The H-4 EAD requires both the H-1B worker and the H-4 spouse be maintaining H-1B and H-4 status respectively. If I lose my H-1B job will the H-4 EAD card be invalid? With DOL an I-140 petition that was filed with USCIS at least 365 days prior to the end of the 6th year in H-1B status. The narrow exception to this onlyĮffects individuals who have extended their H-1B beyond the 6th year based on a labor certification that was filed Moreover, in most cases, theĢnd step of the permanent residency case, the I-140, must be approved. Individuals who have not started the permanent residency process are not eligible. Can my spouse get H-4 work authorization? I am in H-1B status but haven't started the permanent residency process and/or my labor cetification case isn't filed In a Teleconference on, the USCIS indicated it is possible the EAD would beĪpproved at the same time as the H-4 status, but the USCIS would have up to 90 days from petition approval In advance of the expiation date however, the rule has been modified to allow H-4 EAD requests to be filed with the Normally, EAD's may only be filed 120 days Please note: under H-1B/H-4Įxtension rules, a petition may be submitted up to 6 months in advance. Yes, the EAD may be filed at the same time as the H-1B/H-4 extension is filed. H-4 status is renewed for as long as the H-1B worker and H-4 spouse maintain their status.Ĭan we file for the H-4 EAD together with an H-1B/H-4 extension request? I-797 Notice of Action (or I-94 if the H-4 application was made abroad). It will expire on the same date as the H-4 expiration indicated on the The H-4 EAD will be valid onlyįor the validity period of the H-4 status. The H-4 EAD will be valid for a maximum period of 3 years, but may be much shorter. On, the USCIS indicated that it is possible the H-4 EAD would be approved concurrently with the H-4,īut the USCIS would have up to 90 days from petition approval to adjudicate the EAD. If an H-4 petition is stillīeing reviewed by the USCIS, the 90 day clock will not start until the H-4 is approved. The EAD will be adjudicated within 90 days, provided the individual is already in H-4 status. How long will it take for the work authorization to be approved? If the H-1B worker does not satisfy either of the above requirements, the H-4 spouse is not eligible for an H-4 EAD. Have been granted H-1B status beyond the 6th year pursuant to the American Competitiveness in the 21st Century Act based on a labor certification that was filed with DOL or an I-140 petition that was filed with USCIS at leastģ65 days prior to the end of the 6th year in H-1B status. Have an approved Form I-140, Immigrant Petition for Alien Worker or
Who is eligible for H-4 work authorization?Įligible individuals include H-4 dependent spouses of principal H-1B workers who:
Regulations To Obtain H-4 Status/Work Authorizationġ0. Can My Spouse Pay In-State Tuition If Studying On The H-4?ĩ.