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  • Employment Authorization Document for a H4 visa

    Hi,
    I am currently in the US on a H1 visa.
    My wife will be joining me soon on a H4 visa.
    I understand that she can not work in the US when she is on a H4 visa.Recently,I heard about 'Employment Authorization Document' which allows an individual to work in the US.I also understand that I 485 should be filled if trying to apply for Employment Authorization Document on a H4 visa.

    Can anyone please throw more light on this?
    How can one get Employment Authorization Document when coming on a h4 visa?

    Thanks for all your help in advance!

  • #2
    Not on H4, only with I-485

    Take care.

    Comment


    • #3
      If you have applied your green card (final stage I 485) then you will be issued EAD.

      Did you apply your Labor Certification ? Is it approved.?
      -------------------------------------------------------------------

      Originally posted by pavann
      Hi,
      I am currently in the US on a H1 visa.
      My wife will be joining me soon on a H4 visa.
      I understand that she can not work in the US when she is on a H4 visa.Recently,I heard about 'Employment Authorization Document' which allows an individual to work in the US.I also understand that I 485 should be filled if trying to apply for Employment Authorization Document on a H4 visa.

      Can anyone please throw more light on this?
      How can one get Employment Authorization Document when coming on a h4 visa?

      Thanks for all your help in advance!

      Comment


      • #4
        I'm an H4, so may be I can enlighten you. H4 are not allowed to work. Only if H4 file for H1 or L1 then he/she can work. Otherwise, only after the visa number open (based on your priority date/labor filed priority date), H4 can applied I-485 (adjustment of status) together with EAD and Advance Parole. We can find the visa number date by checking the visa bulletin that is issued by travel state department. As an H4, I could go to school (and pay resident tuition fee).
        So, if your case still at the beginning of the labor certification (not certified yet), your dependent still looking at a long period to be able to file for EAD (doesn't mean that I want to scare you, but this was happening to me). Luckily, we are from ROW (Rest of the World Countries) and luckily the July Visa Bulletin Fiasco happened, so I could file EAD faster than usual wait time. You can post more question, I will answer per my knowledge (I know how difficult it is to be an H4).

        Comment


        • #5
          Originally posted by luckyme
          I'm an H4, so may be I can enlighten you. H4 are not allowed to work. Only if H4 file for H1 or L1 then he/she can work. Otherwise, only after the visa number open (based on your priority date/labor filed priority date), H4 can applied I-485 (adjustment of status) together with EAD and Advance Parole. We can find the visa number date by checking the visa bulletin that is issued by travel state department. As an H4, I could go to school (and pay resident tuition fee).
          So, if your case still at the beginning of the labor certification (not certified yet), your dependent still looking at a long period to be able to file for EAD (doesn't mean that I want to scare you, but this was happening to me). Luckily, we are from ROW (Rest of the World Countries) and luckily the July Visa Bulletin Fiasco happened, so I could file EAD faster than usual wait time. You can post more question, I will answer per my knowledge (I know how difficult it is to be an H4).
          Hey... i would like to know more in detail about what u mentioned above.
          1)can an H4 apply for L1 visa staying in u.s. is it easy to get L1 compared to H1..??
          2)You said "H4 can apply I-485 (adjustment of status) together with EAD and Advance Parole" but isnt it that H4 is a dependent to H1 so its the H1 who has to do the green card process so that the spouse can get EAD to work..
          3)You said on H4 one can study n "pay resident tution fee". Actually i have heard compared to residents the fees is more for others & u cant apply for scholarships & benefits for minimizing the cost of study...??
          I hope u can help me with this coz i m just in the similar situation...Thanks in advance !!!

          Comment


          • #6
            Confusion & more confusion

            1)can an H4 apply for L1 visa staying in u.s. is it easy to get L1 compared to H1..??

            --> L1 is a company transfer. H4 visa holder lives in the US as a dependant of H1B, how then would H4 be able to apply for L1.
            Details at: https://www.immihelp.com/usa-visas/l1/

            2)You said "H4 can apply I-485 (adjustment of status) together with EAD and Advance Parole" but isnt it that H4 is a dependent to H1 so its the H1 who has to do the green card process so that the spouse can get EAD to work..

            --> Anyone can file for employment based green card / permanent residency. I-485 is the last stage of this process filing for change of status based on the labor clearance and I-140 approval.
            Employment based GC is not attached to H1B visa holders. Any employer can file for anybody. The requirements and qualifications have to match appropriately while showing that equivalent skilled labor is not available locally.

            3)You said on H4 one can study n "pay resident tution fee". Actually i have heard compared to residents the fees is more for others & u cant apply for scholarships & benefits for minimizing the cost of study...??


            --> Try to search for posts from other members, for example one from ARVINDKAPPULA at http://www.immihelp.com/forum/showthread.php?t=35089
            This person clearly mentions, to meet with the HOD of the specific department, do some homework and you'll be able to get your things done easily and much cheaper. It would be a very bad idea to go by "I've heard ...."

            Comment


            • #7
              Knowledgeable is trully knowledgeable.
              I only need to add about the resident tuition fee. Yes, by paying resident tuition fee, H4 won't receive any OPT time as those of F1 holders. Regarding the scholarship, I have tried to search (I want one too). Per my finding, it is OK for H4 to receive scholarship (we are consider resident). Only scholarships that available for permanent resident or citizen, we won't be able to apply for it.
              One more disadvantage of H4, we can't work at school (not like F1 holder). I can do it now because I have EAD card.

              Comment


              • #8
                Excellent - something about scholarships

                Thanks for the kind words.

                There are many communities from immigrants' home countries who have their own scholarship & other low interest loan programs.

                Try to tap into those programs. Your people/community networking skills will do wonders for you.

                Good luck to everybody.
                Last edited by knowledgeable; 12-05-2007, 09:09 PM.

                Comment


                • #9
                  Thanks Knowledgeable & lucky me !!!

                  I had known already that H4 cant try for L1 ... But the thread written by lucky me made me think that how come it can be..
                  Had another question for knowleadgeable in particular..[answers r welcome from others] when H4 cant work on this status how can he/she apply for "Employment based GC"..??? Sorry if this question sounds stupid... but still i would like to know...
                  Anyways other info were really worthwhile... thanks to u both for laying down the details...
                  Last edited by monavi; 12-06-2007, 04:21 PM.

                  Comment


                  • #10
                    Can't

                    Your question is very valid.
                    Nope, H4 visa holder cannot apply for EAD. That was originally the wrong question.

                    Sometimes people hear about EAD and wonder how to get it rather than going through the system to find out that this is only for specific purpose while the change of status through I485 is in the works.

                    Best regards.

                    Comment


                    • #11
                      I thought so !!!

                      Thanks..

                      Originally posted by knowledgeable
                      Your question is very valid.
                      Nope, H4 visa holder cannot apply for EAD. That was originally the wrong question.

                      Sometimes people hear about EAD and wonder how to get it rather than going through the system to find out that this is only for specific purpose while the change of status through I485 is in the works.

                      Best regards.

                      Comment


                      • #12
                        It's possible F-1 visa become L-1?

                        Hi, I'm currently in F-1 visa got it here in U.S. after made the change in my visa to B-1 from F-1.Now I have some propouses to work here and asking about the chances to do it possible -the more appropiate way should be the L-1 visa - in order to H1 visa is just the next year- so I would like to know more about that situation- could somebody help me please?- thanks.

                        Comment


                        • #13
                          Originally posted by wilder
                          Hi, I'm currently in F-1 visa got it here in U.S. after made the change in my visa to B-1 from F-1.Now I have some propouses to work here and asking about the chances to do it possible -the more appropiate way should be the L-1 visa - in order to H1 visa is just the next year- so I would like to know more about that situation- could somebody help me please?- thanks.
                          You should read about L1 visa on immihelp and see if you qualify.
                          Check out H1 FAQs first!
                          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                          Comment


                          • #14
                            Ead

                            Hello I have a work authorization I got when I was J2 visa holder can I still work or use this permit even if I already recieved my h4 approval (effective oct. 1, 2010).Is EAD similar with work authorization? My work Authorization will expire next year 2011.
                            Last edited by good12345; 09-25-2010, 08:06 PM.

                            Comment


                            • #15
                              No. That EAD is no longer valid. H4 status holders cannot work.

                              Originally posted by good12345 View Post
                              Hello I have a work authorization I got when I was J2 visa holder can I still work or use this permit even if I already recieved my h4 approval (effective oct. 1, 2010).Is EAD similar with work authorization? My work Authorization will expire next year 2011.
                              Not a legal advice. Use of this information is strictly at your own risk.

                              Comment

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