We have been waiting for Frequently Asked questions about applying for H4 EAD and how USCIS would process I-765 application and tons of several questions about
- Processing time of H4 EAD
- Travel while H4 EAD application is in process
- Applying for H4 EAD from outside USA
- Change of Status and break in employment
- What if I-140 is revoked?
Now, we have answers to those questions. USCIS released the guidelines for filing H4 EAD application and FAQ’s about submitting the application.
[alert type=”warning”] P.S. New updated form I-765 is not yet published at time of this writing. [/alert]
I’m including some of most frequently asked questions and highlighted the sentences that have the most impact below.
[accordion_item title=”Do I need to be in the United States to apply for employment authorization based on my H-4 status?” open=”true”] Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.[/accordion_item]
[accordion_item title=”Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?”] If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for EAD based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21.[/accordion_item]
[accordion_item title=”My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?”]USCIS does not require that the approved Form I-140 be filed by your spouse’s current employer or by the same employer who filed your H-1B spouse’s Form I-129, Petition for a Nonimmigrant Worker.[/accordion_item]
[accordion_item title=”Can I travel while my Form I-765 is pending?”] You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.[/accordion_item]
[accordion_item title=”What happens if I travel after concurrently submitting COS and I-765 form?”]If you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.[/accordion_item]
[accordion_item title=”How long will it take USCIS to adjudicate my Form I-765?”] The timeline will vary from case-to-case. Currently, the processing time for Form I-765 is 90 days (3 months). Please note that if you file a Form I-765 based on your H-4 nonimmigrant status concurrently with a Form I-129 and Form I-539, the processing timeline will not begin until we have made a decision on your spouse’s eligibility for H-1B status and/or your eligibility for H-4 status. Processing may also be delayed if the evidence included with these benefit requests does not establish eligibility and we need to issue an RFE or NOID.[/accordion_item]
Questions About H4 EAD application Guidelines
I read the guide and some parts are not clear or it would require an attorney to explain in plan simple English. If you think some of the answers require more explanation, then let me know. I can do another video interview with Immigration Attorney.
One of most asked question is Travel while H4 EAD is pending. And they answer is “May Travel”. For people with travel plans in summer, this may not be a welcome news.
Another not so good news is processing time with COS. Looks like it may take full 6 months or so.
This is breaking news update. Stay tuned for more details.