Most entries below contain actual legal discussions of events directly related to Filipinos in or immigrating to the United States.
Remember- These writings are provided for general information only and do not constitute legal advice, nor do they create any attorney-client relationship. Each person's needs and requirements are different and require a personal evaluation to determine the proper legal course of action.

Thursday, March 23, 2017

H-4 Extensions and H-4 EAD Processing Delays

When an initial or extension H-1B petition (Form I-129) is filed under the Premium Processing program, it is common to also include the H-4 applications (Form I-539) for family members and a request for an H-4 EAD (Form I-765) for the spouse.  The advantage of filing all of these requests together is that USCIS usually decided the H-4 application and H-4 EAD in the same quick time period as the H-1B petition.

USCIS has advised AILA that certain H-4 Extensions and H-4 EADs filed with the I-129 under Premium Processing might no longer be decided simultaneously. 

USCIS previously announced the Premium Processing program would be suspended for up to six months beginning April 3, 2017.  Because of the announced suspension of the program, USCIS is now receiving a substantial increase in the number of H1B/H4/H4EAD requests filed under Premium Processing.  In order to complete the review of the main H-1B petitions in the required 15 days, a decision on the accompanying H-4 and H-4 EAD requests may be delayed.

Remember, the Premium Processing program only guarantees that USCIS will review the H-1B petition within 15 days; USCIS is never required to also decide the family’s applications in that same amount of time.  USCIS has long advised that the quick adjudication of the extra applications from the family  was being done only as a convenience to the applicant as time allowed.

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