I had filed for renewal before the expiration. Permanent residents and naturalized citizens also do not need EADs as they are authorized to work based upon their status . No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. 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. As of January 2017, the USCIS is providing a. to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. USCIS premium processing will be available for H4, L2, EAD, F1, and EB1-C i-140 applications. 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. If you need help with your EAD or your H4 visa, wed be more than happy to assist you. USCIS has shared a new term called cycle time. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. Oct 16, 2020 - The USCIS issues a press release with the following updates: Premium processing fees for H1B categories have been pushed up to USD 2,500 according to Public Law 116 - 159. I am thinking of upgrading my h1 to premium processing .. so is there any way USCIS also approve H1 with H4 in premium processing thought we havent filed together read more Wait for your date to become current 6. Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. The premium processing time for H4 EAD application cannot exceed 30 days. Hello @Anil_Gupta , Thanks for your prompt response. What does that mean? If USCIS can improve its internal organization and move through its backlogs, its likely that standard H-4 EADprocessing times may decrease. 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. USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants. To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). The fee will vary from $1500 to $2500 for other types of applications. It is called public law 116 159. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. The premium processing clock would only commence after the. Dropbox ? [ 67] You can check service center H4 EAD processing times here. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. Processing time 15 to 45 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. Once the biometric screening requirement is removed, regular H4 EAD applications could be processed in a month. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. Biometric Appointment in Premium Processing Cases? Your personal information is protected by our Privacy Policy. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center. There is no guarantee that USCIS will expedite your EAD processing once you ask. Unfortunately, H4 EADs cannot be premium processed. i485 EAD processing time is 2 to 6 months at the National benefits center. As we have been pushing for since we started litigating these in 2019, USCIS will return to concurrently processing L2 and H4/EAD filed with the I-129. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Please comment on this one. Youre still working in your home country. Thanks. 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. . Big winners are H-4 spouses. Sorry for that. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . 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. 2. So there is no need to worry about having your petition rejected on that account. But its still good news for us. Thanks. The premium processing clock, when someone. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. The premium processing fee for H4 visa extensions and change of status(COS) using form I-539 form is going to be $1,750, The premium processing fee for H4 EAD using form I-765 form is going to be $1,500, The premium processing time for H4 EAD using Form I-765 is going to be 30 Days. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . Premium processing for H-4 EADs will allow people to pay an additional fee to file expedited requests and have documents or paperwork processed by USCIS in a much shorter time frame. If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. The premium processing time for H4 visa using Form I-539 will be 30 Days. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. The H4 EAD category C26 is not eligible for the 180 day automatic extension. If you have not filed your Form I-907, or have . The premium processing fee for current eligible categories such as H1B, L1, I-140 and other categories will be increased to $2,500 USD from $1440 USD. I have y wife h4 pending for 4 months. However, the H-4 EAD premium processing will decrease the wait time to just 30 days! USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. Will the beginning validity date on the employment authorization document be backdated by USCIS to the start of the H-4 status if the I-539 is processed before the I-765? Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Speak with your immigration attorney to learn how you can best approach your interview. any updates after the new govt is in power now? We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. H-4 visa spouses need an EAD to work in the United States and contribute to their household. No. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. Weve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit. Once approved, the B2 visitor visa extension should be processed in under 30 days. 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. 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. The H4 EAD application is filed with USCIS. 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. Request a confidential consultation today. This is particularly helpful for those that have applied for adjustment of status but need to travel out of the country in the interim. 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 long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. Processing time 15 to 45 days. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. USCIS premium processing will NOT be available for H4, EAD until FY 2025. You must release your work exclusively through a company outside of the United States. a week to ten days to receive your card. USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders. Good news for families of foreign nationals working in the US! Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Your relationship to the H-1B immigrant. 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. Update on Suit Over Government Delays in Adjudicating Approval of H-4, L-2 Visa Extensions. 2023 AM22Tech| N-400: Application for Naturalization; Useful Info. The Trump administration made certain changes to the immigration process that extended the duration of the process to an . 447 reviews. Read More. Here is a breakdown of the new USCIS premium processing time and fees. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. Any new updates on H4, H4 EAD premium processing? This added unnecessary delays and increased processing time by up to 2 years. This visa status is contingent upon the principal H visa holders status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines . Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Most probably, early next year, USCIS will start premium processing for H4 EAD. USCIS processes the petition, which can take several months. The H4 EAD application fee is $410. However, they may do so if they choose EAD. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion.
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