EAD for H4 visa holders

Advantages of EAD for H4 visa holders

In the 2014-2015 legislative session, a bill was passed that made it possible for some spouses of H4 visa holders to be qualified for EADs. All those entitled can apply from May 26,2015, onwards. But, it is essential to note that not every H4 visa holder is eligible to apply for an EAD. H4 EAD status check is crucial, and Techfetch H1B guides you with all the information, being a one-stop site for all US immigration details. Read on to find more about EAD eligibility and the advantages of holding an EAD card in the article below.

All You Need to Know About Eligibility

For a spouse holding an H4 visa to be qualified to apply for an EAD, the following must be met:

• The spouse must have an H1 visa status that is valid. If the H1 spouse does not have an H1 visa status that is valid, an H4 EAD application cannot be filed until the spouse gains an H1 visa.

• The Employment Authorization Document (EAD) based on an H4 visa is only accessible to partners of H1 visa holders. They fit into any one of the two categories mentioned here:

1. The spouse of the H-1B petitioner must have an accepted I-140 petition for an immigrant worker to qualify.

2. Even if the H1B partner later moved on to another job after their I-140 petition was accepted, it is not a problem. H4 visa holders, on the other hand, are no longer eligible to file an EAD application if their granted I-140 petition is later cancelled.

• The category under which the I-140 application gets approval is of the least importance. It can be an EB1, an EB2, or even an EB-3.

• It does not matter how long the H1B partner has been residing in the United States, as long as the I-140 petition is accepted.

• There is no minimum duration or waiting time after I-140 approval before an H4 visa application can be filed; therefore, the application for an H4 visa EAD can be filed as soon as the spouse's H-1B visa is accepted.

A Brief on Other Essential Eligibility Requirements

H-1B spouses must extend their H-1B status even after the original 6 years, in 1-year increments, according to regulation AC-21. This is the case when the employer of the H1 spouse has filed an I-140 Permanent Labor Certification application for the H1B beneficiary. This has to be done 365 days before the conclusion of the H1B status's 6th year.

• The permanent labor certification application or application for an I-140 should not have been denied or revoked in its entirety.

• The I-140 or permanent resident card need not be authorized.

• Just because an H1B holder has resided in the United States for a period greater than six years does not mean an H4 holder is entitled to an EAD application. Let us see this with an illustration. This would be the case if the H1B worker's spouse initially entered the country on a student visa and spent several years studying in the United States before switching to an H1B visa.

• Once these criteria are met, all is well, regardless of whether the H1B partner is in their seventh, eighth, ninth, tenth, or any other year of H1B status.

Advantages of H4 EAD Visa

The H4 EAD visa comes with several benefits, including the following:

• Those granted an H4 visa with an EAD can work part or full time, regardless of position or industry. If a person with an H4 visa and an EAD decides to quit working, there is nothing wrong with that decision.

• Those who own an EAD and have an H4 visa can start any business they choose.

• The H4 holder need not have a work offer to be qualified for EAD.

• The number of H4 EADs that can be issued is limitless, nor is there a time limit on when they can be requested.

Summary

H4 EAD visa perks include: H4 visa holders with EADs can work full or part-time in any sector or job. A person with an H4 visa and EAD might choose not to work. Those with an EAD and H4 visa can establish any business. H4 visa holders can get EAD without a work offer. No restriction is placed on the number of H4 EADs that can be issued or sought. Techfetch H1B provides the right information to process your US visa in a short duration by guiding you with an H4 EAD status check.