First Topic of the Week : H4 EADs

[Attorney_3]

This week, the Murthy Law Firm attorneys will answer questions about the regulation and additional guidance which would allow for certain H-4 spouses to obtain EADs.

 

Also you may look at http://forum.murthy.com/index.php?/topic/86572-h-4-eads/ for prior discussions on the same topic prior to the new guidance.

 

 Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

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[psingh23]

Hello, can you please tell us what code applies to eligible h4 spouses on point No. 16 on the i765 application? They are asking for letter and number of eligibility category.

H4 spouse applying on her basis on husbands i140 approval.

Thank you,

PS

[vkreddy1]

I am F1 filed for H1B its still in process and I am eligible for H4EAD, can I file H4EAD while my H1 is in process?

[joshosb123]

Hello

 

I would like to confirm if USCIS has disclosed locations for filing H4-EAD applications yet or not? Can you please shed some information on that? Locations page belonging to sending 1765  http://www.uscis.gov/i-765-addresses , doesnt mention anything about H categories visa

[jgpatel]

what is Today's  hearing update on H4 EAD ? will H4 EAD still continue or stop ?

[h1b_consltnt]

Hello

 

I am on H4 right now with my H4 stamped on my passport and it is valid till May, 2017. My husband's I-140 was approved last year. I am planning to send H4 EAD application on 27th May. I have question regarding traveling abroad. We have a Mexico trip planned in June where we are going for a week. So, is it advisable to travel abroad while my EAD application is with USCIS? Will it contradict with the dates I have mentioned in I-765 (US entry date)?

 

I read the FAQs USCIS has posted but it only mentions about missing important communication (either RFE or need to take an appointment with Application Support Center). What is the reponse period in such cases? I am leaving on 10th June, Wednesday and coming back on 17th June, Wednesday. Are there chances that I'll miss anything in those 6 business days?

 

Thanks in advance.

[Attorney_20]

Hello, can you please tell us what code applies to eligible h4 spouses on point No. 16 on the i765 application? They are asking for letter and number of eligibility category.

H4 spouse applying on her basis on husbands i140 approval.

Thank you,

PS

The "eligibility category" on the I-765 for H-4 EAD applicants is ( c )( 26 )

[Attorney_20]

I am F1 filed for H1B its still in process and I am eligible for H4EAD, can I file H4EAD while my H1 is in process?

If you have a spouse in H1B status with an approved I-140, you may qualify for an EAD after you have obtained H-4 status.

[Attorney_20]

A recent NewsFlash about H-4 EADs has recently been posted on MurthyDotCom: http://www.murthy.com/2015/05/21/newsflash-last-minute-h-4-ead-reminder-and-clarifications/

[Attorney_22]

Although USCIS has begun to issue some guidance and FAQs on the new H4 EAD, they have yet to release the new I-765 Form with the proposed revisions. Accordingly, direct filing locations pursuant to the new process have not been released. In the meantime, continue to check the Murthy Law Firm website for the latest updates on this issue.   

[sameertupe]

I am on H1B and got my I140 as well as have H1b valid till 2017. For my spouse who is on H4 we applied for H4 extension in February. Have not received any update from USCIS since Feb. With this situation should we apply for her H4 EAD on 26th or we should wait till her h4 extension comes in hand and then apply. Thanks.

[Attorney_20]

I am on H1B and got my I140 as well as have H1b valid till 2017. For my spouse who is on H4 we applied for H4 extension in February. Have not received any update from USCIS since Feb. With this situation should we apply for her H4 EAD on 26th or we should wait till her h4 extension comes in hand and then apply. Thanks.

This really depends on when her current I-94 card expires.  You should discuss your specific situation with an immigration attorney.

[sksh]

Hi,

My H1B and spouse's H4 is expiring in mid of august-2015.My question is what is the best option to apply for H4 EAD

1)Apply for H1 and H4 extension and once it is approved, apply for H4 EAD

2)Apply all 3 (H1,H4 extension and H4 EAD) together

3)Apply for H4 EAD and while it is in process apply for H1 and H4 extension and apply for H4 EAD renewal once H4 extension is approved(in this case,will I get expired EAD or will they reject H4 EAD application, if they process after mid Aug).

Thanks in advance.