H4 Visa EAD information

[JoyceD]

Conflicting info re H4 and EAD

Hello, I'm hoping for a bit of clarity and information. My background is as follows

My husband is in the US on an H1B nonimmigrant skilled workers visa. I am therefore on an H4 spousal visa. We have just moved to the US and will only be applying for permanent residency in a few years. I am a bit confused regarding the recent information on EAD and spouses.

AM I or AM I NOT allowed to work as an H4 spouse in the US? Do we have to have applied for permanent residency before I am allowed to work?

TIA!

For your clarity, You do not necessarily need to apply for permanent residency before applying for H4 EAD. The EAD is separate from the permanent residency process. H4 spouses are eligible to apply for Employment Authorization Documents (EAD) under certain conditions:

1. Certain H4 dependent spouses of H-1B nonimmigrants are eligible to apply for EAD. This allows them to work legally in the U.S.
2. To request employment authorization, you need to file Form I-765, Application for Employment Authorization.
3. Your husband must be in H-1B status, and certain conditions should be met for H4 EAD eligibility.

I'd suggest to consult an immigration attorney for eg. DYgreencard, etc., to have a better perspective and correct knowledge. I hope I could help you in any way.

Regards

[Bianchi22]

Hi,
i am on H4. My husband will complete his 6 years on H1B in September 2015. He got his PERM approved in March 2015 and his employer is yet to apply for his I140. I am a bit confused about the 7th year H1 B extension eligibility criteria to apply for H4 EAD as per the new H4 EAD rule by USCIS.

Kindly let me know under what category am I eligible to apply for EAD and when.

[Bianchi22]

Here are my questions:

1. In I-539 Part 4, is the foreign home address the address on my Indian passport?

2. In I-765, question 15, should the current immigration status be "F1" or "H4"? I know I am currently in F1, but I can only apply for this EAD on H4, so it is very confusing. 3.

3. in I-765, question 14, should the status of the last entry be "H4" because I entered on H4 and then changed to F1 (I haven't left the country since I changed to F1)?

4. If I apply for both forms, how do I provide a copy of the I-797 or a copy of the I-765 Notice of Receipt document proving my H4 status? Or can USCIS determine that I have automatically applied for an I-539? I am totally confused about this!

Any help on this matter is greatly appreciated!

[jetoonsheth]

Hello,

In Dec'22, we submitted change of status from H1B to H4/EAD. In March'23 we got notice from USCIS that EAD is rejected since H4 visa is approved. This was clearly a clerical error . So we requested to withdraw Dec'22 H4 visa and filed everything fresh application of H4/EAD in May'23 . Now in June'23 Dec'22 ( old application) H4 visa got approved so that tells me withdrawal request of old application is not reviewed or executed. Now we have filed for Ombudsman hoping above clerical issue can be resolved.

Below is timeline same information mentioned above
Dec'22 : H4 and EAD application filed
March'23 : EAD denied due H4 visa not reviewed ( clerical Error )
April'23 : Withdrawal of Dec'22 application sent to USCIS
May'23 : new H4/EAD application filed
June'23 : H4 from Dec'22 application approved
July'23 : Filed for Ombudsman

Question
1) Is the Ombudsman right way to approach or is there a different way to resolve this ?
2) What is experience with Ombudsman timeline to resolve the issue ?
3) Is there anything other path to resolve this ?

Note : My spouse H1B visa for 6 years is already completed and here employers don't want to file for Green Card hence H4 Visa followed by EAD .

[Keenlee_56]

H4 EAD I-765 Question #11

Hello,

I have worked in US earlier for 10 years on H1B visa before change of my status from H1B to H4. Currently I am in H4 status since 4 years,so should I say yes to the question #11 and mention the dates of my previous H1B visas or should I mention No to this question. Please let me know

Regards,
Baazi

Welcome to the forum Baazi! First of all, congratulations on your H4 status. When it comes to the question #11, I would suggest to be honest and list the dates of your previous H1B visas. After all, honesty is always the best policy. It's great that you're doing your research before responding to the question. Good luck with your endeavors!

[magar36]

Hello

My H4 EAD (C26 code) and H4 status is expiring on 09/30/2022. My spouse filed for H1B, H4 and EAD renewal simultaneously in August' 2022 and received a receipt number from USCIS stating CASE IS ACTIVELY REVIEWED BY USCIS. My question is, am i eligible for automatic H4 EAD extension as per new DHS rule? Please suggest.

Also my I-94 will expire on 09/30/2022 what will be the procedure to continue my employment.

Thank you
Mrkavi

I have the same query in 2023! Could you please let me know what happened to your case? Were you able to continue working based on receipt, form i765 and expired i94?

[vsva_080]

H4 EAD: Help with evaluating if the Writ of Mandamus is the way to go.

Hello everyone,

I have applied for I-765 (EAD) for employment authorization. Currently, I'm on an H4 visa which was issued last year. This is a standalone application in the sense that I have only applied for EAD.

My application processing center is in California, and the last update I got from them was about the receipt notice last week for April. So it's been more than four months since I have gotten any updates from the USCIS.

I was trying to see if I can get a response from USCIS. I do not qualify for expedited requests as my reason is more of "I'm freaking frustrated". I do have a pending job contract.

After talking to a lawyer, he said it's possible and would cost around $4500(!!).

My application is still processing for 4 months, which is still under the processing time suggested by USCIS, which is 9 months.

I'm trying to see if it's worth going down this route as it's a lot of $$$, and if there is a really low chance of this resulting in anything I'd like to know beforehand.

Does anyone have experience with successfully filing a Mandamus? Any help appreciated.

[mrkavi]

Hello

My H4 EAD (C26 code) and H4 status is expiring on 09/30/2022. My spouse filed for H1B, H4 and EAD renewal simultaneously in August' 2022 and received a receipt number from USCIS stating CASE IS ACTIVELY REVIEWED BY USCIS. My question is, am i eligible for automatic H4 EAD extension as per new DHS rule? Please suggest.

Also my I-94 will expire on 09/30/2022 what will be the procedure to continue my employment.

Thank you
Mrkavi

[swaraj4all]

Hi,

I was in US on H1B for 7 years before converting to H4 EAD.
I am currently in status and working full time.
Do I have to go to India to get my H4 EAD VISA stamped, or I can go to Canada and get my new VISA stamped?

Please advise.


Thanks
Swaraj

[mcv4]

Hi,

My H4 visa expires in 3months and I've received EAD this week with expiry date same as H4. My Spouse's H1 Visa extension receipt is not yet dispatched though we initiated it 2months ago. Will I still be eligible to apply for auto extension (i.e., 180 days as per EAD rules) or I need to wait until H4 extension is approved and then apply for H4 EAD Renewal.

If any of the members have info regarding the above query please do reply.

Thanks in advance!

[spiceagent11]

I have worked in US earlier for 10 years on H1B visa before change of my status from H1B to H4. Currently I am in H4 status since 4 years,so should I say yes to the question #11 and mention the dates of my previous H1B visas or should I mention No to this question. Please let me know

[smoharir]

H4 EAD Job

Just thought to share my story, since I see many of you are in same boat as I was. Just like you I was waiting for EAD, but was also aware of the fact that what I will be doing once I have it. So I joined one of the IT consultancy firm in SF bay area. I know that there are many firms in bay area, but to find the right one is difficult. The one I joined trained me very well in the field I wanted to go in. They made all the efforts to market me with their big clients.

So meanwhile my EAD was in process, I went for training and applied for interviews. And the best part is I got an offer in my 3rd interview itself. I was not confident at all but I realized that the training they provided was one of the reason I cracked the interview. So guys just an advice to you all, keep preparing for your interviews while EAD in the process and it never hurts to get trained and then go for the interviews.



Best Luck!
Kunal

Hi Kunal, Nice to read this post.

Thanks
SM

[bassundar]

I applied only H4 EAD renewal (Not H4 Exension, H4 valid till August 14,2021) for my spouse on Sep 22,2020 and it is still Inprogress.

Now I am going to apply H1 Ext + H4 Ext + H4 EAD on normal processing On Feb 15,2021.

I want to know, whether I need to withdraw my spouse previous H4 EAD application before I apply this H4 EAD? If not withdraw my previous H4 EAD then two H4 EAD application will be in process at the same time...right?

[myid0810]

hello- my H4 EAD was valid till 12/23/20..applied for renewal back in oct but havent heard anything since..meanwhile wife received her H1 renewal first wk of Jan. Also my DL in illinois expired with the visa on 12/23 but thankfully Illinois has ruled to auto extend all such cases till June due to Covid.

Doesnt the fact that my wife got her renwal mean that my H4 is also now valid for next 3yrs automatically?
Also, any ideas on the time lines for getting some update on my EAD?

On the license - can i go for renewal and show my wife's H1 approval letter as proof of valid proof?

[myid0810]

Hi,

My EAD is expiring today (12-31-2020). I have applied for renewal on Jul 15, 2020 and still did not hear anything yet. Should i take an unpaid leave or paid leave. Please assist.

Thanks,
Sahiti

hello- same boat- expired on 12/23..applied in Aug..have you heard anything since?