H4 EAD process
Information technology has led to a proliferation of technology companies and a race for skilled workers. In this regard, the 21st Century American Competitiveness Act (AC21), adopted by the US in 2000 October, addressed immigration to the nation. AC21 modified the mobility of H1B and limited the criteria to boost the tickets and to change jobs easily. The H4 EAD stalled during the administration of Trump, but the government and corporations are working hard to fix it. Techfetch H1B provides detailed information on the H4 EAD tracking process and helps you understand it better.
Learn About H4, H1B & Who Receives H4 EADs
H1B allows people to work in their respected field. H4 visas will let you bring family members to the US. You can bring your child under 21 and your spouse with an H4 visa. The child and spouse will be questioned about their application during the interview. H4 holders can stay in the US until their spouse's H1B visa expires. You can go to school and get a driver's license. You can also work with an EAD.
H1B holder is always the main applicant. Therefore the visa term of the H4 visa holder is up to them. The EAD regulation for H4 visas was adopted in 2015 to retain foreign talent. They wanted to limit disruptions to American businesses by discouraging immigrants from staying. The EAD for H4 visa was created to help the families of H1B holders. This helps families obtain a permanent residence legally. The rule will lessen the financial burdens on these families.
Before 2015, H4 EADs were not available. Even with an H4 visa through your partner's H1B visa, you would not be permitted to work. EAD holders do not need petitions, sponsorships, or Labor Condition Application (LCA). You can work in any industry. H4 visa holders can apply for EAD (you should be a dependent of the H1B holder). People under 21 years of age and unmarried are considered children. I-765 Form is required for H4 EADs.
Understand How to Apply for an H4 Visa
You need to learn the right time to get an H4 visa for your partner. If your spouse's immigrant visa petition is accepted, you can apply too. Unmarried children below 21 can also apply. Like any regular procedure, you must pay fees, submit documents, and take up a medical examination before an interview.
After completing all the stages, check your visa application's status. The USCIS website allows it. When your visa gets accepted, you can stay in the US until your spouse's H1B visa expires. You can convert your status to H1 while you are in the US.
Applying for a green card is another alternative. When your partner's visa petition for H1B is accepted, file the H4 visa. Processing times vary by country. Your approval time is unknown if you apply separately for an H4 visa. It is based on the workload of the U.S.Embassy.
Importance of H4 EAD
The EAD has many benefits. H4 holders with EADs can:
Get a YN
Use freely
Need not work for fewer wages
There is no annual limit on H4 EADs. The I-765 Form may require the following supporting documents:
Marriage license
Forms I-94 and I-797
Copy of EAD
Passport size color photos
G-1145 Form, if you would like to receive notification by email or phone.
Spouse's H1B or I-94 non-immigrant passport, current I-797 for Form I-129, and previous I-94.
Passports for you and your spouse
Government-issued photo ID, birth certificate, consular visa, or ID with a photograph.
I-765 Form must be submitted with the required fees and supporting documents. I-765 Form must be filed with Form I-539, but it will be put on hold until Form I-539 is decided. Before ninety days of processing time for the I-765 Form begins, your H4 status must be validated.
EAD renewal requires I-765 Form. This is possible 120 days before your EAD expires.
This tracker tracks H4 EADs.
Once you receive the I-765 and EAD, you can immediately start working.
Therefore, the H4 visa is chosen for its easier processing and other advantages.
Final Words
H4 visa holders who want to work immediately may be interested in EAD processing time. Processing periods vary by facility, so there is zero set schedule. No 2 EAD cases are the same; however, most petitions are processed within ninety days. You cannot get your Employment Authorization Document until you live in the US. Submitting the application is the best move if you want to start working immediately. Techfetch H1B will offer better guidance with the H4 EAD tracking process and help you with your entire immigration journey.
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