*** H4 EAD eFile Option ***

[jobas2007]

USCIS website has provided instructions for filing EAD for H4 spouses with H1B principal applicant with I-140 approved on http://www.uscis.gov/e-filing-i-765

 

But there seems to be 2 options

1) e File

2) Paper application.

 

Based on the information given on uscis website, I am finding difficult to determine the eligiblity of whether I can use eFIle option for form i-765 or have to file using paper application?

 

If anyone is able to make that determination, please share thier understanding.

[rahul412]

where in that page they talk about H4 EAD? People are still waiting for USCIS to release the application form.

[jobas2007]

As per my knowledge the PDF version of the form is available at http://www.uscis.gov/sites/default/files/files/form/i-765.pdf

 

Further I believe uscis is giving option to e-file the application, but has some eligiblity criterias, which are uncler to me. Hence, was reaching out to forum to see if someone has more insight into e-file vs paper application for H4 EAD application

[jobas2007]

Can anyone please reply to above? Also once we apply for H4 EAD, is it advised to be in the USA or one can travel abroad? The reason I was asking is that one the uscis website one of the required documentation is I-94 of the applicant and that would change once someone leaves the country?

[rahul412]

USCIS is STILL working on H4 EAD application form. So WAIT till they release the form.

[jairichi]

As per my knowledge the PDF version of the form is available at http://www.uscis.gov/sites/default/files/files/form/i-765.pdf

 

Further I believe uscis is giving option to e-file the application, but has some eligiblity criterias, which are uncler to me. Hence, was reaching out to forum to see if someone has more insight into e-file vs paper application for H4 EAD application

Your assumption is wrong. Look at "Who may file form I-765" instruction pdf file. 

[jobas2007]

Sorry Jairichi, I was unable to follow. Can you please specify which assumption are you referring too? Assumption that the H4 EAD form is yet to be made available for public OR whether e-file option is available for H4 EAD OR something else?

 

Basically, can you (or someone else) please confirm if I-765 form is the correct form for H4 EAD application , which can be downloaded from uscis website?

 

Secondly, my spouse is traveling out of county, so could you advise if we should apply for H4 EAD once she is back() to apply with most current I-94) OR I-94 being most current does not really matter?

 

Really appreciate your help.

[jairichi]

Sorry Jairichi, I was unable to follow. Can you please specify which assumption are you referring too? Assumption that the H4 EAD form is yet to be made available for public OR whether e-file option is available for H4 EAD OR something else?

 

Basically, can you (or someone else) please confirm if I-765 form is the correct form for H4 EAD application , which can be downloaded from uscis website?

 

Secondly, my spouse is traveling out of county, so could you advise if we should apply for H4 EAD once she is back() to apply with most current I-94) OR I-94 being most current does not really matter?

 

Really appreciate your help.

H4 EAD form is not officially out.

If your spouse is in US with a valid I94 then she can apply for H4 EAD. There is a possibility that biometrics might be involved for EAD. If she is not there at that time EAD approval might get denied.

[babuds]

Save Jobs USA, has filed for injunction against the H4-EAD implementation, which is coming up for hearing on May 21 at 11:30 am in the Federal District court of Washington DC. If the judge fnds merit with the plaintiffs argument, we can forget about the H4-EAD for quite some time, as is the case with other executive actions of the POTUS on immigration.

[jobas2007]

 

H4 EAD form is not officially out.

If your spouse is in US with a valid I94 then she can apply for H4 EAD. There is a possibility that biometrics might be involved for EAD. If she is not there at that time EAD approval might get denied.

Thanks for your reply. What I meant was that my spouse will have valid I-94 as of May 24 (start date of the H4 EAD application process is schedule to begin), but she would be traveling to India in the following month (for couple of month), while her application is still being adjudicated by USCIS (the process which is likely to take 2-3 months). I understand the risk of not being able to attend the biometrics, but questioning if the I-94 becoming void (in middle of things) would jeopardize the case in the first place? In short, is it ok for her to travel after May 24th application outside country?