Updated December 30, 2015
The comments on this post were from a live discussion on H-4 EAD issues held on Saturday, May 23, 2015. That discussion has ended and this post is now closed to comments.
See more recent H-4 EAD Updates
See How to File I-140 Based H-4 EADs on Your Own.
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I am going through the required documents list, confused with the point "Your basis for eligibility"
ReplyDeleteI am in the below scenario:
--> My Spouse has Approved I140 from the current employer but not the actual I140 (I797) - Approved copy (As Employer will not share the same)
--> we are here for more than 6 years and extended the H1B based on I140
--> We have valid stamping in Passport till Jan 2017
--> Filed FOIA and got the document related to I140
--> We know the I140 Receipt Number (SRC)
If at all I wanted to convey the I140 Receipt number, how do I can communicae USCIS?
Kindly request to help me on what documents should i have to send to prove "BASIS OF ELIGIBILITY"
Good morning! What document did you recieve in the FOIA that shows the I-140 case number? Was there a copy of the I-797 receipt?
DeleteNagaraju- If you have the I-140 receipt number but no receipt, all that is necessary is to attach a very simple letter explaining the situation. Nothing complicated.
DeleteJust say the employer did not give you a copy of the receipt, but the case number is xxx. Sign and date the statement. If you did a FOIA, you can also attach to your statement a SINGLE page from the FOIA that shows the receipt number.
Perfect, Thank you very much
DeleteQuestions on I765
ReplyDeleteI am assuming below answers for the questions, please correct me if anything is not appropriate
10. Latest I94 Number Provided
11. Place of entry into USA - Just mentioned the Place not State - Example: BOSTON
14. Status at Last Entry - H-4 Dependent or H4
15. Current Immigration Status - Dependent or H-4 Dependent or H4
16. Eligibility Category - (c) (26)
17. I belive this is not related to H4 EAD - so just ignored this question
18. Latest Receipt Number of H-1B holder
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Question on Payment $380
can i use my SPOUSE PERSONNEL CHEQUE?
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A government-issued identification document with photo
I am planning to keep the first page of the passport which shows Photo and other details, please confirm whether
this page alone is sufficent?
Q.13- Place of entry- If you want, you can just use the three-letter designation from your passport stamp.
DeleteQ.14- Status at entry - "H-4". Nothing else!! Do not make this more complicated than it needs to be.
Q.15.- Current status - "H-4". Keep it simple.
Yes, ignore Q.17.
Yes, you can use anyone's check.
And, yes, a copy of the biographic page of a valid passport is good photo ID.
Hi.. Thanks! (Not sure why my post does not apear.. so I am writing again). Can we send our application to USCIS today and ensure it reaches USCIS on 26th May. If yes, what date should we put under the signature in the form I765? Thanks for your time.
ReplyDeleteYes. Date the I-765 on the day you signed the application. It does not matter that it was signed before filing opens for H-4 EAD.
DeleteThank you Attorney Austin for doing this again! I am H1b and my wife is H4 now but before she was H1b. On Question 11 does she have to put her prior H1b as employment authorization?
ReplyDeleteNo. Q11 only refers to prior EADs. You do not have to list any prior applications for a nonimmigrant status that requires employment as part of the status.
DeleteCan the application be hand delivered in the lock box facility? (If yes, I am planning on sending my application to my brother in Dallas and he can hand deliver first thing on 26th May morning).
ReplyDeleteNo. It must be mailed or sent by licensed courrier.
DeleteHi Can I send the application today so it reaches 26th morning? I have everything ready except i765 signature date.
ReplyDeleteYes, you can mail your application today for a Tuesday delivery. Filing for H-4 EADs begin on May 26, and an application is considered filed on the date it is accepted by USCIS for processing, not the date it was mailed.
DeleteCan we use AMSCOT Money Order for the filing fees?
ReplyDeleteI am not familiar with AMSCOT, so I cannot say if it can be used.
DeleteThe preferred method of payment by attorneys is a personal check. On those rare occasions when things go wrong, receipts are not issued or lost in the mail, we can track the case by the check. It is easily to determine if the check has been cashed, the date it was cashed, and USCIS puts the filing receipt number on the back of the check.
we are planning to travel in Jun 1st week. We have valid I-94 along with petition but visa got expired last OCT. We are going for visa stamping as well.
ReplyDeleteIn this case Can we apply EAD now?
Yes, as long as you are still in the U.S. in valid H-4 status on the day the I-765 is filed. When issued, the EAD will be valid to the end of your H-4 authorized stay.
DeleteThe visa in your passport has no effect on your status once you enter the United States, it is only used for entry.
Thank you for your reponse, so we can travel out side US after we filed (the application is pending with USCIS)?
DeleteYes, you can travel out of the U.S. after the I-765 has been filed and while it is pending with USCIS.
DeleteOf course, remember that this is different than an request to change or extend your H-1B/H-4 status, where departing the US may cancel the request.
Can USCIS check whether person is out of US while processing I-765 based on I-94 which we are going to submit with application? If the found person is out of US then they may consider submitted I-94 invalid and raise RFE to get new I-94 to have new valid expiry date and may delay EAD?
DeleteThank you so much..Appreciate your effort and time..
DeleteYes, USCIS can try to determine if you are in the United States, but being out of the US does not cancel the I-765.
DeleteWhile my H4 EAD I765 application is processing, can the H1B Spouse change job? If yes, how does it impact the I765 application? Is it valid? Or we have to resubmit the application with the new H4 for the new employer of my spouse?
ReplyDeleteSame question for change of job after i get my H4 EAD.
If you qualify for the H-4 EAD (approved I-140 or 106(a)), the EAD is based on you being an H-4, not based on who is employing the H-1B. As long as you remain in valid H-4 status, and the H-1B remains in valid status, it does not matter who is the employer.
DeleteCan the H1B spouse give a check on H4 spouse's behalf? Also the H1B Spouse check has an old address is that ok? Do we have to hand write the latest address on the check?
ReplyDeleteSure, just correct the address by hand. No problem using an other person's check.
DeleteCan we sign I-765 before 26th May and send it to USCIS as long as if we make sure it will reach on or after 26th May? Do you see any chance of rejection of our application if sign date is before 26th May?
ReplyDeleteHonesty. Use the date that you signed the form.
DeleteEveryone- If you signed on the 22nd, date it the 22nd. If you are using an older version of the form (which is allowed!) and signed it on the 19th, then date it the 19th.
I myself( H4-EAD applicant) used my H1B spouse's personal check towards the filing fee and already sent the application. But my spouse's personal check has old address and we did not correct the address by hand, but just left as it is. Is that okay?
DeleteI used the older version of the form( i.e the form with edition date of 08/06/14), but that form did not have Q#18 which is now in the newer version of the form. Is it okay?
Also, though i "actually" singed the old form on 22nd May, i mentioned the signed date on the form as 26th May to avoid any confusion and mailed out the application yesterday
(22nd May). We did the same on the filing fee check as well - dated the check as 26th May though it was actually signed on 22nd May. Is that okay?
Please answer all 3 of my questions at once. Thank you!
My, you like to live dangerously.
DeleteRelax. 98% of the time, nothing you did will cause your case to be rejected.
But the way you signed does tell USCIS something about you. One must not look at these applications as just a bunch of boxes to complete in a way that will give you the best chance. USCIS wants you to give truthful answers, not some answer you that you think they want to see or that will get your case approved.
These are humans reviewing these applications. They know you did not sign on the 26th, yet you are said you did. If they know you intentionally gave inaccurate information in one place, even something as minor as the date, I would expect them to examine closely all of your other answers.
Hello ,
ReplyDeleteThis is my situation
1. I -140 approved with employer A
2. Switched to employer B after 6 years on H1B and got 3 years ext based on I-140 approval.
3. Employer A revoked I-140 and new employer yet to file for I-140/PERM
I am on 8th year of my H1B .
Is my spouse eligible for H4 EAD?
I see different answers!Some say YES and some say NO
Please answer!
Thanks
Jay!
Hi Jay- You get different answers because because the answer is different depending on the particular circumstances.of each cases!
DeleteStart with the obvious fact: If there is no approved I-140 (unrevoked) right now, then there is no H-4 EAD eligibility based on an approved I-140. That part is clear and is the reason for the "no" answers.
But-What about the second eligibility requirement- time approved under 106(a)? That is where the analysis gets complicated and requires many more facts than we have here.
Thank You So much Austin,
DeleteWhat are the other facts we need to consider for the second criteria?I am already in my 8 th year of H1b.
If H1b is extended beyond 6 years on an approved I-140 for 3 years does it come under 106(a)?I am getting confused answers as some say it comes under 104(a).
Once again thank you so much for the time and help !
If the H-1B was extended beyond six year because of the approved I-140 (and visa not available), that was under 104(c), not 106.
DeleteTrying to find 106(a) eligiblity after I-140 revocation is very case/fact specific. We'd look at the basis for prior extensions; revocation dates and reasons; dates and eligibility factors for the next possible extension.
Pardon the slow answers. This is a weekend, so I am also trying to watch a replay of the Super Kings v Royal Challengers match.
ReplyDeleteNo problem... did not know Americans watch cricket and that too domestic Indian IPL...
DeleteI am in a family of four advanced baseball/softball coaches. We appreciate the great physical skill required for the game.
DeleteIPL? What can I say? Enthusiastic crowds and cheerleaders!
Where ever it says I797 Approval Notice... Are they asking for I-797C or I-797A ... I have a I-797C where the dependents(wife+kids) are listed and I-797A which has her name exclusively.. Which one should be attached?
ReplyDeleteI can tell you that most attorneys do not know or care of the differences between the different I-797s.
DeleteThe important words are "Approval Notice". What is it you are trying to prove? H-1B or H-4 status? I-140 approval? Use the notice that shows who was approved, what was approved, and the dates covered by the approval notice.
Cashiers check just mentions remitter name, do we need to mention anything more on that
ReplyDeleteNothing more is required than name and address, but this is not usually enforced.
DeleteLet me give you the attorney view of filing fee checks. There are strict legal requirements we have to meet when handling other people's money, so most reputable attorneys have a special bank account to keep that money separate from our own. All filing fees from our office come from that "trust" account, and on each check we put enough information about the client to identify the purpose for the check. Why?
Sometimes packages sent to USCIS become torn apart at the post office or at USCIS. Sometimes checks get separated from the applications. You want sufficient info on the check to help reunite it with the correct forms.
The reason for many of the everyday actions taken by immigration attorneys is to prepare for and avoid these little disasters!
I am applying for h4EAD on May 26th. I will be out of US from July to Oct mid and my H4EAD will be processed some where during the time I am out of US. Will that be a problem? Should I wait and apply after a month so that I will be back in USA while my h4EAD is in process?
ReplyDeleteThese are tough questions because we are all trying to predict future USCIS actions with little information.
DeleteIn the Q & A, USCIS says you can travel while your 765 is pending. There are few past immigration events from which we can draw an analogy, but this USCIS position conforms with some of their past actions.
Here is the point. There is no law or regulation that forbids them from issuing a work card in your name, even if you are not in the U.S. at that moment. (This also happens in one other category). So yes, USCIS says you can travel in the Q&A. And, yes, they have the authority to issue the EAD if you are not in the US.
BUT- there also is no law or regulation that says they cannot change their position at any time, and changes in policy are common.
I know it is frustrating for people to have to deal with a government agency that cannot give clear, definitive answers to direct questions. Immigration attorneys live that frustration daily.
Hi James, Whats the advantage of I539 and I765 concurrent processing if 765 is only processed after 539 is adjudicated. Is it not similar to applying it sequentially? I don't understand why USCIS is calling it concurrent when it's not. Will be great if you can explain more on it. Thanks.
ReplyDeleteThe 'concurrent' refers to filing at the same time, which is something USCIS is not required to do, but allows as a courtesy in a variety of circumstances.
DeleteIn the H-4 EAD context, sometimes it will be useful, sometimes not. Depends on the circumstances. If it is just a choice between filing concurrently or one after the other, concurrently should save at least a couple of weeks. Avoids having to wait for the EOS approval notice, mail time to file the 765, the fee ck has already been processed and form packaged and routed to an adjudicator. We will see how this all plays out, but I almost expect that most 765s filed concurrently will be processed very quickly after the change/extension of status - well within 90 days.
USCIS has a love-hate relationship with the regulation that requires them to decide I-765s within 90 days. They use it as a shield to explain why EADs are not done quickly, and then ignore the regulation when cases take over 90 days. Believe me, I've been watching this "90-day" dance for over twenty years.