Eligibility for H4 EAd (As mentioned in the USCIS website)
You are eligible if you are the H-4 dependent spouse of an H-1B non immigrant if your H-1B non immigrant spouse:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted H-1B status under sections 106(a) and (b) of the AC21. Under AC21, H-1B non-immigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.
Documents Needed For H4 EAD Application Checklist
- Form I-765, Application for Employment Authorization.
- Proof of Your Status – Current I-797 form approval notice for I539 (extension of stay under h4 category) or form I-94 that shows your entry on h4 category.
- Relationship Proof – Copy of Marriage Certificate
- Form G-1145 for E-Notification. It is optional. If you want notification by email/sms then only attach this.
- A copy of last EAd if applicable.
Your basis for eligibility: Now you have two conditions. If you see the eligibilty conditions above. There are two points and you will fall under one point.
If you already have I-140 approved provide below documents for work authorization.
1. Work Authorization doc for I-140 approved candidate (Eligibility condition 1). The below doc will provide evidence that you are the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker
- You can prove above point by submitting a copy of the H1B non immigrant’s Form I-797 approval notice for Form I-140 filed for the H1b non immigrant.
2. Work authorization doc for H1b beyond 6 years under sections 106(a) and (b) of the AC21 (Eligibility condition 2).
1. You need a copy of the H1B non-immigrant’s passports, prior Forms I-94, and current and prior forms I-797 for Form I-129 petition for a non immigrant worker; and
2. Evidence of the H1B non-immigrant’s extension of stay, can be provided by proving below A or B documents.
A. Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B non immigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins.
You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B non immigrant’s Permanent Labor Certification Application.
If more than 180 days have passed since DOL certified the Permanent Labor Certification Application, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of such DOL certification;
B. Based on a Pending Form I-140. Submit evidence that the H-1B non immigrant’s Form I-140 was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins. You may show this by submitting a copy of the Form I-797, Notice of Receipt, for Form I-140.
Secondary Evidence: Secondary evidence is required if you do not have any evidence relating to the H-1B non immigrant as described in “A” or “B” above. You can ask USCIS to consider below secondary evidence in support of your application for work authorization as an H-4 spouse.
- Receipt number of the most current Form I-129 extension of stay request filed for the H-1B non immigrant.
- The receipt number of the approved Form I-140 petition filed for the H-1B non immigrant.
Note: If you fail to provide necessary information about the H-1B non-immigrant then it may result in a delay in the adjudication or denial of your application for employment authorization.
What is the fee for H4 EAD Application
The fee for h4 EAD is $ 380. They do not accept cash or credit. You need to submit a cashier’s check of $380 to “US department of Homeland security”.
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