Frequently Asked Questions - H-4 EAD
- Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?
- Traveling Abroad While H-4 EAD is Pending
- 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
- 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
- Revocation Of H-4 EAD Rules
- Erroneously Given Longer Duration On H-1B Than Eligible
- Doing Business on H-4 EAD
- Status of H-4 EAD Litigation/Suit
- Transfer from H-1 (with I-140 approved) to H-4 EAD
- Query Regarding Impact on H-4 EAD During Job Change
- Regarding Impact On H-4 EAD During Job Change
- 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
- Activities permitted under H-4 EAD
- H-4 EAD Status When Moved to Different Employer
- Travel while H-4 EAD is pending
- Can a revoked I-140 help for H-4 EAD?
- Consequences of I-140 revocation
- 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- "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn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
- 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
- H-4 EAD Employer Change
- Does H-4 EAD have to be applied again if H-1 changes jobs?
- H-4 and EAD
- The Proposed I-140 EAD Rule - FAQ's
- Pros and cons of H-4 EAD
- H4 - EAD validation if H-1B holder moved to another company
- Applying for H-4 EAD while H-4 is pending
- H-4 Visa Approval
- Application for H-4 EAD
- H-4 EAD filing based upon I-140
- Filing I-765 while the I-539 is pending
- Can I travel while my H-4 EAD is pending?
- H-4 EAD Expediting Possible?
- H-4 EAD - Documents needed; name issues; processing times, etc.
- H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
- H-4 EAD filing while H-1 extension is pending
- H-4 EAD Filing
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
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.
Watch the Video on this FAQ: Revocation of H-4 EAD rules
Video Transcript
Watch the Video on this FAQ: Erroneously given longer duration on H-1B than eligible
Video Transcript
You are not allowed to take advantage of USCIS errors. More...
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.
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.
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
1. The essence of your understanding is correct. You are safe against revocation.
2.
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.
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...
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.
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.
Watch the Video on this FAQ: Travel while H-4 EAD is pending
Video Transcript
Watch the Video on this FAQ: Can a revoked I-140 help for H-4 EAD?
Video Transcript
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.
Watch the Video on this FAQ: H-4 EAD changing back to H-1
Video Transcript
Watch the Video on this FAQ: Revoke H-4 EAD regulation
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
Watch Video on this FAQ: When is an H-1B amendment required?
Video Transcript:
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.
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.
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.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.
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).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=382
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/y6RtaKhuoIY
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?