Frequently Asked Questions - EAD

Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.

Employment Authorization Document (EAD)

What is an EAD?  

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Why does my new EAD look different than my prior one 

Change of status from L-2 to H-4

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

L-2 Visa without EAD
Can I apply for H4 visa for spouse while on EAD?

You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.

AOS interview next week, mother in India on AP

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

NPTE license

If you already have an EAD, for instance as a derivative beneficiary, you only need to fulfill the State licensing requirements.

H1B extension or EAD

EAD and H-1 are two different things. You will get your EAD only after you file the 485.

Self Employed while on EAD

I see no issues at all with the derivative beneficiary being self-employed on EAD.

With I-485 pending can I be an investor ?

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.

Lost old EAD card for another OPT application

First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.

EAD-AC21-Self Porting

Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.

L2 EAD Renewal based on I -94
L2 visa and EAD

As far as I know, you will have to be here. Nothing can be done before that.

When can I apply for EAD?

This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.

Pending I-485 and marraige

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

F1 and OPT Expired but 60 days not up

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.


It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

EAD restriction for 245i

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

EAD - Job title change on the same job

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.

Extending H-1/H-4EAD; working while extension pending

Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...



Is it legal to work for a foreign based company in the USA?
Changing employers after 6 years of H-1 are over
"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
Compelling circumstances EAD
EAD on the Basis of Approved I-140

No. The only EAD possible is a compelling circumstances EAD. This would not be a routine EAD. See the graphic on my blog.

J-1 Physician applying for following to join after waiver
Changing Employers With An Approved I-140 After January 17 2017

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

How do we keep up with the rumors and changes in the laws
Automatic EAD extension; I-485 EAD
Regarding Form G-884 (Returns of original documents)

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

H-4 EAD - Starting business

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript:

1. Yes you can.

2. You do not.

H-4 EAD COS pending; File green card while on H-4

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

H-4 EAD Rule FAQ's

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

Considerations for AC21 job portability

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript

Green card through two employers and future employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 


FAQ Transcript

Status of the H-4 EAD regulations

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

H-4 EAD Rule

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Obama's Immigration Action EAD At I-140 Stage

I have heard that there is a proposal to allow filing of I-485