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H-4 Spouses - Apply for EADs

http://shusterman.com H4 Spouses of certain H-1B professionals can now obtain EAD work permits. This presentation explains who is eligible and how to apply. For more information, schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

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H-4 Spouses - Apply for EADs

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  1. EADs For H-4 SpousesA Simple Guide IMMIGRATION ATTORNEY CARL SHUSTERMAN www.shusterman.com (213) 623-4592 x0

  2. EADs For H-4 Spouses • On May 26, 2015, USCISbegan accepting form I-765 EAD applicationssubmitted by certain H-4 spouses of H-1B professionals • What follows are the most frequently asked questions about this new policy

  3. Which H-4 spouses are eligible for EADs? • An H-4 spouse of an H-1B professional who has • An approved I-140 visa petition; or • An approved post-6th year H-1B extension based on AC-21, whether 1 year or 3 years.

  4. What do I need to file with USCIS? • Form I-765, with proof of your H-4 status • Show that your spouse is in H-1B status and has a post-6th year extension based on AC-21 or an approved I-140 • You may apply for an EAD concurrently with your H-4 • The filing fee

  5. How long will my EAD be valid? Be sure to request that your EAD last for as long as your H-4 status is valid

  6. Are there any limits on my employment? • You can work in any type of lawful employment. You may: • Work for multiple employers • Change jobs at any time • Start your own business • Work as a salaried employee, an hourly employee or a contractor

  7. If my spouse and I are both in H-1B status, can I change to H-4 status and request an EAD at the same time? Yes, as long as you meet the eligibility requirements previously discussed

  8. How early am I allowed to submit my H-4 extension and EAD application? Both can be submitted, concurrently, 6 months prior to the expiration of your H-4 status

  9. How long will it take for me to receive an EAD? • EADs should be issued within 90 days after USCIS receives your I-765

  10. What if my spouse no longer works for the employer who filed his/her approved I-140? • People in H-1B status (with approved I-140s and pending I-485s)can change employers after their I-485 has been pending for 180 days or more • If their new job is in a similar occupation, no new PERM or I-140 is required • If not, they will be able to retain the old priority date, but their new employer may have to file a new PERM application and an I-140 visa petition

  11. Can I use premium processing to apply for an EAD? Can I file my application online? Is it possible for an H-4 child of a parent in H-1B status to apply for an EAD? The answer to each of these questions is “No”

  12. Approximately how many H-4 spouses will be able to qualify for EADs? • Up to 179,600 H-4 spouses will be eligible during the first year of the program • 55,000 will be eligible each subsequent year • It does not matter whether your spouse’s H-1B is cap-subject or cap-exempt

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