by Emily Neumann, Attorney at Law
This is part 3 of our FAQ series of the H4 Visa EAD rule was passed by DHS with effective date of May 26, 2015. You can check out the second part of H4 EAD FAQs –Part 2 – I-140 Change Employers, L1B, CPT, written by Emily, who is a highly qualified immigration attorney practicing only immigration law for over 10 years. Thanks a lot to Emily for her time and effort to help our readers.
Can a H4 visa holder with EAD open a business or start company ?
A: Yes, the EAD for H-4 holders is not restricted to any particular type of employment. It can be full-time, part-time, multiple employers, short-term multiple employers, independent contractor (i.e. 1099), self-employed business owner, employment through a staffing agency, paid, unpaid internship, or not working at all.
What will happen if in case my spouse, who is on H1B, loses his job? Being the H1B primary, will the H4 EAD be automatically invalidated?
A: I think the short answer is probably yes. In general, if an H-1B holder loses a job and falls out of status, the H-4 holder would also go out of status. It really will depend on the specific circumstances of the H-1B holder’s situation and a qualified immigration attorney should be contacted if this situation arises.
If we can start a business on H4 EAD, can the H4 visa EAD holder start the business with the receipt number or they have to wait till approval?
A: The EAD card is not like an H-1B transfer in which you can work based on the receipt in certain circumstances. Instead, you must actually have the card in your hand before you are eligible to work, even if it is for your own business.
Is there any premium processing for H4 visa EAD Application? If so, how many days will it take?
A: There is no premium processing for the H-4 application itself or for the EAD application. EADs typically take 90 days. In certain emergency situations, it may be possible to expedite a pending EAD application, but expedites are usually limited.
Can H4 Visa holder under new EAD work for multiple employers?
A: Yes, the EAD for H4 visa holders is not restricted to any particular type of employment. It can be full-time, part-time, multiple employers, short-term multiple employers, independent contractor (i.e. 1099), self-employed business owner, employment through a staffing agency, paid, unpaid internship, or not working at all.
Can the EAD holder on H4 visa status work for an employer and do or own business together at the same time?
A: Yes, H-4 status EAD holder can do both working for an employer and doing business at the same time.
Is this H4 EAD application can be submitted by an individual without any attorney? If so is online submitting the EAD application is possible?
A: Any immigration application can be submitted without the assistance of an attorney. The bigger question is whether it should be submitted without the assistance of an attorney. An application filed by an attorney does not get any special treatment, but an attorney will generally be able to ensure that the application is properly filed to the right address with all of the necessary documents. This can minimize delays in obtaining the approval.
E-filing is available for the I-765 form; however, the H-4 EAD is not yet listed as one of the eligible categories for e-filing. Check this website to confirm before attempting to e-file:http://www.uscis.gov/e-filing-i-765. As a side note, in general, I prefer paper filing for 99.99% of all applications I handle. Perhaps as the myUSCIS online tool is rolled out, online filing may become a more hassle-free process. For now, I will stick with paper.
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.
The second part of the question related to a possible denial of the H-4 change of status is too case-specific to address here. In general, a properly filed application to change status to H-4 is unlikely to be denied unless either the main H-1B holder is out of status or the H-4 applicant is out of status. If this occurs, a qualified immigration attorney should be contacted to discuss the options in the event that an H-4 change of status is denied.
If I do COS from H1B to H4 to avail EAD benefit as my primary H1B holder has approved I-140, would I be H1B cap exempt, if I plan to switch back to H1B from H4 in future?
A: Yes, an individual who has been working in H-1B status and then changes status to H-4 can change status back to H-1B at a later time without being subject to the cap since he or she has been previously counted under the cap.
My H1B spouse has I-140 approved. If applying from India for H-4 for the first time, could I apply H4 visa and EAD together? Or should I get the H4 visa first, then come to US with that visa and then from US only I will be eligible to apply for EAD?
A: Unfortunately no. The EAD application requires you to submit your H4 status I-94 card, which you will only receive upon entry to the U.S. on the H4 visa. So, when considering job opportunities in the U.S., keep in mind that it will take about 90 days after your entry for you to be eligible to work.
Can we apply for Advance Parole (AP) to get travel clearance on the H4 visa EAD?
A: Unfortunately no. This particular EAD is not the same as the EAD that an individual receives based on a pending I-485. A pending I-485 makes an individual eligible for Advance Parole and that endorsement is usually included on the EAD card. The H-4 EAD does not have a provision for applying for Advance Parole. If you intend to travel, you will need a valid H-4 visa stamp in order to return to the U.S.
Do you have any more questions that you are not clear ? Add your questions, thoughts as comment.
Stay tuned on the blog, we have the next article coming up with much more questions on H4 Visa EAD…
Thanks again to Emily for kindly helping us answer the third set of questions and writing for us. Immigration can be complex, if you need help with your H4 EAD application, please reach out to her by 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.
Hello,
I am on F1. It expires in a month. I have my I-140 approved from my employer. Due to the delay my priority day may not become current before my F1 expires. If i marry my fiance on H1 will i ve eligible for H4? Will it affect my GC application in anyway?
Hello Saurab, Thank you for answering questions here.
My wife has an pending H1B application non-cap and she is on H4 currently. Can I still apply for her H4 EAD based on my approved I-140?
I would appreciate your reply.
Thanks
Happy Singh,
See my response to your other post.
Are there any tax benefits for H4 EAD over H1B Visa holder.?
My husband is on H1 and I’m on H4-EAD and had applied for GC in EB3 category in 2007. If I did MBA from here, will we be able to move our case to EB2 category? Who would prove more beneficial to do Masters here, me or my husband? Would you know any MBA institutes that are USCIS approved that will help in changing the status? My daughter was born in India and will be starting college soon, so that is another reason to try to get a green card asap. In case we don’t get GC by the time she starts college, what are her options in terms of fees, status, benefits etc. Does she require an EAD to work as well, both in HS and when she turns 18?
I am applying for H4 EAD but it will be only valid till Feb next year, I want to start LLC/business with a greencard holder friend. What would happen with LLC/business and taxation while I am waiting for my spouse’s H1B extension and EAD extension? I think there will be around 6-7 months of gap.
Sweta,
I assume you will have to stop managing the company just like you would have to stop working had you been working for a company. Why don’t you apply for H-1 and H-4 extensions in PP along w/ EAD renewal so that there is no break.
Thanks for quick reply. I have two questions from your answer
1. Does Ead extension also cover under PP along with H1 and h4 extn? Or does it take its own time?
2. Can I stay on LLC while i am out of status? Or i have amend the llc to take myself out?
Shweta,
1. If H-1 extension, H-4 extension and H-4 EAD renewal/extension are applied together, then PP services apply to all. If H-4 EAD is applied separately, then no PP option is available. See here.
2. I would defer this to an immigration attorney. Maybe it is just sufficient to stay in LLC but not withdraw any profits, but am not 100% sure.
I am interested to know if you find your answer to question 2.
“Can I stay on LLC while i am out of status? Or i have amend the llc to take myself out”
My wife is in the same situation
My wife has been in the US under H1 B for about a year, and her i140 has been accepted. I have a H4 visa, and basis the i140, have applied for EAD which is under receipt and is in process.
I am planning to apply to an Institute for an MBA. This would also entail taking up an internship for about 2-3 months during the middle of the 12 month course.
Ideally I would like to retain my EAD for obvious benefits. However, would like to understand
(i) Can I be enrolled as a full time student under the existing H4 ?
(ii) Is there any specific rule / or benefit under which I should change to an F1.
(iii) Can I take up internship (paid) during the course of study (under H4, with EAD)? Or is internship only for F1 ?
Farooq,
1. Check w/ school. A lot of schools allow you to be enrolled on H-4.
2. If you have H-4 EAD, having F-1 is no additional benefit. If I were you, I would stay on H-4 EAD.
3. You can take-up internship while on H-4 EAD.
My question is that in case of employer based green card is it mandatory for the employer to file petitions for green card to both, his employee and spouse (on H4 visa)when the employee has been married for six years. or only on the basis of request made by the foreign employee , GC application for his spouse can be filed
Leena Sawant,
Employer will rely on his employee to provide details of dependents who need to be included in the green card application. This would include spouse and kids born outside US. However, if employee decides not to provide spouse’s name, then employer cannot compel them to do the same.
Recently, I got my new passport with name split which was earlier FNU. My visa, I797 and I94 has still my old name. Do I have to change name on I797 and I94 before applying for DL and H4 EAD or name change on new passport is enough? If yes, Whats the process as H1 B company is not allowing him file I539 again for my name change only. I think I got stuck due to FNU removal. Please help me
Neha Gupta,
It is recommended to apply for amendment of other documents and get it corrected first, it is a mandatory requirement to get it corrected, if any changes are done like name. You can check the DL office, if they can take the new passport and give you DL with the updated name.
I was on H1B which expired on April 23. I have applied for H4 COS & EAD concurrently, pending with USCIS since Feb 5th. Can I continue to work with expired H1b until i get my H4 COS approved.
Please advice.
Thanks
Priya,
If your H-1 expired and no H-1 extension was applied, then you need to stop working.
I am on H4 visa with my I-797 having my previous name (FNU Sonam Singh). I recently received my new passport with my First name- Sonam and last name Singh. Now, I want to apply for H4 EAD. So what should I do? Since, my last name is different in my I-797 and older passport what supporting documents will be required. Did anyone has a similar issue? Please suggest.
Hi
I am on H4EAD now. I have applied for H1 and if it get sanctioned in august. Can I work on H4 EAD till august? Do I have to change to H1B after august?
Thanks
Chinna
Hi,
My husband has an approved I-140 with company A. He recently joined company B. Now I had applied for my H4 visa transfer to company B. Can I apply for EAD with the approved I140 of company A (with the H4 visa still under the company A) or do I need to wait until my H4 visa with company B comes?
regards,
Ameesha
Ameesha Patel,
It can still be applied. You don’t need to wait for current H-4 approval before applying for EAD.
My priority Date in March 2010. I got my EAD in May 2012. I was single at that time. I got married this year.
I am currently on H1B and my wife on H4 and it valid till November 2017.
I haven’t used my EAD till now. I have to do an adjustment of status for my wife when the dates becomes current.
I have one question
2) If I apply H4 ead for my wife now Is it going to affect in any way as i have to apply GC- EAD for her later (whenever the date becomes current)? Is applying H4 EAD going to create any problem while applying GC- EAD for her? I read somewhere that you should not apply for another EAD if your EAD is active. In this case can i apply GC-EAD when her H4 ead is active.
What are my options?
Hi,
My fiancée is in H1B status and I am planning to get married in a month in US itself. She has a valid I 140 approved. Now, my questions are:
1) After I get married, can I apply for H4 and H4EAD together from US. If yes how much time will it take?
2) Do I have to remain in US till this EAD gets approved or I can come back and then I can again go back to US.
3) After I get the EAD, can I apply for jobs in US from India.
4) Also I came to know that EAD processing would take 2-4 weeks, is it true? as in this thread I read it takes 90 days on an average.
Abhishek,
What is your current visa status? Are you in US?
Hi Saurabh,
I am on B2 (Travel Visa) right now. No, I am in India right now. I am planning to visit US and then do Court Marriage and apply for H4 and then H4 EAD. Also, can you please let me know if I need to do my H4 stamping, which city in Mexico will be the best option?
Abhishek,
So you want to enter US on B-2, do court marriage and file COS to H-4. You don’t need to get H-4 visa stamped immediately as long as you apply for COS and it gets approved.
Next time you have a need to travel outside of US, get H-4 visa stamped then. Preferably this should be done from home country as this will be your first H-4 visa stamping.
I have applied for h4ead, now I need to travel.
Is it ok to travel outside us when h4 ead is in process.
Anu,
This is what USCIS say about travel w/ pending EAD application:
Can I travel while my Form I-765 is pending?
You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.
Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.
Hi Saurabh,
Thanks for that input. Actually its not just H4 but my main aim is to get H4EAD done ASAP. So I am planning to get married in US, Go to Mexico next day for H4 stamping and then apply for H4 EAD from US. So request you to help me with below questions if possible
1) Do I get H4 as soon as we get married? And then go to Mexico for stamping?
2) Can I go to Mexico the very next day I am getting married?
3) Which city in Mexico is the nest one for H4 stamping?
Abhishek,
You can apply for H-4 COS and EAD in parallel. So time-wise there wouldn’t be a difference as EAD will take 2-3 months in both instances (COS + EAD vs stamping + EAD).
As this is your first H-4 stamping, you should go to home country and not to MX or CA.
Hi Saurabh,
Understood and clear. But I have a slightly different plan. I am planning to go to USA for a month and complete following activity before I come back to India:
1) Get married
2) Apply for COS to H4 (I don’t know how much time it will take).
3) Go to any nearby country (Mexico/Canada) considerably Mexico and get H4 visa stamped.
4) Come back to US and file for H4EAD and finally come back to India.
All this so that when I come back to India my company can send me to US on a project. I don’t want to come back to India for h4 stamping and again go back to US for H4 EAD application.
Please help me here or PM me your number if possible so that we can discuss in detail (abhishek.agarwal99@gamil.com)
Abhishek,
COS would take 2-4 months to process and the moment you leave US, it will be abandoned. So applying for COS doesn’t solve any purpose if you plan to leave US within 1 month.
Like I said, applying for H-4 visa in MX or CA is a risk. But if you want to take that risk, then have contingency plans like going to home country and getting it stamped etc in case of running into issues in MX.
H4 EAD can take few months to process. So if your plan is to apply for it and then leave for India and return to work for an employer, then keep in mind the timelines.
My husband is on H1B and I am on H4. My EAD is expiring this month. We both applied for extension for respective VISAs. We got our extensions approved. After receiving the approvals for VISA extension, I immediately applied for H4 EAD renewal. I have received Notification and EAC number from USCIS saying my case was received. They have not renewed my EAD yet. I am currently working on H4 EAD.
My question is Can I continue working after my EAD expires? (Since I have the EAC number from USCIS saying my case was received)
Riya,
I don’t think you can work once your current EAD expires and the renewal is pending. It not like H-1 extension.
I received H1B approval notice (I-797A) with new I-94 that lasts till April 2019.
However, when I entered last time into the US in Jan-2015, the immigration officer’s stamp in my passport says that “admit till April 25, 2016” (based on my old H1B approval notice).
Now, I am planning to extend my wife’s H4 EAD (which is valid till April 25, 2016), based on my new H1B approval notice. Can I use the new I-94 that is attached with the new I-797A?
Do you think the USCIS will check my I-94 online (https://i94.cbp.dhs.gov/I94/request.html) to cross check my I-94 status which is showing “admit till April 25, 2016”.
Do you think this will be a problem or am I over thinking?
Please guide
Thanks
Karna,
You should submit copy of your extended approval notice and attached I-94. That way, USCIS will extend the H-4 until April 2019. Their system will show April 2019 as the expiration date of I-94 and not April 2016.
And yes, you are over thinking 🙂
Thanks Saurabh
Hi,
I’m on H4 visa currently which is valid until Dec 2017 and my husband is on H1B visa (valid until Dec, 2017, which is max out of his H1B) whose I-140 filing is currently in process by his employer. I understand until his I-140 is approved, H4 EAD cannot be applied for me. However, I wanted to understand once my husband’s I-140 is approved and we apply for my H4 EAD and assuming even that is approved can I study (or continue to study if I’m already enrolled with a University – if legally permitted) as a full time student? Also, once the H4 EAD is approved what would happen when I travel (assuming Jan, 2018 which would be post max out of my husband’s H1B and expiration of my H4) outside USA? Which type of visa would be stamped on my passport and would there be any problem during stamping since I’m not working but studying (if legally allowed to) on H4 EAD?
Thanks.
Navdeep,
You can study or continue to study even after your EAD has been approved. EAD just provides work authorization. There is no change to your visa status which remains H-4, so no impact on your enrollment in school on H-4.
Once I-140 is approved, employer can file for extensions beyond the 6th year limit. This would allow you both to stay and work/study in US beyond Dec 2017. So when you travel outside of US, you will have to receive H-4 visa stamp by showing the petition that has been extended beyond Dec 2017.
Thank you Saurabh for responding. This info. certainly helps.
HI,
If I have a H4 – EAD, does the company that recruits me need to sponsor my visa?
Sugandha,
No sponsorship required. You have all the necessary immigration documents once you receive your EAD. The company can do I-9 verification and you can work for them.
Hi!
My H4 Visa is valid until August 2017.
I do not want to be an employee. I want to open an own business.
I can apply EAD to open small businesses?
If possible, which initial investment required?
Marcos,
Once on EAD, you can open your business. Are you eligible for H-4 EAD?
Hi, thanks for your replay.
How can I know I am eligible for the EAD? I mean where I can find this info? Thanks so much
Marcos,
If the H-1 visa holder is in 7th year of H-1 or has an approved I-140 then you are eligible for H-4 EAD
My husband is on H1B and I am on H4. My EAD is expiring next month. We both applied for extension in November 2015 for respective VISAs. We got our extensions approved. After receiving the approvals for VISA extension, I immediately applied for H4 EAD renewal. I have received Notification and EAC number from USCIS saying my case was received. They have not renewed my EAD yet. I am currently working on H4 EAD.
My question is Can I continue working after my EAD expires? (Since I have the EAC number from USCIS saying my case was received)
Hi gauri,
i am also in same situation..please tell me what you did in this situation..if employer aloows to work then can we continue working?
Hello,
I am currently in my 5 th year of H1 B. My second term of H1B expired in Sep 2017. I am currently in the process to apply for EB2 NIW I-140. I want to apply for EAD for my wife who is on H4 currently. I was wondering if I can apply for EAD for my wife when my I 140 is pending?
Appreciate your advice.
Thank you.
Happy Singh,
You need I-140 to be approved in order to apply for H-4 EAD. Did you explore the option to upgrade I-140 to PP?
Hello , Saurab.
Thanks for replying to my question.
As far as my knowledge in a NIW I140 there is no premium processing. Please correct me if y information is wrong.
Thanks
Happy,
Ohh its NIW. Yes, I agree that doesn’t have PP option.
I am on H4 EAD and i going to work as a independent contractor (i.e. 1099).
Do i need to register a company to work as a independent contractor or else i can work myself without registering a company?
Currently i am in NY State.
hi
can EAD holder works for u.s govt jobs, like police officer, post office, immigration center, etc.
sankameshwari,
They can if the govt agency is willing to hire them.
Hi, My spouse is in US and has a I-140 Approved. I work for an Indian company XYZ that has offices both in US and Europe. I am currently in Europe on a valid Work Permit. Once I travel to US after my H4/EAD is approved, can I work from both locations i.e both US ( work from home for XYZ ) and Europe ( Same company XYZ) and shuttle whenever required. Will it impact my payroll / taxes at these 2 countries. Will it be better if I work at alternate locations every 3 months and get paid for those months in the country where I work from? Please suggest the best option.
Dipa,
From immigration perspective, you can work from either location interchangeably. You should consult your tax advisor to know about tax implications. Usually when you are a resident in US (including H visa), you need to pay taxes on global income and not just US income.
On H4 EAD, does any real person open business? I want to know. anyone here? I am planing to open small business. my EAD valid for 2years 4Months also got SSN just couple of days back.
I am planing to invest some small business please reply if any real person open any business here on H4 EAD.
Prashant,
If your question is can anyone open small business on EAD, then answer is Yes.
Hello,
My wife filed for Green Card in EB2 category with married status.I am holding a H1B visa which is valid until Jan 2017.Since her I-140 has been approved can I directly apply for EAD ? Or do I need to change to H4 first and then apply for EAD.
Regards
Siddhesh
siddhesh,
You cannot apply for EAD while still being on H-1 status. You need to file for COS to H-4 and then apply for EAD. I think the COS and EAD can be applied concurrently as well.
Hi,
I am going to apply for H4 EAD just waiting for my spouse’s I-140 approval. My husband changed his employer and after that he had his visa stamping done. I don’t have any stamping on our new visa. Is visa stamping required to apply EAD?
Ishita,
H-4 visa stamp is not required for EAD
Hi,
Would like to know what is the procedure to start an online business using h4 EAD . Is it mandatory to register the company name? Or we can just do it as EAD is there and then use personal account for transactions? I couldn’t find any info on this.
Please advise if you have any info.
Jay,
I am not 100% sure, but I think you can do either ways. You can open an LLC or do it w/ your name. You have to think about tax implications, liabilities etc when making that determination.
If I travel out of US after getting my H4 EAD what will be the status of the EAD?
Aarthy,
EAD will remain valid until its expiration date. When you return to US on H-4, you can still avail the unexpired EAD.
Can H4 with EAD continue to work (valid till 2017) in US while the H1(valid till 2017) goes to another country(Mexico) and works there for an year(2016)?
Technically you can. However, H-4 is a family union visa and its purpose is to keep entire family at one place. If the H-1 visa holder is working outside US for a year, then H-4 should accompany the spouse to that country.
I am on H1B with employer A and I am getting transferred to a new team with the same employer. From our immigration attorneys, I hear that this new role would warrant an amendment on my H1B petition. Now my wife currently has her H4 EAD approved and is working. If my H1B petition is now amended, will it affect my wife’s H4 EAD?
No, it shouldn’t impact her H-4 EAD.
Hello,
I have approved I-140 and my H-1b is extended beyond the 6 years as specified under AC21 until September 2018..I am now trying to switch employers and my new employer (who I am yet to join in 3 weeks) has just applied for a H-1B transfer and I will get the H-1B transfer receipt in a couple of days.
The question I have is – Can I apply for my wife’s EAD based on my current employer’s H-1 B extension until Sept. 2018 and will it still be valid even after I switch employers and I will receive a new H-1B and my wife – a new H-4 ?
Thanks a lot,
Sriharsha
H-4 EAD can be applied on the basis of current H-1B petition. However, if you leave employer and current employer revokes the H-1B petition, then it may impact the H-4 EAD processing. I **think** USCIS will issue RFE and at that point, you can submit your new employer’s approved H-1B petition as response to it.
Do you have any timeline from new employer as to when they plan to apply for H-1B?
can i directly mail to USCIS for H4 ead?
Is there need of lawyer?
Should i there in country or process can run in background?
You can file H4 EAD, if you qualify and there is no need for lawyer. You need to be in country and in valid H4 status to apply.
I have a question. If I got my H4 Ead approved, Can j work with a bank?
Navneet kaur,
Yes, you can work for a bank. There are no job restrictions on H-4 EAD as long as it doesn’t violate any labor laws.
Hi
After getting my EAD if I travel India and go for visa stamping what happens to the EAD? Is it still valid or it becomes void?
Arti,
EAD card is not impacted by H-4 visa stamping. It will have its own validity dates and will remain valid until that time (unless H-1B visa holder loses his status earlier).
I had applied for H1b this year and my name was picked in the lottery at the same time my husbands i140 got approved, so I am planning to opt for EAD option for now. My doubt is in future if my husband plans to leave his company for better opportunity and his company cancels his i140 can I go back to utilize my h1b option or do I need to reapply and wait for lottery since I never really worked on h1b.
Nancy, if your H1B was approved and NOT revoked by employer, you are counted towards the cap and do not have to go through the lottery again.
Hi,
I was on H1-B for 3 years in that time,i had got my I-140 approved and then i went back to India. I came back to US on H4 again and then got change of status to H1B with new employer. My I140 still not revoked.
Can my spouse take benefit of H4-B EAD ?
Beena,
I would think so.
Hi All,
Can anyone tell me that on H4 EAD , will that person be eligible to work under any job category like HR, Management, teaching etc? or they will be allowed to work under specific employment categories like technical profiles etc? I am planning to study on H4 first so I would appreciate if anyone can help me decide what course I should opt to pursue my career under H4 EAD. I already have MBA in HR with 3 years of experience in India but I am not sure if that will help me pursue my career here in US on H4 EAD.
Also If I take a degree here from distance learning program will that be equally considerable?
Your suggestions will be highly appreciated!
Thanks in advance!
Hi Everyone,
My case is similar to Aakanksha… Can anybody through some light on the same..
Thanks in advance..
To Aakanksha,
Hi,
First of all,thanks for posting such a query…
In case you get any information regarding the same, please do share it in this forum….Might be helpful for H4 EAD candidates sailing in the same boat a ours.
Thanks in Advance…..
Aakanksha,
There are no job restrictions. You can work in industry – technical or otherwise.
What happens to the EAD (after recieving it) if the primary H1 holder resigns current job and starts a new job. Does the spouse have to get a new EAD since its a new H1? Also if the H1B holder jumps to another company during the H4 EAD in process, is that an issue?
shall we apply EAD during middle of July or do we need to apply immediately after May 27th
Excellent presentation!
Thank you Emily. Keep posting good stuff.
I am currently on H4 , and will be traveling to India in May before USCIS accepts the EAD applications. I will be returning back to US in August. I have the following questions:
Can I sign the necessary papers and give them to my husband to submit on May 26th, or Can I or my husband apply online even I am in India
I am on an extended H4 visa and go for visa stamping in India. In that case, do I need to wait till the H4 EAD is approved and my husband mail the EAD approved documents to me to India, and with that approved documents should I go for stamping? or even though my EAD application is submitted can i just go for H4 stamping?
And one final question, If I get the H4 stamping in India while my EAd is pending, and on my return back to US do I face any immigration problems (if by that my EAD might get approved, so what would be my status)
I am totally confused on this, would really appreciate any help on this..
My wife travelling to India before USCIS accepts EAD application. Can I take her signature on I-765 before she leaves and submit the application on or after May 26? She will be back in June mid.
Hi,
Nice Q&A session on the website. But I have a quick question.
My wife is on F1 visa currently on OPT and she is in USA. Can I file H4+EAD together.
Thanks
Ravi Somala
No H4 first and once you get it approved you can apply for EAD
if you apply in premium processing you can get the H4 approvel within 2 weeks
Hi Team ,
I have a query that my H1 B visa petition was filed by Indian IT Company and got my visa stamped in Feburary 2015 . Now i want to apply for my spouse H-4 dependent visa either by myself or any consulatncy . So in DS-160 what i should write as petitioner name and US contact infomation.Will there be any negative impact of this if H-4 is not filed by the company which filed my petition.
Spouse have approved I140 and I am on valid H4. What if I apply for H4-EAD on May 26 however many need to travel India in June for some urgent commitments….what will happen to my EAD application?
Will still get EAD?
I trust I will be able to travel on my valid H4 stamping. Please suggest.
Vidya,I have the same query as yours,can anyone please throw some light on whether can one travel oversees after applying for the EAD.Thankyou.
Sudha, very very dumb question. Yes, Yes, you can travel anywhere. Only need a valid visa stamping to enter US.
Kiran, how do you decide a question is dumb or not ??
you replied on july 12 after FAQ’s provided by USCIS,,
I think you are the ultimate dumbo living in the US on some expired visa with fake profile/resume…
Let me know if you need a job because i started a company and a janitor position is available for you….
Hi Vidya,
Apply common sense to your question. To travel between US and India, all you need is a valid visa stamping. It has got nothing to do with your EAD. Stop wasting everybody’s time. Giving EAD to people like you is like giving a monkey a necklace.
Kiran, Vidya has a very valid point. While applying for EAD you need to give the i94 card number. And as soon as you leave US, the card expires, and hence traveling outside of US when your application is pending, might effect the outcome. Please get your facts right before calling anyone dumb.
Vidya,
Your question is absolutely sensible.
Since I had same question and when I asked Lawyer she told me I cant’t travel outside usa till my EAD application is in process.
If I travel outside then application will become void..
Great question!!!
I’m on H4 and My Spouse GC Perm was applied in July 2014 but haven’t got any update so far & He is completing 6 years on H1B by end of July 2015. In this case will I be eligible for H4 EAD after he gets his perm approved & I-140 approval pending?
If he is getting H1B extended now means its extending beyond 6yrs and so H4 is eligible for EAD per second column of condition of H4-EAD amendment.
but you should be getting I-140 status in 8months so may be on the way, all the best.
I am currently on H4 and my spouse H1B is not having any GC processing as on date hence no I-140 and EAD as on date.
I have Three questions and an Advice from your end.
1. How long does it take to get I-140 status if my spouse process for GC, (as on now his employer has no plans for GC processing and looking for consultant who can process only GC).
2. I am applying for H1B in 2015. is it mandatory to have all salary paystubs earned in India along with bank statement showing USCIS for this H4 -> H1B Processing as it was 3yrs back i quit my job while in India.
3. Will my H4 still stays as-is after getting H1B this year as my work plans are not yet decided.
Requested to suggest which is good to approach, a new H1B or get I-140 and apply for EAD on H4 ?
Can I start a company on H4 EAD and then hire my spouse (primary H1B holder) via the H1B transfer?
I have the same question… But, I believe the answer is NO, when your spouse transfers her H1, your EAD will be invalidated.. he/she needs to file perm and get I- 140 approved for you to start working. Let me know if you find an answer.