Any luck on your side? Contact us for help today. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . According to the USCIS, they will not backdate the validity period of your EAD to when H-4 status was granted. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. They have a thorough knowledge of the H-1B process and this new EAD rule. Thank you so much for the explanations! The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. With that being said, it shouldnt be an issue if it was filed by a previous employer. If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short. Receiving a request for evidence can surely add time to your case. You cannot release it independently while youre in the US. The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. Hello @Anil_Gupta , Thanks for your prompt response. You can return home and perform temporary work in your home country. After USCIS announced impending changes in March of 2022, certain EAD holders became eligible for a 540-day automatic extension. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. The fee is $1500 and the processing time is 15 calendar days for H-2B and R-1. Any idea when this will in effect. Copy of your marriage certificate. This website is not intended to provide legal advice, and therefore, does not invite or create an attorney-client relationship. Wait for your date to become current 6. In order to qualify for employment authorization documents, there are two main criteria. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. However, the situation is different for the H-4. Q. You cannot start a job in the US until you have your EAD. Fee varies from $1500-$2500. It is planned to be implemented by FY 2025. 447 reviews. However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. There is no mention of Biometrics in the regulation, there are some waivers for Biometrics for some time, after that we do not know. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. A reputable employer would never offer to employ you without an EAD. Please comment on this one. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Most probably, early next year, USCIS will start premium processing for H4 EAD. The H4 EAD is a very important document for families who cannot meet all of their financial obligations on one persons income alone. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. or even an H-1B visa yourself. It can have serious consequences for you and serious consequences for the person who employs you. There is no guarantee that USCIS will expedite your EAD processing once you ask. If the petition is accepted, it is passed to the National Visa Center (NVC) which issues U.S. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. All requests are considered on a case-by-case basis. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. Thanks. No. To work in the US, you must first apply for an employment authorization document (EAD). Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register. 1356(u)(3)(A) and establish new benefit requests eligible for premium processing and the associated fees made available by 8 U.S.C. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Read More. First, the principal. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). 2023 AM22Tech| You can check service center H4 EAD processing times here. Below are the screenshots that indicate the same. After that, both you and your spouse will be considered out of status and your EAD will be invalid. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. | Thanks. Carl Michael Shusterman. Hope my understanding is right. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. Because you can file H1 with PP + H4 with PP + H4 EAD, 6 months ahead of H1/H4/H4 EAD expiration date. This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . If approved, USCIS sends an approval notice to the applicant. This is done the way that you would get a renewed card. Get all 3 approved in 15 days using premium. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. The agency received 398,267 petitions for initial and continuing employment, or renewals, during the period. USCIS will consider requests to expedite the processing of certain documents if the circumstances are severe. Its easy to request an expedited EAD if youre a healthcare worker or a childcare worker. Dont accept any job offers from people who can tell you that you can work without an EAD. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 4. Will there be premium processing for GC EAD as well? USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. What's worse, if concurrently filing the H-4 EAD renewal . USCIS has shared a new term called cycle time. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . USCIS premium processing will NOT be available for H4, EAD until FY 2025. Request H1B premium processing - You will get all 3 approvals within 15 calendar days. Latest: USCIS to Start Collecting Fee for EB-5 Integrity Fund; SATACT ; Below is our H4 visa EAD FAQ series based on information released by USCIS. As an H4 visa recipient, your visa isnt considered work-related. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. Therefore, you. Yes, you can. If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. USCIS rules have recently fluctuated for H1B premium processing availability. 4. H4 & EAD premium processing starting May 31, 2022. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. To deny a work permit for a LEGAL . The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. How to Check US Visa Status Online? The new card is valid from Jan 2023 till Jan 2025. We will update here if new information is made available for this. The EB-1A and EB-2 allow beneficiaries to self-petition for their green cards, though you must have National Interest Waiver if you hope to self-petition for an EB-2. If you file a Form I-539 requesting to change your nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765 only after we adjudicate your Form I-539 and grant you H-4 status. In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. So there is no need to worry about having your petition rejected on that account. USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. To answer your question, you are talking about H4 COS, which will be considered together only if you file H1B extension and then spouses H4 COS at the same time in same package. A year is a very long time to wait for a household that needs additional income to pay the bills. H4 EAD PP is not being implemented in near future. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications.