H4 EAD Work Process and How to apply

How to Apply for H4 EAD ? Process, Guide ?

In Immigration| Visas by KumarUpdated : 215 Comments

In general, H4 holders, who are spouses of H1B visa holders, cannot work in US. But that changed with H4 Visa EAD rule that was effective from May 26, 2015. EAD stands for Employment Authorization Document (EAD) and H4 EAD essentially gives H4 holders the ability to work in US, if they qualify for EAD based on certain conditions. We will look at the requirements for H4 EAD, step by step process, new guidelines on biometrics from 2019 in this article.

H4 EAD Requirements – Who can apply for it ?

DHS gives employment authorization (EAD) to work in US for certain H4 Visa holders, whose spouse on H1B have satisfies one of the below two :

  1. Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.
  2. Have H1B visa status extended for the spouse beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.

As of today, you can file for H4 EAD, if you satisfy any of the above two conditions. But, this could change in the future as there is a lawsuit going on to remove H4 EAD along with DHS having a rulemaking in process to remove H4 EAD.  Check H4 EAD Rule Removal – Lawsuit, Court Updates 

Documents Required for filing H4 EAD with USCIS,  Checklist :

You need the below documents and information with you, to file H4 EAD with USCIS.

  • H4 EAD Fee : H4 EAD Application Fee check for $410 payable to “U.S. Department of Homeland Security”.  You can also money order, personal check or cashier’s check to pay for the fee. If you are filing at USCIS Lockbox facility, you can use credit as well using the form G-1450 authorizing the credit card transactions. No short forms like USCIS are allowed on check, you need to put in full name of USCIS as specified.
  • EAD Application form:  Completed form I-765, which is the application for Employment Authorization.
  • (Optional)  e-Notification form : If you want to get electronic notifications for your application, you can use form G-1145. You can use this facility only, if you are filing your application at an USCIS Lockbox Facility.
  • Copies of H4 Visa holder’s Govt. issued Photo Identity : Not all of the below are required, you can submit one or more.
    • Copy of H4 visa holder’s passport ( Front, Back )
    • Copy of H4 Visa Stamp page from passport ( if available)
    • (optional) Copy of Birth Certificate with photo in it.
    • If you are applying for H4 Renewal, your previous EAD Card copy front and back.
    • National identity card from your home country like Voter cards, Aadhar Card ( for Indians)
  • Current H4 Visa Status Proofs
    • Copy of the most recent I-797A approval form, which is the H4 Approval Notice from USCIS. If you do not have copy of H4 approval, because you took direct H4 stamping and entered US, then you submit only the I-94 copy used to enter US, which can be printed online.
    • Copy of I-94 card or electronic copy. Read How to check and Print I-94 Online on DHS Website
  • H4 EAD Eligibility Documents : You need to submit H4 EAD eligibility documents of your spouse such as below.
    • Copy of primary H1B Holder’s I-140  I-797 Approval Notice
    • If your employer has not shared this document, you can use USCIS FOIA to request your I-140 information and attach the same with the H4 EAD application.
    • OR Approved copy of H1B Visa beyond 6 Years under AC21.
  • H4 – H1B Relationship Documents : 
    • You need to submit marriage certificate to prove the relationship with H1B Holder. If it is not in English, you need to get it translated to English by certified translator.
  • H1B Spouse Documents : You can submit below additional H1B spouse’s documents as supporting information
    • Copy of my H1B holders passport
  • Photos : 2 color passport photos ( 2×2 inches passport photos ) taken in the last 30 days. You should write your Name, I-94 number on the back of the photo for identification purposes. If pen does not work, use a pencil.
  • Additional Supporting Documents : 
    • Copy of my ITIN number ( Individual Taxpayer Identification Number) of H4 Holder.

Translation of Submitted Documents for H4 EAD :

If you submit any documents like Birth Certificate or National ID as Government issued photo ID or marriage certificate in a foreign language ( other than English), then you need to submit full English translation along with the translator’s certification that says that the translation is complete and accurate.

How to Apply for H4 EAD with USCIS ? What is the process ?

If you qualify for H4 EAD, you need to follow the below process All the H4 Visa holders, who qualify for this need to do is :

Step 1 : Complete form I-765  – Application for Employment Authorization :

You should download the latest form I-765 from USCIS website, along with its instructions, complete the form. Below are some common application completion tips by section of the application:

  • Part 1. Reason for Applying :
    •  : Question 1: If you are applying for new application for EAD, you would select 1.a., if you are applying for renewal of H4 EAD, you would select the corresponding box 1.c. Check below screenshots. If you have lost the EAD card, then you select 1.b.
    • H4 EAD New Application i-765 - Question 1 - Reason for ApplyingH4 EAD Renewal Application i-765 - Question 1 - Reason for Applying
  • Part 2 : Information about you
    • Question 2  : If you have other names like different name before marriage or you had different spellings or anything, you should mention it here.
    • Question 8 : Usually most of the H4 EAD applicants do not have an Alien Registration number, just leave it blank.
    • Question 9  – USCIS Online Account Number for H4 EAD : If you were to file any petition electronically with USCIS in the past using their USCIS online filing system or USCIS ELIS, you would enter that number. You can find it on top of your profile page once you login to USCIS system. In general, for most of the H4 EAD applicants, they would NOT have an USCIS online account number, so just leave it blank.
    • Question 13. a : Usually you would have Social Security Number (SSN), if you were to work in US. If you have had SSN as a student in the past, or on H1B before H4 or for some other reason, you should select Yes here and enter the number in 13.b. In general for most of the H4 applicants, this would be No.
    • Question 14 : If you never had SSN and want to get one, you should select Yes here. For most of the H4 holders, this would be Yes. It is highly recommended to apply for SSN along with your H4 EAD application because, it will help you start work right away after you get your EAD. You need SSN for taxes and other purposes from employer side.
    • Question 15 : If you selected Yes for 14, then you select Yes here for USCIS to share data with SSA Office. It is important to do this.
    • Question 16, 17 : You need to fill in H4 holder’s Father and Mother’s names here, if you have checked Yes in Question 14. SSA needs your .
  • Part 2 : Information about your Last Arrival in US
    • Question 21 a  : You need to enter your I-94 number here, you can get I-94 Online on DHS website.  If you have had H4 status extended within US, then you would have it attached to your H4 approval copy of I797.
    • Question 24 : This is the Visa status that you used, when you arrived in US, specifically  that was tied to your most recent arrival into US. It varies by individual as some arrive on H4, some arrive on F1, some on H1B, etc. So, you need to make sure you enter your status accordingly. This may have changed for some after arrival. e.g : F-1 student, H-4 dependent, H-1B, etc.
    • Question 25 : This is your current visa status in US, again, for most, if may be H4, but for some they may be applying for H4 COS and also  EAD together, in that case you need to enter your current visa status.  e.g : H-4 dependent, F-1 student, etc.
  •  Part 2 : Information about your Eligibility Category
    • Question 27 : You need to enter the category of eligibility for H-4 holders based on the I-765 instructions. It is (C)(26) for H4 Holders, see below on how to fill. You leave the last parenthesis empty as it is for the sub section field.C26 filling out for question 27 answer on H4 EADHere is the reference from I-765 Instructions that says it should be (c)(26)H4 EAD Renewal Application i-765 - Question 27 - Eligibility Criteria C26
    • Question 29 – (c)(26) Eligibility Category – H1B Holder Receipt Number : You will need to enter your spouse’s (H1B holder’s) receipt number from form I-797. It looks like  EACXXXX, WACXXX.  It has to be your H1B spouse’s most recent I-797 receipt number. If you are filing H1B Extension and H4 EAD together, it will be the most recent or current approved H1B receipt number.
      • It is NOT the I-140 approval receipt number, so do not be confused.
      • Do NOT enter H4 holder’s receipt number as well.
  • Part 3 : Applicant’s Statement
    • Question 1.a. : You need to check 1.a here indicating you understand English.
    • Question 7.a : What color Pen to use to Sign USCIS H4 EAD Form ?
      • You need to sign in the box at 7.a and enter date in 7.b question. You need to use Black Ink color pen to sign the form as suggested by USCIS in their form filling tips .

Step 2 :  Package your H4 EAD Application with Supporting Documents

Once you have completed filling out the I-765 application form, you need to gather all the documents, as listed in our above documents checklist, and put them together in a package in certain order as suggested by USCIS ( first one to be on the top). Submit only copies, do NOT send originals.

  • Check or money order ( on the top)
  • Form G-1145 for e-notification ( under the check/ money order)
  • Form G-28, if attorney is filing (under the e-notification form)
  • Form I-765 application form completed and signed ( under the G-28 form or G-1145, if you are filing it yourself )
  • Supporting Documentation from the checklist ( under the completed  I-765 application form)

Do NOT use any heavy staples to put them together. USCIS recommends that you use paper clips or binder clips.  You can check USCIS form filling tips for complete guidance on how to create your application package and guidance on the same.

Step 3 : Send / Mail H4 EAD Application to correct USCIS Address :

Once you have created the application package, you need to mail or post it to the correct USCIS location. The address to send  based on your Spouse’s H1B receipt number as listed below. You should check USCIS address for I-765 and look under (c)(26) to see verify, if below details have changed to be sure.

 H1B Spouse’s Receipt Number

 Address to Mail or send Post for H4 EAD

If the H1B Spouse’s  most recent Form I-797, Notice of Approval begins with EAC or LIN USCIS Dallas Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 660921
Dallas, TX 75266For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
If the H1B Spouse’s  most recent Form I-797, Notice of Approval begins with WAC USCIS Phoenix Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 20400
Phoenix, AZ 85036For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Step 4 : Get Receipt of H4 EAD, USCIS Processing, Received EAD Card

Once you send your package to USCIS, you will get a receipt notice for the same and then they will process your EAD application. The application processing times can vary by the location it was filed. Once USCIS completes processing and approves EAD,  they will send H4 EAD Card. The card will have C26 Category listed on the card. Below is sample H4 EAD Card. H4 EAD Card Sample Document

Common FAQs on H4 EAD 

H4 EAD application and New Biometrics Requirements for Form I-539 ?

The New Biometric requirement is for H4 visa holders applying for H4 Extensions using I-539 form. The biometric requirement is not for the EAD application. If you plan to apply for EAD alone based on eligibility, you do not need to do any biometrics. But, if you are filing for H1B Extension, along with that if you are filing your H4 Extension using I-539 form and also, you are concurrently filing your H4 EAD application in the same package, then you will need to do the biometrics as per new process. Again, this Biometrics process is for H4 Extension and does not have anything to do with EAD application filed by H4. Check New I-539 Form Biometrics Requirements for H4 Holders

What is the Fee for EAD Application for H4 Visa holders? Whom to Pay to ?

H4 EAD filing fee is $410 USD. You need to include the required fee of $410 USD along with your I-765 Form and supporting documentation. ( Update : Fee used to be $380 USD and the fee has been increased from 380 to 410 effective December 23, 2016. Check : https://www.uscis.gov/forms/our-fees )

  • You can submit a check or money order that is drawn on a bank that is located in USA and payable in USD.
  • The check or money order should be payable to “U.S. Department of Homeland Security”. DO NOT use short forms like DHS or USDHS.

Can I apply for H4 EAD, back from my home country ?

No, you need to be in US and on H4 visa status to apply for EAD application.

Travel outside of US with H4 EAD pending ?

Yes, you can technically travel outside of US to any country, after filing your H4 EAD application, but USCIS recommends not to travel to handle the RFE, Receipt notices, any requests to visit application centers, etc. They say that the process could get delayed, if you get an RFE, or they need something from you. It will just delay and you will have to come back for the same. If there is no RFE or anything, you should be fine to get the H4 EAD card to your address in mail.

Travel outside of US with H4 EAD along with H4 Change of Status (COS) Pending ?

Well, this is a tricky situation and not usually recommended to travel outside of US.  The reason is USCIS will abandon your H4 Change of Status (COS) application as your I-94 details change, subsequently USCIS may also deny  H4 EAD. The recommended approach, if you have to travel is to get your H4 COS done first, then apply for H4 EAD and maybe travel after that as it is less risky and more logistics issues to deal with.

 When can you start working on EAD for H4 visa holders?

The H4 Visa holder can start working only after their I-765 form is approved by USCIS and they receive the EAD Card. You can check out many of the common  H4 Visa EAD FAQs – F1 to H4 COS, H1B to H4 COS, I-140 Revoked

How soon can you apply for H4 EAD Renewal ?

You can apply only 180 days before the expiry of your current EAD document. You cannot apply anytime before 180 days for H4 EAD.

Can my H4 EAD be filed with future effective date ?

Yes, you can apply for renewal anytime during the 180 days before your expiry of H4 EAD with a future date example, if let’s say your expiry is in July, you can apply in February for the same to have effective date for renewal in July. Your Validity of the H4 EAD will be tied to the H4 validity and H1B of your Spouse/

Official USCIS Steps and Process Published from the past

USCIS published some of their guidance on how to apply, including the most commonly asked FAQs, when they originally published the rule to be effective. Check out the key highlights and important points of the publication from USCIS at Summary of Guide to Apply EAD for H4 Holders, FAQs by USCIS 

If you are filing H4 EAD, we’ve built a tracker for your case to help you and everyone get overall insights from others. It is fully anonymous and has analytics. Please add your case to  H4 Visa EAD Tracker 

What was your experience filing H4 EAD ? Any  questions ?  Share your thoughts, experiences.

Reference :

   

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Comments ( 215 )

  1. Vamsi

    Hi Redbus Team,
    I am on H1b and planning to apply H4 EAD for my wife[ My I 140 is approved] & my I 140 shows that i have eligibility to work until Dec 8th 2018.
    Do i need to apply Form I 539 along with Form I-765 for H4 EAD authorization ?

    Or Just Form I-765 is enough? If i apply Form I 539 does she get extension for more time beyond December 2018 ?

    Please clarify.

  2. Caribbeanqueen

    Good. Evening
    My case is 208 days old. I called USIC but there seem to be nothing they can do.
    What do you suggest?

    1. administrator
      Kumar

      Well, if they say so, you need to wait. I am assuming, it is your H4 EAD petition. Alternatively, you can try to visit a field office of USCIS to seek more advice, worth a shot.

  3. Abhi

    Hello All, Firstly, this page has been very helpful. Thanks much for that.
    I have a question about my wife’s application. She moved from H1 to H4 (H4 approved last week) and I had a question about question (11) Have you ever before applied for employment authorization from USCIS? This is her first EAD but she has worked on H1 B visa before. Should I say Yes or No for this question?

  4. Priya

    Hi,
    I am in the process of applying for H4 EAD.
    As per the list of documents required for H4 EAD filing in I765 filing instructions can someone clarify what the following documents would be:
    A copy of the biometric page of your passport;
    A birth certificate with photo ID;
    A visa issued by a foreign consulate; or
    A national identity document with photo.

    Do we need to submit all the documents mentioned above or any one doument will be fine. Also I want to know whether 10th and 12th standards marksheets issued in India can be considered as a valid birth certificate with photo ID?

    1. Niveditha

      Hi Malini,

      Is your husband got his green card or just H1B visa approved? Only with a greeen card, their spouses can apply for a H4 EAD?

      1. administrator
        Saurabh

        Niveditha,
        Spouses can apply for H-4 EAD if:
        1. H-1B spouse has I-140 approved, or
        2. H-1B spouse is making use of 7th year of H-1B (possible when one has completed 6 years on H-1B and has pending PERM or I-140 application).

  5. rajani

    Hi,

    We are currently in India. My husband H1 B is approved and as soon we get Visa stamped will move to US (may be by this year end). I am working from home in india. When can I apply for EAD , so that I can continue working from home in indian company from US.

    thanks

    1. Sach

      Your husband needs to apply for green card and when the I-140(the process takes roughly 8-24 months) is approved then only you can apply for H4 EAD, before that there is no legal way to work in US.

  6. Tarun

    I need to know can we file the H4 EAD with future dated H4 Approval Notice . This means as of now i am on L1 B Visa till End of August & i had filed effective date of H4 Approval Notice is 1 September in H4 Application. So in this case as i am planning to file the Premium processing with my spouse H1 B Visa Extension , i will getting my H4 Approval by first or second week of August .

    My question is that can i file my H4 EAD in August even though my H4 Approval Notice effective from 1 September.

  7. Ram

    I see that one of the required document to submit for H4 EID is a Government Issued document with Photo. Unfortunately, my wife does not have a Adhar Card or DL from India. Would her passport copy be sufficient for this?

    Please advise.

    1. Abc

      I believe any document that has a birth date stated that matches your passport should be sufficient. Ex. Nationality certificate, birth certificate, School leaving certificate etc.

  8. Soumya

    I got a confirmation letter from USCIS that my documents has been received by them but there’s no tracking number on that letter to check the status of my EAD Application. Has anyone received any letter from USCIS??

  9. Swetha

    Hi,

    I’ve filed for H4 EAD application on June 28th 2015 but haven’t received any acknowledgement yet.

    My husband’s H1 starts with EAC and so will have to send to the Dallas Lockbox facility. Since I sent through UPS (2nd day delivery) which comes under Express/Courier mail: I sent it to
    USCIS Attn: H4
    2501 S. State Hwy. 121
    Business Suite 400
    Lewisville, TX 75067

    The UPS shows it’s received and signed by someone. But it also states that it was placed at the Dock. I’m apprehensive if USCIS has really received my application or not.

    Please advise what can be done.

    1. Wal

      Did you fill the G-1145 acceptance form? It basically lets u know through sms and email that your form has been received and gone to California (in case of mine) for processing. This took about a week and half to get back to me. They also sent a notice of receipt by post. Plus you would know I they withdrew the money from your account. Wait a few more days and then call the customer support I guess.

    2. Abc

      You must have received a text message and /or email with the case # on the cellphone number if you had filled up g-1145 form along with the 765. If not wait for 30 days from the date it was delivered on, if you still do not get the receipt call CS at 800 375 5283. Hope this helps.

    3. administrator
      Kumar

      Dont worry too much. If it was received and signed by someone, thats good enough. I can imagine your concern, it will all be fine, just give it some time.

  10. Sanathan

    Hi Kumar,

    Can you please help me with one of the field that is in EAD Application.

    I am concurrently filing Change of Status and EAD for my wife who is in H1 Status.
    While filing the i-765 EAD Application, i came across a field “Current Immigration Status”

    While posting my application to USCIS my Wife’s is in a H1 Status, but this EAD is only applicable for H4’s.
    As we ate concurrently filing, i am confused if i have to put h1 or h4.

    can you kindly help.

    Thanks,
    Sanathan

  11. shalini

    HI,

    I have submitted my application just two days ago. But I have missed attaching one of my document. Is there any way I can resend that document once I receive my reciept using that reciept number as my case number?

  12. Jay

    I had the same question as Ramesh. My wife is currently in India. Can I apply on her behalf. There is a place on I-765 that suggests it can be done, but I wanted to be sure. I’d really appreciate if anyone knew the answer to this.

    Thanks
    Jay

    1. administrator
      Kumar

      Jay, You cannot apply for her, when she is in India. She has to be in H-4 status and in USA, I-94 is the key that tell her current valid status. USCIS clarified in their FAQs as well.

  13. Ramesh

    Should the personnel for whom we are applying EAD be present in United states or can we fill and submit I-765 form if they are in India as well ?

    1. xplosion79

      uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

      Do I need to be in the United States to apply for employment authorization based on my H-4 status?

      Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

  14. h4apply

    I heard people said the processing time should be at least 6 months due to high volume applications, is that correct? Does USCIS announce that?

  15. Vinod

    Hi,

    I am in the process of applying my wife’s H4 EAD but simultaneously I have been asked by my Company to apply for my H1-B amendment as per the new rule passed by USCIS on April 9 due to my job location change recently.

    Is it advisable to apply both my H1B amendment and my wife’s H4 EAD simultaneously or should I wait till my amendment gets approved or are they even related.

    Regards,
    Vinod

    1. administrator
      Kumar

      Priya, it can take at least couple of weeks or more since you mailed your application to get the receipt number. Due to high volume of applications, it may take longer now..

  16. Prashant Shah

    Any recent photo’s required for H4 to EAD with form I-765?
    where to send form and all supporting documents? Any address for filed service office. My is Texas office as per my last all renewal.

    1. administrator
      Kumar

      Yes, you need to send two copies of color photos passport photo style with white background two by two inches along with application.
      If you are filing only H4 EAD as standalone, the filing addresses are here : http://www.uscis.gov/i-765-addresses

  17. Prashant Shah

    I don’t under stand Question : 16 to 18.
    16: Eligibility category . Go to the, who may file form I-765 and those for Example (a)(8) etc and than ( ) ( ) ( ), what should I write or who filed what you guys mentioned?

    17: (c)(3)(C)Eligibility category? what is the answer?

    18: (c)(26) Eligibility category ? again what is the Answer?

    and this application should be for Permission to accept employments correct?

    please answer 16, 17, 18 if possible.
    Prashant Shah

    1. administrator
      Kumar

      Prashant,
      For 16, it will be category (c)(26) . It is given in the instructions. You can leave the first () blank.
      For 17 – leave it blank, as it is not applicable to you.
      For 18, you need to enter the receipt number of the H4 Spouse’s H1B I-797 approval form, it should be the latest approval notice receipt number.

      All this information is in I-765 instructions, just review them.

    1. administrator
      Kumar

      It is described above and should be “U.S. Department of Homeland Security” . No short forms, you should use the full name.

  18. rohit

    How about question 18 , which receipt number should i write? i have two receipt one is H1B approval and other is i-140 Approval .

  19. rej

    Hi,
    How can I check the status of my h4 ead application? I can see we need to enter the receipt number to check status. what receipt number we need to use?

    1. administrator
      Kumar

      Rej,
      After you file your application, you will get a receipt number from USCIS to track the status of your application. That can be used to check the status online on USCIS website.

  20. Ashu

    Hi..there is a question in ead form that do u have earlier employment authorization from uscis??
    Actually i hve previously h1 visa bt no job so then we make a conversion to h4..so my current status is h4..so what should i do of that question should i say yes/no to that question???

    1. xplosion79

      I think h1 is mot emp auth (EAD).

      Im my case, my wife was on L2 and she had EAD which i mentioned in this section. But plz consult attorney for assured answer.

    2. bree

      Did you get the answer to your question. i am also in same boat. previously worked on OPT then got my H1b approved but i never worked on H1b i was on personal leave and then switched back to H4.

    3. Kumar

      Hi..did you get answer to the question 11 : My Wife was on H1 status for some time and moved back to H4 status.
      Please let me know

  21. Krishma

    Is there any end time for filing the h4-ead? I am planning to go to India and apply when I return in the second week of june.

    1. Anil

      No, there is no end time. You can apply anytime you wish.
      At this time, there is a rush simply because this is the first time they have opened up the H4-EAD gates.

  22. Reena

    Please do let us know the postal address to where the form and required documents need to be posted for your H4 EAD approval.

    Thanks

    1. val

      all that will be updated on the Uscis website. you will have to look at the instructions. All the information will be there post MAy 26th.

  23. Reena

    Good Morning,

    Has the new I 765 been published?
    For the old one I not able to answer question 16? No details about H-1 spouse EAD has been updated.

    Thanks in advance.

  24. rimpys

    Hi, thanks for clarifying our doubts. My husbandis waiting for hq extenstion which was filed on april 13 and his h1 is expir o ng on may 22. Can i file h4 ead. As i understand that there is very less chance to get his h1 approal by 26th may but wit EAC# it is showing that his h1 extension is in process. Thaks again

  25. PRIYANKA

    hi

    In the form I-765 there is one question

    13. Place of Last entry into the US

    Now, as of some of us might know that those who have transit in Abu Dhabi airport get their immigration process completed there itself. My arrival record on DHS site also shows that my “Port of Entry/Exit” as “MAA – ABU DHABI INTL”. However, in US I arrived at Washington International airport.

    I am confused as to what should I write the answer for this question.

    please guide

          1. Godiswithus

            Port is nothing but a place where you enter to land or depart from the land. Like how Harbor port is for Ship. So here, to the US land which port did you enter through? So obviously the airport you landed in US not the connecting flight airport. Hope this helps.

  26. Ankur Gupta

    Hello,

    Could you please answer the below questions regarding the new rule about spouses of approved I-140 holder getting EAD to work in US. My employer has filed for my PERM under EB2 category and I am hoping to get I-140 approved by October 2015.

    a) Say I get my I-140 approved through Company A but I do not complete 180 days stay post I-140 approval with company A (say switch to a new employer), will my spouse be still eligible to get an EAD/continue to work on EAD if company A does not revoke my I-140 after I leave?

    b) Say I get my I-140 approved through Company A and switch to Company B after do completing 180 days stay with Company A post I-140 approval; will there be any impact on my spouses’ ability to get an EAD/ continue to work on EAD in case company A revokes my I-140? I think after 180 days of I-140 approval, new employer does not need to do PERM or file I-140 again, so the I-140 through company A should be good to support EAD – correct?

    c) How long is it expected to take for the EAD application to get approved? Internet says 3 months but just checking if you have better information.

    d) Can my spouse switch jobs on EAD?

    e) Say she is on EAD working for an employer, can her employer apply for her H1B? Is there any constraint on applying to H1B if she is on EAD?

    Regards,

    Ankur

  27. Shruti

    Hi,
    I am on H4 visa with an approved I-140. However, I am not sure which category do I fit in for applying for my EAD. I need to mention this category on Form I-765. Can you please confirm the category for me?
    Thanks.

    1. Vijay

      Hi Shruti,

      Check out the updated I-765 instruction set here, http://reginfo.gov/public/do/PRAViewIC?ref_nbr=201502-1615-004&icID=20321

      I believe it is (c) (26)

        1. Vijay

          Here is the latest update,

          uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

          It looks like the links on this page have not been updated yet, but at least they are in process of publishing the whole process.

      1. ABC

        you could go through the entire Instruction PDF in the time you spent on typing the question here. Jeezzz people are so freaking lazy…

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