied considering my visa expiration date. Is it true that I should be with valid H4 on September 30th for COS to get approved?? If it is true, what are the options I have to work in US from October?

    2)If the above is not true, then, as per Last Action Rule, would I end up with H4 again (provided H1 gets approved and then H4 extension gets approved)??

    3)Do you recommend to withdraw H4 extension and upgrade to premium processing?

    Kindly help!!

  8. Aditya

    Hi,

    My question is related to H4EAD ‘renewal’. As I understand there is not official renewal process for H4EAD. You just apply for a new one. So here’s my question.

    I am on Hb, my spouse on H4 and she has a valid H4EAD. All these documents expire 30 September, 2016. My employer is applying for H1b extension concurrently with H4 and they said they will also concurrently send the H4EAD application. Now the question is, as it is taking somewhere around 6 months for H1 extension approval, there will be a period when my spouse’s EAD will expire. Will she be able to work on that expired EAD knowing a new application is pending along with the H1b application?

    Thanks.

    1. administrator
      Saurabh

      Aditya,

      She has to stop working when her EAD expires while the renewal has not been approved. Why don’t you file your petition in PP to maintain continuity of work?

  9. SD

    Hello,

    I need help to understand what is possible and what is not in my case below. Appreciate all your help !

    My spouse and I have H1B VISA. My H1B extension is currently in progress. My spouse has approved I140. I am planning to change my status and apply for H4 with EAD so that I can work independently. Could you please help me with the below details.
    1. Since my H1B extension is in progress, is it possible to apply for a H4 with EAD concurrently? as my employer would want a minimal / no downtime at work. (Can I work while my H4+EAD application is in progress? and switch from H1B to H4 with EAD once the application is approved?)
    2. What is the approximate time it takes to get H4 with EAD approval.

    Thank you for the help !!
    SD

    1. administrator
      Saurabh

      SD,

      1. Your status will remain H-1 until H-4 COS doesn’t get approved. So you can continue to work on H-1. As H-4 COS and EAD is filed concurrently, they should get approved together. So once COS is approved, EAD would be accompanied, and you can transition to that visa status.
      2. COS can take 2-4 months to process.

      BTW, has your current H-1 I-94 already expired?

      1. SD

        Hi Saurabh,

        Thank you for the quick response.

        Yes, my I94 was valid until current year Jan 14th so as my H1B, so an extension was applied on Jan 8th. I received the receipt notice, after which I have not heard from USCIS yet on the decision. It is still in status pending.

        This is the reason, I was not sure if a H4+EAD can be applied while my visa extension is in progress.

        Thanks,
        SD

        1. administrator
          Saurabh

          SD,

          In this case H-4 COS would be dependent on H-1 extension approval.

          It may be little expensive, but you can upgrade your H-1 extension to PP and then apply for H-4 COS.

          1. SD

            Thank you for the note Saurabh.
            If I quit the job while H1B extension is in progress and process H4+EAD , I believe the day I quit I will be out of status so not eligible to work.
            – What is the time frame(Approximate) it will take for status change and EAD?
            – Within how many days the H4 should be applied after quitting?

            Thanks,
            SD

          2. administrator
            Saurabh

            SD,
            1. It could take 2-4 months for COS to be processed.
            2. Your H-4 COS needs to be applied while you are still in valid status. So this means before you leave your H-1 job.

  10. MS

    Hi,

    My husband’s I – 140 got recently approved and I am planning to apply for H4-EAD now.
    I am in a bit of fix here as my H4 petition is valid till April 2018 but my I-94 expires on April 2017.
    Will this mismatch affect my EAD validity date?

    1. administrator
      Saurabh

      MS,

      It should be issued till your I-94. Why is your I-94 date different? Is your passport expiring soon?

      1. MS

        Actually my husband changed his job last year after we came back from India and after the H1 transfer formalities the petition from the new employer came with a validity till Apr 2018 . We haven’t been to India after that, so the I-94 still has April 2017 as the validity.

        That’s why I am a bit confused about the EAD validity dates and if there is anything I should be doing from my end while applying for it?

        1. administrator
          Saurabh

          MS,

          Didn’t your H-4 petition that came along w/ H-1 transfer have an I-94 attached at the bottom of it?

          Also, what shows-up on CBP site when you generate I-94 there using your passport number and last entry date?

  11. Vandana

    Currently I have H1 and my spouse has H1 and I-140 approved. I am thinking to apply for concurrent H4 and EAD to avoid h1 visa extension. so my question is ..is there any chance I will need to be without job as in case if my H4 comes first and EAd takes time?
    If yes generally for how many week difference there can be in H4 approval and EAd?
    Thanks!

        1. administrator
          Saurabh

          Vandana,

          Yes, I think it should not happen as they are filed together and would go to same officer for adjudication. If filed separately, then one may be approved after the other.

  12. Prathyusha

    Hi,

    I am on F-1 (OPT EAD expiring on May 20th, 2016) and my H-1B is still pending can I apply for change of status to H-4 & H-4 EAD before knowing the decision of H-1B and if I can do so then if my H-1B is approved can I change status from H-4 to H-1B?

    1. administrator
      Saurabh

      Prathyusha,

      Yes, you can apply for H-4 COS and EAD right now. If H-4 is approved prior to H-1, then there is a possibility that it gets approved w/ COS. So you eventual status will become H-1 even w/o taking any action.

      As there are few outcomes possible in your case, you should keep a track of where each petition is.

      1. Prathyusha

        Thanks Saurabh!!

        One more question, what if my H-1B approval decision is known before my H-4 or H-4 EAD is approved. In that case what will be my status.

        1. administrator
          Saurabh

          Prathyusha,

          Search for Last Action Rule. The petition that goes into effect later will determine your eventual status. Consider 2 scenarios:

          1. H-1 COS approved on June 1 w/ effective start date of Oct 1. Your H-4 COS approves on July 1. You will remain on F-1 until July 1, move to H-4 from July 1 and then move to H-1 from Oct 1.

          2. H-1 COS approved on June 1 w/ effective start date of Oct 1. Your H-4 COS approves on Nov 1. You will remain on F-1 until Oct 1, move to H-1 from Oct 1 and then move to H-1 from Nov 1.

  13. An Tran

    I am an F1 visa holder and I am planning to apply for an H4 as dependent on my husband H1B status. While waiting for H4 approval, I want to go visit my home country during break from school. Will I be eligible to extend my F1 by mail in my country and come back the U.S. legally? Please help answer.

    1. administrator
      Saurabh

      An Tran,

      You would be applying for H-4 by filing Change of Status (COS), correct? The moment you leave US while this is pending, COS application will be abandoned. Do not leave US while it is pending; else there is no point of applying for it. You can apply for H-4 in your home country and then return to US on that visa if the intent is to be on H-4 and going outside of US in unavoidable.

      What do you mean by extending F-1 visa? Is your visa stamp about to expire? When are you graduating?

      1. An Tran

        Hey Saurabh
        I am going to a college now under F1 visa. My F1 will be expired August 2016 so I am wondering if I would like to go visit my home country I have to apply for visa extension, while I am applying for H4 simultaneously, will it be possible for me to do that or should I stay in the U.S. until I got H4 approval. Thanks!

        1. administrator
          Saurabh

          An Tran,

          Couple of questions:
          1. Is it certain that you will be traveling outside of US?
          2. Do you eventually want to be on H-4 status?

          If the answer to both is Yes, then why don’t you appear for H-4 visa stamping and return on that stamped visa. This way you don’t have to apply for H-4 COS.

  14. Shi

    Hello all,

    Quick qn regarding f1 to h4 cos and h4 ead. I have applied both concurrently. Now i got my ead but my cosstill shows as “case received”. What Does that mean? I got my ead and now in dilemna if i can work or no because i dont see the approval of cos on uscis site. Anyone in same boat? Any suggestions or help is highly appreciated please. Thank you all in advance

    1. administrator
      Saurabh

      Shi,

      That’s strange. They shouldn’t have done that. It is possible that online status is incorrect and your status is now H-4.

      Check w/ school DSO if they can look at your SEVIS record to see if the COS has become effective there?

      Another option is to try for SSN and see if it goes through.

    2. Rekha

      Hello Shi Sorry I could not answer ur question.. But I need ur help for change of status from F1 to H4 and then H4 EAD. How do I apply concurrently?? Wats the procedure ? Plz help me out !! Thanks in advance

  15. Mayank

    I got an i-140 approved. My H1B visa till Mar 2017.I want to apply for my spouse EAD.
    I have below questions –
    1. I want to switch company on approved I-140. Should I switch after 180 days to retain priority Date?
    2. If I change job what happens to my Wife EAD and can we extend it beyond Mar 2017 as after job switch new employer has to start the i-140 process again

  16. Sweety Garg

    H-4 to F-1 in middle of semester :-

    BACKGROUND : Currently,I am doing MS from UWM in H-4 status. So far I have completed 12 credits and I am in the 3rd semeseter now (Spring’16) . In this semester, I have opted for 3 courses/9 credits out of which only 1 is classroom course .

    There is a likely chance that when I’ll be in middle of my semster 3 (Feb’16) my husband may go out of status , meaning that his H-1B visa may not be valid . This in turn means that I’ll also go out of status.

    I do not want to initiate I-20 request before knowing about my husband’s visa status because if I do, then I’ll have to un-necessarily take courses in Summer semester which are not relevant to my MS. I will accrue additional fee of at least $12,000 on this.

    QUESTION :

    1. How should I proceed for obtaining an F-1 ? Will university provide me I-20 in middle of semester ?

    2. If above is possible in Feb’16 itself and I mail it to the USCIS for COS , will I be considered in-status until the COS is approved ?

    3. How do I manage the timing for this eventuality ? For example, let’s say that my husband’s H-1B becomes invalid on Feb-15-2016 and I obtain the I-20 on Feb-16-2016 and mail it to USCIS on the same or next day, which will eventually reach to USCIS in 2-3 days. Will I be considered out-of-status since Feb-15-2016 ?

    4. F-1 mandates 2 classroom and 1 online course only however, I’ve opted for 1 classroom and 2 online course in the current semester. Will this be a problem for CoS?

    Please guide me.

  17. suchitra bhattacharjee

    m here in h4 visa…m getting really frustated sitting at home….m eagerly waiting for sponsorship or consultant for biotechnology companies..m very much looking forward to it

    1. administrator
      Saurabh

      suchitra bhattacharjee,

      You can look for CROs and approach them for visa sponsorship. Approaching big biotech companies is also an option, but am not sure how open they would be to extend visa to someone who is on H-4 and may or may not get H-1 (lottery).

      Are you on the east coast or west? Any chances of your spouse getting his I-140 soon?

    2. suchitra bhattacharjee

      ok..thnx…can u give me the websites where i can i find the sponsorship for CRO…….& biotech companies……is there is any other way to get h4 visa converted???i heard from some online classes that if i get admission into community college ….hence thereafter my student visa gets issued…those online institute after trainning gets over they can proceed for the same…..do u know any thing about this???

      1. administrator
        Saurabh

        suchitra bhattacharjee,

        I don’t know any CROs that I can recommend. Do a general search for CROs and start getting in touch w/ those companies. You can search for them in linked-in as well, and see if there are any common contacts that can introduce/refer you.

  18. ramana

    Sir my sister went to USA on H4 visa,After a month they got seperated and she started studying in a university.She want to change her status from H4 to F1. She has no recent documents of her husband so called paychecks and other documents.They are not in contact with each other.
    1) Are these documents of the husband are needed to change her status in USA or AT HER HOME COUNTRY ?
    2) will it be possible to change her status in USA without these documents ?
    3) does she compulsory require the documents to change her status ?
    4) does she has to return to the home country to change the status ?

    1. administrator
      Saurabh

      Ramana,
      I am not an immigration attorney, but here are my thoughts:
      H-4 is a family reunion visa. If they have separated then she shouldn’t use her H-4 visa to stay in US. You may think that immigration laws are against the dependents, but that’s what the law is and needs to be followed. If her husband stops maintaining H-1 status, or leaves US or sends an application to revoke her H-4, she will be in a big problem. She should leave US ASAP or contact immigration lawyer.

      1. For COS filing, she needs her husband’s payslips to show that she is maintaining status. Even when applying for F-1 in her home country, she may be asked for proof of maintaining valid status in US, which means producing the payslips.

      2. No

      3. Yes

      4. She should return to home country, apply for F-1 visa and when approved enter US to study. She should not use H-4 visa if she has separated from her husband.

  19. Kasthuri

    Hi,

    My spouse is in H1. Wants to change from H1to H4 EAD. We are planning to file COS and EAD application concurrently. Will COS and EAD be approved documents arrive at the same time ? Or will USCIS send COS docs first followed by EAD, meaning can my spouse continue to work uninterrupted during the processing of H1 to H4 EAD or will there be a break if his COS reach first?

    thanks

  20. raj

    Hi

    If I get an EAD based on H4 then do I need to get a visa stamping when I go outside USA. Or this EAD is treated as GC EAD where visa stamping is not required

    Thanks in advance

    R

  21. Anisha

    Hi,
    I am currently on H1B visa and planning to change to H4 EAD. My job is going to end by October 1st. So I am planning to go to India in october and go for H4 stamping to the Consulate. After i get my H4 stamping, Can i start applying for the EAD, or should i wait till i return to the US with new I94 (H4) and then apply after coming back? Also do i need to have October payslip if i am going for stamping in November.

  22. kanchan

    Hey guys, i am currently on h4 visa doing my MBA. My spouse is on h1b and his company has just filed his perm application june 2015. I have till dec 2016 to graduate. I was planning to change to f1 visa starting 2016 so that i can be eligible for opt, but with the new ead rule i am in doubt should i complete my mba in h4 status and wait formy spouse’s i 140 approval, this way i will save few thousand dollars in tuition fees.

    My question is that how easy is it to repeal this excetutive action once thd new government comes into power?
    If i go onF1 visa now, will i be able to come back to h4 easily and apply h4 ead later in case i do not get h1b?

    1. Alyssa

      Hello!

      Since your husband has an h1b and you have a h4 and that is going to be my future me h1 and my husband h4, I was wondering if you both went to the interview for visa together? How and when is the process for the h4 for spouse. I would really appreciate your help. Thanks!

  23. Prachi

    I have applied for h1B as I was on h4, and my application got picked up in lottery but there is an rfe came. SO My question is can I apply for H4EAD as my husband got his I140 same time as H1in process. Or should I wait for H1status. Please answer.
    Thanks already

  24. Shani

    Hi,
    My husband H1B recently approved, so my H4 visa. He changed his status from OPT and F1 to H1B this year. We are in the U.S. for 3 years. Our new statues will be valid from 10/01/2015 to 09/03/2018. Can I apply for EAD. I read somewhere I can not be eligible for EAD, since my husband have not an approved Form I-140, and he have not been on H1B extension. Thanks

  25. Sai

    Hello,
    Both me and my husband have an approved i140. Are there any specific rules for me to apply for H4 EAD? If I apply to convert my status from H1 to H4 and H4 EAD, and in case H4 EAD gets rejected, will I be losing my approved i140? or does it be valid until my current employer revokes it.
    Thanks!

  26. Pooja

    Hi,
    I like to apply for EAD (H4).
    My current H4 is valid only for 3 Month 15 Days.
    My husbands I-140 is applied (we are in 7th Year currently).
    Question: Will the EAD be only valid till Sep (as per Current H4)? So by the time I receive the EAD it will be only few days… So If I apply for extn (if that take another 90 days).. will I be able to continue working while EAD extn is pending?
    Thanks,

  27. Rahul

    Hi, I have an approved I-140 and I am working with Employer A. I have resigned from employer A and joining employer B next month. I know that I can apply H4 EAD until employer A does not revoke the I-140. My question is which documents I need to send with the EAD application? I-797 and H4 from Employer A or employer B?

  28. Padma

    In I-765 application form ,what I need to fill in insection 16 “Who May File Form I-765?” To apply for H4 EAD.
    Please give me suggestion..

  29. Vishakha

    Hi,

    What is the filling address for form I-765. USCIS (uscis.gov/i-765-addresses) has en extensive list of addresses, but no where they have mentioned about H4 applicants.

    Thanks

  30. Saranya

    Hi please help me,

    I am on opt 17 month extension and my company applied H1B but did not picked in lottery. So what is my solution?

    My Opt Stem extensions expires next year May 2016 so technically I have one H1b trial.
    My question is Can I apply H4 and h4 ead together in Jan 2016 so can work continuously without a gap with either of the visa? is it possible? If H4 comes first will Opt will be lost and get a gap till h4 ead?
    or If H1 is picked in next year lottery Can I cancel H4?

  31. Muthu

    Hi,
    After getting H4-EAD, if the primary applicant changes the job and the company revokes I-140. Will it affect H4-EAD anyways ?

    thanks

  32. Muthu

    Hi,

    I am in H1B and my I-140 is approved recently. But if I change my job, will my spouse be able to apply for H4-EAD?

    thanks

    -Muthu

    1. saranya

      No you can always apply with i140 no matter if its new employer but take care that your old employer did not revoke ur i140

  33. Chidu

    Hi,
    I have clarification with respect to last name here,
    I came to US in 2011 on h4 and I did not have a last name that time,
    In 2012 I added my husbands name as last name in my passport,
    My husbands employer did not update my last name when he applied for his h1 extension in 2015, we got the extension valid till 2018 without my last name on the document, so my h4 document will be say for example “Chidu Not Aplicable” and my passport will be “Chidu Ram ”
    Will this be of any concern when I apply for h4 ead ?
    Appreciate your reply
    Thanks in Advance

  34. Raj

    Will there be any restriction to work on EAD received by H-4 dependant from H1-B spouse ? I mean, would h-4 after getting EAD can work anywhere without any sponsorships, anywhere like McDonald, Walmart, and any business offices etc etc ?
    Thanks.

  35. Ivy Nguyen

    Hi, right now my husband has his H1B and we want to change my status from F1 to H4. When should we apply for H4 COS? Is there specific time period for this kind of application?
    Thank you very much

  36. Karthik

    If an application for Change of status from F1 to H4 and H4 EAD is file simultaneously, my Change of status to H4 went through but EAD was denied due to some reason am I stuck in H4 or am I back on F1?

  37. SRG

    Hello, Im currently on H1B but looking to apply for H4 and H4-EAD. My husband’s employer has filed his Green Card and will be getting his I-140 pretty soon. I’m currently working in the STEM category and hold a MS degree from US.
    I needed to know the exact criteria for applying for H4-EAD(I-765).
    Thanks!

  38. Sh

    Hi.
    I am on H1 now and would like to apply for this H4 EAD rule.
    So if I put in application for H4 visa and EAD, will I get the EAD along with my H4 visa approval? I am currently working and if H4 gets approved before I get EAD, I may have to stop working till I receive EAD?
    Please advise.

    1. Chenni

      Hi Sh,
      I am in same boat as you are.
      1) will I get the EAD along with my H4 visa approval?- I am not sure about it.
      2) You will need to stop working once your H4 gets approved before EAD.

        1. Shan

          From part 3 of this discussion answered by Emily,

          http://redbus2us.com/h4-visa-ead-faqs-start-company-work-at-multiple-employers-apply-in-india/

          When COS from H1B to H-4 status and EAD, will the H1B status be lost on approval of H4 or after approval of both H4 and EAD? Just in case, my H-4 COS is denied, what is my option?

          A: The change of status to H-4 takes effect on the day of H-4 approval. Therefore, the H-1B status is lost when the H-4 is approved. What this means is that there is a potential that the H-4 will be approved and the EAD may be delayed. This would cause an individual in H-1B status to potentially be changed to H-4 without an EAD and unable to work until the EAD card is eventually issued.

  39. Ronkur

    Guys – I have one humble request.

    Who ever is benefiting from this H4-EAD rule. Please give a serious thought before applying for H-1B this year. Please. Please. Please.

    Unless and until you really really need to apply, please don’t. Give some other poor soul a chance to improve his/her chance to get through this insanely ridiculous H-1B lottery.

    Just think.

  40. Krish

    Are there any restrictions on H4 EAD employment such as the following?
    – Should the H4EAD employment be in same location as in spouse’s H1 LCA?
    – Should H4EAD be renewed when switching employers while on EAD?
    – When COS from H1 to H4EAD, will the H1 status be lost on approval of H4 or after approval of both H4 and EAD?

  41. rik

    Would not my OPT status automatically expire when my H4 would be approved? If that is the case, then I should not be able to work during the gap even if my OPT were scheduled to be expired later previously.
    Emily: Please correct me if I am wrong – if I apply concurrently (F1 OPT to H4 and H4 EAD), I can continue to work even after I know that H4 is approved and H4EAD is being processed provided my now expired F1 OPT had more time on it.

    1. Priyanka

      I am also in the same boat. Working on OPT as a full time employee. Willing to take advantage of H4 EAD rule based on my husband’s 140 approval. I and my employer wants certainty. Can I continue my work while the transfer is in progress? Based on OPT EAD.

    2. PB

      I am on H1B visa and will be completing my 6th year in September 2015. My Perm is still pending with USCIS and I140 is still not applied/approved. Assuming my I140 is still pending with USCIS and my H1B is extended based on this pending application, I believe my wife can still apply for H4 EAD, correct?
      What if after my I140 is approved, Her H4-EAD is approved, I decide to change Job after 6+ years and my previous employer withdraws the application, Is my wife’s H4-EAD still valid based on the fact that I have an extension on H1B?

    3. Sudheer Jinka

      Hello Rik,

      Hope you got your H4 EAD without any interruptions. I am exactly facing the same issue being currently on OPT EAD, but applied for COS to H4 concurrent filed for H4 EAD, please let me know how the process worked. I have put the H4 activation date as my OPT expiration date. Thanks.

  42. kirthi

    Hello

    If I apply for my EAD on May 26th -2015 and leave the country on vacation(since i already booked the tickets from May27th-July7th) to India.Is it good to leave the country while the EAD is processing ? Any other limitations while travelling?

  43. Sai

    Same clarification related to Preeti’s: I am planning to move to a new company and my H1 will be transferred. Can I still be able to go with H4EAD with the previous company from which my I-140 was approved?
    As the new firm said, they may can start the GC process only after 2 years of work. Please clarify.

  44. Preeti

    Hello,

    We have an approved I-140, my husband has changed the company. And he received his extension on the basis of approved I-140. Though he has changed his employer. But his I-140 is still valid. I am on H4 Visa.Now my question is Can I apply for H4 EAD using the approved I-140 from the previous company.

  45. SK

    I am on H1B and my spouse is having Bachelors of Mathematics degree from India. She is allowed to work under H4 Visa EAD rules or there is any skill criteria to get EAD. Please let me know.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.