H-4 And EAD

On May 26 of this year, new regulation allowing certain H-4 visa holders to obtain an employment authorization document (EAD) came into effect. Some of the key points to keep in mind are the following:

H-4 EADs are not limited by deadlines or number. Any number of filings can be made at any time. As long as you are eligible, you may renew your benefits.

In order to file for the H-4 EAD, you must hold H-4 status, and you must be in the United States. H-4 status is only held while a person is in the United States.

If you have applied for a change to H-4 status, but do not yet hold that status, avoid traveling outside the U.S. If you travel abroad while a change of status is pending, your EAD will be denied. If you must travel outside the U.S., you can refile an EAD application after returning to the U.S.

The H-4 EAD grants unrestricted employment authorization to the holder. You can work full-time, part-time, or on-and-off for any employer. You can also be self-employed, start your own business, and hire other individuals (as long as they are authorized to work in the U.S.).

An EAD only grants employment authorization NOT travel authorization. Unless you are a Canadian citizen, you need an H-4 visa stamp issued by a U.S. consulate abroad in order to come back to the U.S. with H-4 status.

You may file an H-4 EAD application at the same time as an application to change or extend H-4 status. You may also file the primary applicant’s H-1B extension at the same time as applications to change or extend H-4 status, as well as EAD applications.

If you are awaiting decision on a previously filed application for change or extension of status (I-539 form), it is better to wait for the decision on the I-539 form before filing the EAD application. This is because the USCIS cannot guarantee that they will be able to match the EAD application with the pending I-539 form.

To learn whether you qualify for a H-4 EAD or have questions about the H-4 Change of Status and H-4 EAD contact our office at 312-857-5402 for prompt assistance.

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