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H4 ead status Form: What You Should Know

The employer in the case file needs to fill out the form, and the employee needs to return it with a copy of his passport or I-94. Employment Authorization Document (EAD) A work authorization document (I-766/EAD or I-797), is required for certain noncitizens who want to bring their family members to the United States as  temporary employees. Employment authorization documents (I-766/EAD or I-797) are used by certain U.S. Department of Homeland Security (DHS) program officials in  adjudicating an alien's request to bring his or her family members to the United States for work.   The I-766/ EAD is a document issued by the department that allows the holder to temporarily reside and work in the United States. It does not authorize the holder to work in the United States, rather it establishes a  continuous legal presence permitting a holder to seek work and other lawful status.  The I-797 is issued by DHS and is required when the holder wishes to apply for  a nonimmigrant visa. I-766, Instructions for Application for Employment Authorization Document (EAD) A work authorization document (I-766/EAD or I-797) is required for certain noncitizens who want to bring their family members to the United States as  temporary employees. Employment authorization documents (I-766/ EAD or I-797) are used by certain U.S. Department of Homeland Security (DHS) program authorities in a case file when an alien wishes to bring his or her family members for work. The beneficiary is a U.S. citizen or permanent resident, such as a refugee or Ashlee. DHS Employment Authorization Documents The I-766/ EAD and I-797 apply to nonimmigrant visa holders who have a lawful relationship with a DHS-designated employer, such as a foreign student or an immediate relative of a U.S. citizen or permanent resident who is employed by the designated employer. EAD (Employment Authorization Document) EAD is a document that establishes the legal presence of the holder through a continuous legal presence authorized by DHS.

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FAQ - H4 ead status

Will I have to file H4 EAD again if I do a change of status from H4 EAD - H1-u00a0 H4?
If you are on H4 your EAD will be valid and no need of new application. If you changed to H1B and now changeing back to H4 , you need to reapply for new H4EAD
Can the H4-EAD person work (considering the validity is still there) even if the primary person (H1B) is out of status (Meaning not working at that moment)?
If H-1B holder is really out of status, H4 holder is out of status as well. EAD or not, H4 holder can not work. If the H-1B holder is in the 60 days grace period, his/her immigration status is still valid and in that case the spouse with the H4-EAD can keep working for the 60 days period but thatu2019s it. Once the 60 days are up and H-1B holder is not working, both of them are done.
Can you convert your status from F1-opt to H4-EAD without losing employment?
I am not an immigration attorney. Please consult one.Yes. That is exactly what we did when my wifeu2019s F1 OPT was expiring. We filed F1 to H4 Change of Status (I-539) and H4 EAD (I-765) together. We requested the CoS to be effective on a future date - the day after F1 OPT expires. This allowed my wife to not lose employment. USCIS generally honors this date but they are not required to. You need to apply well in advance of that date though. Not sure what the current processing times are for H4 COS and EAD.Also, if the corresponding H1 is also up for an extension, then you can file for H1 + H4 extension + H4 EAD together in premium processing. There is no premium processing option for H4 CoS + EAD.
Is it easy to get a job in the US on an H4 visa EAD?
Depends on your skill sets. If you are a nuclear scooentist then you will likely not get a job. These type of lositions would require US citizenship and security clearance.Even US citizens may not pass security screening so do not feel bad. You are generally as employable as you can be as a non immigrant so thats the good news. You are not tied to a visa/employer. You can start working immediately without informing anyone etc.I have seen some hesitations from some companies in hiring such candidates, but that is mostly due to the massive amount fradulent resumes we receive, the candidate not being current and general fear of this type of EAD disappearing.
Can I change my status from F1OPT to H4 EAD without a break in my employment?
Yes, if you apply for change of status and you're granted for H4 EAD before the end of the OPT period.
Is it possible to maintain both H4 EAD and H1B status together?
I would say no. First of all you can either have H1 or H4 and not both. EAD on H4 is after you have an H4 which means you don't have H1 at that point. Now this is for the same person. Just in case someone is wondering if this is for a primary and a dependent, then the answer is obvious yes.
What is the status of H4 ead as of today?
I am not an immigration attorney. Please consult one.There are no changes to H4 EAD as of today. You can apply/renew if you are eligible.USCIS is under the process of rescinding the EAD. It is still in rule making stage. It has been on their agenda since Fall 2023. Once the official rule is published (no timeline for it yet), it will open for public comments. Since this is an economically significant rule, I expect the comment period to be open for 60u201390 days. There is no fixed time though. It is up to USCIS discretion. Once the comment period is over, USCIS will release the final rule. Only then will there be material change to the rule.Hope this helps. Good luck to you.
How much is the current processing time for H1 to H4 Change of Status, and can we apply H4 EAD while COS is pending? Anyone in a similar situation who got the approval recently?
The processing time for any application is mainly dependent on the work load of the Service Center where the CoS is applied to. CoS to H4 is taking around 4 months from the time application is accepted. More information on processing times can be found at myUSCISAlso, H4 EAD can be filed along with CoS to save some time. One should note that both approvals may not happen at same time. As a rule of thumb H4 EAD will be approved once H4 status is approved, so it could be done on the same day or 60 days after the H4 is approved. But there is no harm filing both together. Processing time for H4 EAD can also be found at the site mentioned above. As of now a spike in processing times is observed and could take close to 75 days for receiving EAD approval.
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