Documents Needed For H4 EAD Application form checkList USCIS

Documents Needed For H4 EAD Application form checkList USCIS Documents Needed For H4 EAD Application form checklist USCIS

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:

  1. Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  2. 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”.

Click here for latest H4 EAD news H4 ead latest news update (August 2019) timeline rule revoke.

H1b Spouse H4 Work Permit, Rule And Authorization.

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