Frequently Asked Questions - H-4 EAD

  1. H-4 EAD Based Upon Prior Employers
  2. Can An Employee Withdraw An H-1B Petition?
  3. H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
  4. H-4 EAD Termination and Converting to H-1B
  5. Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
  6. H-4 EAD and H-1B Extensions Rules Change
  7. Revocation Of H-4 EAD Rules
  8. Erroneously Given Longer Duration On H-1B Than Eligible
  9. Doing Business on H-4 EAD
  10. Status of H-4 EAD Litigation/Suit
  11. Transfer from H-1 (with I-140 approved) to H-4 EAD
  12. Query Regarding Impact on H-4 EAD During Job Change
  13. Regarding Impact On H-4 EAD During Job Change
  14. Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
  15. Extending H-1/H-4EAD; working while extension pending
  16. Activities permitted under H-4 EAD
  17. H-4 EAD Status When Moved to Different Employer
  18. Travel while H-4 EAD is pending
  19. Can a revoked I-140 help for H-4 EAD?
  20. Consequences of I-140 revocation
  21. Do jobs have to be same or similar when I port my priority date?
  22. H-4 EAD changing back to H-1
  23. Changing employers after 6 years of H-1 are over
  24. "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
  25. Revoke H-4 EAD Regulation
  26. Will H-4 EAD Rule be revoked?
  27. When is an H-1B amendment required?
  28. Converting from another work status (such as H-1) to H-4 EAD
  29. H-4 EAD Employer Change
  30. Does H-4 EAD have to be applied again if H-1 changes jobs?
  31. H-4 and EAD
  32. The Proposed I-140 EAD Rule - FAQ's
  33. Pros and cons of H-4 EAD
  34. H4 - EAD validation if H-1B holder moved to another company
  35. Applying for H-4 EAD while H-4 is pending
  36. H-4 Visa Approval
  37. Application for H-4 EAD
  38. H-4 EAD filing based upon I-140
  39. Filing I-765 while the I-539 is pending
  40. Can I travel while my H-4 EAD is pending?
  41. H-4 EAD Expediting Possible?
  42. H-4 EAD - Documents needed; name issues; processing times, etc.
  43. H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
  44. H-4 EAD filing while H-1 extension is pending
  45. H-4 EAD Filing
H-4 EAD Based Upon Prior Employers
Can An Employee Withdraw An H-1B Petition?
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit

Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

H-4 EAD Termination and Converting to H-1B
Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
H-4 EAD and H-1B Extensions Rules Change

Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

Video Transcript

1. What you could try doing is have your green card started and you can use that to extend your H-1. 

Revocation Of H-4 EAD Rules
Erroneously Given Longer Duration On H-1B Than Eligible
Doing Business on H-4 EAD

Watch the Video on this FAQ: Doing business on H-4 EAD

Video Transcript

Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.

More...

Status of H-4 EAD Litigation/Suit

Watch the Video on this FAQ: Status of H-4 EAD litigation/suit

Video Transcript:

Right now, according to the government, this lawsuit pertains to regulations that may not be relevant because the government may decide to overrule these regulations with some new regulations.

Transfer from H-1 (with I-140 approved) to H-4 EAD

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

Query Regarding Impact on H-4 EAD During Job Change

1. The essence of your understanding is correct. You are safe against revocation.
2.

Regarding Impact On H-4 EAD During Job Change

1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.

Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
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...

 

 

Activities permitted under H-4 EAD

Watch the Video for this FAQ: Activities permitted under H-4 EAD

Video Transcript

1. With a H-4 EAD, you can do anything you like. You can work, you can choose not work, you can start your own business, you can work three hours a day, you can work ten hours a day, you can work eighteen hours a day. 

H-4 EAD Status When Moved to Different Employer

1. The employer can revoke, but, USCIS says, after 180 days they will not revoke the H-4 EAD.

2. You will not need to change the H-4 EAD upon moving to any number of companies, as long as you maintain your H-1 status.

Travel while H-4 EAD is pending
Can a revoked I-140 help for H-4 EAD?

Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?


Video Transcript

Consequences of I-140 revocation

Watch the Video on this FAQ: Consequences of I-140 revocation

Video Transcript

1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

Do jobs have to be same or similar when I port my priority date?
H-4 EAD changing back to H-1
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
Revoke H-4 EAD Regulation

Watch the Video on this FAQ: Revoke H-4 EAD regulation


Will H-4 EAD Rule be revoked?
When is an H-1B amendment required?
Converting from another work status (such as H-1) to H-4 EAD

We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.

H-4 EAD Employer Change

USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

Does H-4 EAD have to be applied again if H-1 changes jobs?
H-4 and EAD

As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD. 

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Pros and cons of H-4 EAD

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

https://youtu.be/H_VV9kV_lOg?t=1345

H4 - EAD validation if H-1B holder moved to another company

USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

Applying for H-4 EAD while H-4 is pending

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

H-4 Visa Approval

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

Application for H-4 EAD

Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending. 

Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension). 

H-4 EAD filing based upon I-140

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

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

Filing I-765 while the I-539 is pending

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

https://youtu.be/8N82R3qAiJo?t=382

FAQ Transcript:

Can I travel while my H-4 EAD is pending?

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

https://youtu.be/8N82R3qAiJo?t=123

FAQ Transcript:

H-4 EAD Expediting Possible?

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

H-4 EAD - Documents needed; name issues; processing times, etc.

 

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

FAQ Transcript: 

H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?

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

https://youtu.be/y6RtaKhuoIY

FAQ Transcript:

H-4 EAD filing while H-1 extension is pending

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

https://youtu.be/y6RtaKhuoIY

H-4 EAD Filing

Every time the H-1 holder changes  job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good.  You don't have to have different H-4 for the employer. Of course,  every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1  holder has  never violated status that H-4 continued to be good from job to job to job, you are good.

Your  second question was what document need to file H-4 EAD?