Introduction to H-4 and H-4 EAD
The H-4 visa is a non-immigrant visa that allows the spouse and dependent children of H-1B, H-1B1, H-2A, H-2B, or H-3 visa holders to enter the United States. An H-4 EAD, or Employment Authorization Document, is a work permit that allows certain H-4 visa holders to work in the US.
To be eligible for an H-4 EAD, the H-4 visa holder's spouse must have an approved I-140 petition or be the beneficiary of a pending I-140 petition with a priority date that is more than one year old, or the spouse must have a valid H-1B visa with a valid I-797 approval notice.
Eligibility Requirements for H-4 and H-4 EAD
To apply for an H-4 visa, the applicant must demonstrate that they are the spouse or dependent child of an H-1B, H-1B1, H-2A, H-2B, or H-3 visa holder. The applicant must also provide documentation, such as a marriage certificate or birth certificate, to establish their relationship to the primary visa holder.
For an H-4 EAD, the applicant must provide documentation, such as a copy of their I-94 card, a copy of their H-4 approval notice, and a copy of their spouse's I-140 petition or I-797 approval notice.
Application Process for H-4 and H-4 EAD
The application process for an H-4 visa involves submitting Form I-539, Application to Extend/Change Nonimmigrant Status, and supporting documentation to US Citizenship and Immigration Services (USCIS). The application process for an H-4 EAD involves submitting Form I-765, Application for Employment Authorization, and supporting documentation to USCIS.
It is recommended that applicants consult with an immigration attorney to ensure that their application is complete and accurate, and to avoid any delays or denials in the approval process.
Timeline for H-4 and H-4 EAD Approval
The processing time for H-4 and H-4 EAD applications can vary depending on the workload of the USCIS service center and the complexity of the application. On average, it can take several months to a year or more for an H-4 visa to be approved, and several months for an H-4 EAD to be approved.
Applicants can check the status of their application online or by contacting USCIS directly. It is also recommended that applicants apply for premium processing, which can expedite the approval process for an additional fee.
Conclusion and Next Steps
In conclusion, it is possible for an H-4 and H-4 EAD to be approved together, but it requires careful planning and attention to detail. Applicants must ensure that their application is complete and accurate, and that they meet all the eligibility requirements.
If an applicant's H-4 and H-4 EAD are approved, they will be able to enter the US and work in the US, respectively. It is recommended that applicants consult with an immigration attorney to ensure that they comply with all US immigration laws and regulations.
Frequently Asked Questions
What is the difference between an H-4 visa and an H-4 EAD?
An H-4 visa allows the spouse and dependent children of H-1B, H-1B1, H-2A, H-2B, or H-3 visa holders to enter the US, while an H-4 EAD is a work permit that allows certain H-4 visa holders to work in the US.
Can I apply for an H-4 EAD if my spouse's H-1B visa is pending?
No, you must wait until your spouse's H-1B visa is approved before applying for an H-4 EAD.
How long does it take to get an H-4 EAD approved?
The processing time for an H-4 EAD can vary, but it typically takes several months to a year or more for approval.
Can I work in the US with an H-4 visa?
No, an H-4 visa does not allow you to work in the US. You must apply for an H-4 EAD to work in the US.
Do I need to apply for an H-4 EAD if I am already in the US on an H-4 visa?
Yes, you must apply for an H-4 EAD if you want to work in the US, even if you are already in the US on an H-4 visa.
Can I apply for premium processing for my H-4 EAD application?
Yes, you can apply for premium processing for an additional fee, which can expedite the approval process for your H-4 EAD application.