There are two ways to qualify for an H-4 EAD:
(1) Spouse with an approved I-140, Petition for Immigrant Worker, and
(2) Spouse in an H-1B “period of stay” including time under AC21 §106(a), much more complicated.
I-140 Based H-4 EADsIf you qualify under the first group, an H-4 EAD based on an approved I-140, requesting the EAD is fairly simple to do on your own. I have posted basic H-4 EAD filing instructions here. My office only prepares these I-140-based H-4 EADs as a courtesy for our current H-1B clients and their families since we already have their full H-1B and H-4 records. However, we rarely offer to prepare I-140-based H-4 EADs for non-clients. It is easy to do on your own, and unless there are special complications, the service is not worth the fee I would have to charge to cover our time and expenses.
H-4 EAD under AC21 §106(a)My office WILL prepare and file §106(a) H-4 EADs for anyone, even if their H-1B spouses are not our clients. We do this because proving H-4 EAD eligibility under §106(a) can be complicated and there are people who need assistance.
During our consultations, we have seen many Requests for Evidence asking for documents that were not submitted, and even some cases where so much unnecessary evidence was sent that it created confusion. Since most 106(a) EADs are only for a short duration, these mistakes can shorten the EAD’s validity period. Additionally, some H-4s are unable to get assistance with their H-4 EAD from their spouse’s employer or attorney. While many people request their H-4 EAD on their own, and I do not discourage this, some prefer to seek qualified assistance.
For first-time clients, the amount of time necessary for us to fully chart and document the H-1B’s and H-4’s immigration history is reflected by the higher fee. We are very thorough, leaving little to chance.
Base Attorney Fees -- H-4 EAD based on §106(a)
If this is the 1st H-4 EAD prepared by Austin & Ferguson, LLC
$450 Current H-1B/H-4 clients
$700 New H-4 only clients
If the previous H-4 EAD was prepared by Austin & Ferguson, LLC
$200 Current H-1B/H-4 clients, EAD filed separately
$ -0- Current H-1B/H-4 clients, EAD with H-4 Extension
$400 H-4 only client
As is required before accepting any new client, a consultation with an attorney is necessary to discuss the case and answer any questions about their immigration situation. Information on scheduling an attorney consultation can be found here.
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