H-4 Status

Applying for an EAD while in H-4 Status

USCIS said on the 24th of February, 2015, that the number of people with H4 status eligible for EAD (Employment Authorization Document) would increase. H4 EAD tracking is crucial, and Techfetch H1B guides you with all the information, being a one-stop site for US immigration.

Previously, only those with H4 status who were the recipients of an active I-485 Form, which is the final stage of application for a green card, qualified for an EAD. This helps some people by giving them a short period of work authorization before they gain their green card.

H4 spouses can receive an EAD while the primary visa holder has H1B status. This got into effect on the 26th of May, 2015. Their H1B status can be extended above the typical six-year eligibility limit due to a pending green card application. H4 spouses are beneficiaries of the authorized I-140 form and

This increase in eligibility will make many more people with H4 status eligible for the Employment Authorization Document and allow them to take advantage of this benefit during the early stages of the application process for the green card.

A Brief on Employment Authorization Document

Eligible spouses under H4 status must file an I-765 Form and pay the fee to apply for an EAD. The supporting documents listed below must be submitted:

• Passport copy

• Marriage certificate or license

• Evidence showing the holder's current status as an H1B, such as an I-94 registration and notice of approval for H1B

• 3 recent pay stubs

• H-4 approval copy

• EAD Eligibility Authentication

• I-140 approval copy

Before USCIS has accepted the application, the applicant cannot begin work even if they have obtained the EAD.

Ways to Apply for Employment Authorization Document

The deadline to submit Form I-765 and appropriate supporting documents (as specified by USCIS) for spouses under H4 status who fulfill the eligibility requirements listed above is the 26th of May, 2015. Couples with an H4 visa who are not qualified to apply for the Employment Authorization Document as per the new eligibility requirements must not file Form I-765 till they prove that they are qualified. Couples may file Form I-765 along with their application to extend their H-4 status (Form I-539) if the primary visa holder's H1B status extends more than six years of eligibility. USCIS will accept the I-765 as soon as the I-539 gets accepted.

An Overview on Extended EAD

The validity of the H-4 status granted to a person will often overlap with the expiration date of the person's EAD. A new I-765 can be filed simultaneously as I-539 Form, which requests extending H4 status. Future extension of status petitions should be filed as soon as possible to minimize the small gaps in the employment eligibility since, with some exceptions, H4 spouses can only work with a valid EAD.

H-1B extension of status petitions should be filed as soon as possible, as they rely on the extension of status petitions for people with H-4 status. Until six months before the expected start date, USCIS will accept H1B extension applications. Beneficiaries of an H1B petition for an extension, which currently have H-1B status, can work for two hundred and forty days when their petition for extension is still on hold with USCIS. This modification is not related to this regulation.

H4 spouses employed under an Employment Authorization Document do not receive this advantage and should stop working after the expiration of their EAD unless protected by the policy guideline of 11/12/2021 referenced below. Because of this, it is recommended that H1B extensions be filed 5 to 6 months before the start date of the proposed extension so that Employment Authorization Document applications for H4 spouses are resolved in time.

Last But Not Least

USCIS has confirmed that eligible H4 dependent spouses with a valid status beyond the EAD's expiry qualify for an EAD extension. The new policy guidance is effective as of 11/12/2021. The employment authorization gets automatically extended for one hundred and eighty days. Techfetch H1B is an immigration service information provider that gives you all the details about the H4 EAD tracking procedure.