Frequently Asked Questions - H-4 EAD

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"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn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?