So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I . You can check service center H4 EAD, Evidence of a bona fide relationship (i.e., marriage certificate), Additional details regarding the requirements can be found, I-765 Application for Employment Authorization. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. What is the processing time for H4? Copy of your passport. The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD . After approval, it takes another ten days to get approval notice by mail, and approx. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with, In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. No. Is premium processing available for H4 EAD? The Cohen, Tucker & Ades law firm are compassionate and detail-oriented immigration lawyers who have spent the past 40 years helping immigrants live their lives in America. Likewise, the EAD expiration date will be when your H-4 status expires. Processing time 15 to 45 days. . While it is possible for you to travel without directly jeopardizing your status, it is usually not recommended to do so until your EAD has been approved. The bill included provisions for extensions, changes of status, and work authorization. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. Hello @Anil_Gupta , Thanks for your prompt response. If you have not filed your Form I-907, or have . USCIS to process H1B, H4, EAD together starting Jan 25, 2023. Your relationship to the H-1B immigrant. This website is a public resource of general information which is intended, but not promised or guaranteed, to be complete, accurate, and up-to-date. This means that once your H-1B spouse needs to renew his or her visa, you would need to also renew your H-4 and EAD to extend the validity period. It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. Once H1/H4 are approved and then new I94 dates are posted on H1/H4, then you will have a 180-day automatic extension on the current H4 EAD. Below is the timeline of events, official news updates, and the latest actions on the H4 Visa and H4 EAD premium processing topic. See the timeline and screenshots. The USCIS says on its site that, as long as you are still eligible for employment under the H-4 visa (meaning that your H-1B spouse still has an I-140 petition approved with the USCIS), then you can file a new I-765 form within 180 days of your EADs expiration. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. Wait for your date to become current 6. You will see the status say, sent for printing. I have y wife h4 pending for 4 months. One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment. You may need to include the income you receive from these existing deals as passive income on your U.S. tax returns. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. H4 & EAD premium processing starting May 31, 2022. Visa Interview ? Approve of premium processing for H4 EAD NOW! An Alter. The premium processing clock, when someone. Processing time 15 to 45 days. . To deny a work permit for a LEGAL . You definitely clarified my doubt. The premium processing time for H4 EAD application cannot exceed 30 days. If you need to file an H-4 EAD, theres no sense in waiting. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. Each . After that, both you and your spouse will be considered out of status and your EAD will be invalid. The fee for H4 COS, extensions cannot exceed $1,750 USD as per Congress. It was with the Office of Management and Budget (OMB) for a long time until February 2022. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . In some cases, in lieu of H-4 EAD premium processing, the USCIS may grant an accelerated processing time for your petition under extreme circumstances. The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. This temporary increase in the auto-extension period will end on Oct 26, 2023. Share sensitive information only on official, secure websites. I-140: The new fee is $2500 and the processing time is 15 . USCIS reviews the application and makes a decision. While this is faster than any other visa processing related to immigration, let alone just H-1B, we need to look at why the USCIS takes a lot of time to process documents. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Non-immigrants working in this country heavily rely on work authorization to exist in the United States, and many of them also rely on their spouses income. 116-159 . However, there are stipulations to the rule that must be taken into consideration when applying. Get all 3 approved in 15 days using premium. Official identification issued by the government. Conclusion Effective May 17, 2021, U.S. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending. Fee varies from $1500-$2500. 100 - 300; 300 - 600; 600 - 900; 900+ N Forms. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. It may not seem like work in a traditional sense, but USCIS views self-employment or making money off of a hobby as employment. Request a confidential consultation today. The below article tracks the latest news updates on the same with the timeline of events, current status. They have plans to implement premium processing, but the plans arent immediate. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. However, the situation is different for the H-4. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. | Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? You can craft things to sell, collect inventory, and even build a website for your self-employment venture while youre waiting for your EAD, but you cannot accept any form of payment for goods or services until your EAD arrives. Since the Biden administration took office, they have not acted on implementing this for a long time. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. They have to now wait for another 3 years to see any daylight. that, as long as you are still eligible for employment under the H-4 visa (meaning that your H-1B spouse still has an I-140 petition approved with the USCIS), then you can file a new I-765 form within 180 days of your EADs expiration. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . Contact us for help today. A C26 EAD is just the USCIS category code for the H4 visa Employment Authorization Document. https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS. It can be done safely and legally without violating any United States laws, but a lawyer would need to view the circumstances in order for you to be sure youre making the right decisions. The premium processing clock would only commence after the. It is not advisable to file more than 180 days before this date. Alternatively, your spouse can attempt to change his or her nonimmigrant status to a visa that permits spouses to work such as the O or E class visas. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. It is not a priority for Trump Administration. I imagine they will have to continue the biometrics suspension, but I suspect they were planning to do that anyway given processing times. However, since then both the cases havent moved any further. Premium processing benefits have been extended to other forms. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. This will incur an H-4 EAD visa fee of $410. Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. If renewal applicants cannot file more than 6 months in advance, but processing times exceed 6 months, a gap in employment authorization will result. L2 EAD. As per the final rule published (29 Mar 2022), USCIS will NOT be able to start premium processing for H4 and H4 EAD until 30 Sep 2024. USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . Once OMB approves it. USCIS has acknowledged that their backlog of applications to be processed is significant. NVC sends the foreign applicant the approval documents containing instructions about fees and the next steps in the process. Premium processing is an expedited adjudication service now available only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. Unfortunately, premium processing is not available for Form I-765. US Visa Approval & Refusal Rates by Country and Visa; H1B Visa Tracker (FY 2024) . . This may have been misleading to some H4 EAD holders who believed they were a part of that group. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. It is planned to be implemented by FY 2025. Will the premium processing for EAD also include L2 EAD? The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. It is set to be $1,500 USD as per regulation. Fragomen expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. Meaning it will start only after biometrics, fee, required documents are provided to USCIS and they believe the pre-requisites are met and application is complete. When slow EAD processing times began threatening peoples ability to exist in the United States, USCIS issued the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants. As noted in the rule's preamble: . It may take few months at least. USCIS will expand premium processing for Forms I-539 (application to change/extend status), I-765 (application for employment authorization) and I-140 (immigrant petition for alien work) as soon . Back in the pre-biometric days, USCIS used to show big heart and approve H4 and H4 EAD along with H1B premium as a goodwill gesture. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. Copy of your marriage certificate. This added unnecessary delays and increased processing time by up to 2 years. The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. USCIS will consider expediting requests for people who work in cultural or religious nonprofit roles, people who work for or in the interest of the U.S. government, and people who are critical, key workers in their workplace. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. No. An Alternative to Premium Processing: Submit an Expedite . How long have you and your spouse been married? Although the bill was passed, its provisions were never implemented. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. (213) 376-3107. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. Avvo Rating: 10. Regulatory . During Trumps government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. There is no concrete date given yet. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? You can file Form 1-765, along with Form I-539 and the I-129 at the same time. Readers are responsible for obtaining such advice from their own legal counsel. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. You can return home and perform temporary work in your home country. Other EAD categories (not H4) are eligible for the 180-day extension. How to Apply H1B after 6 Years to Recapture Unused Time, US Visa Stamping within USA News: Pilot Program for H1B Renewal. Hi, as of 2022/3/8, is this proposal at stage 4 or stage 8? This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. There are many factors that go into the H-1B processing time including whether your spouses petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. You can see a line-by-line breakdown of the individual components of this in the chart further down. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. Q. The first and most viable solution is to obtain a work visa yourself. As an internal management metric, cycle times are generally comparable to the agencys publicly posted median processing times. To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization. A key worker is someone whose employment makes the normal operation of a workplace possible. You can apply for your own green card through an employer by pursuing the EB-1, EB-2, or. H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today. . USCIS processes the premium processing request and makes a decision on the application. . Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. If you have a significant sum of money to invest, you may qualify for an, The first and most viable solution is to obtain a work visa yourself. The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it.
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