Q. If your spouse has an approved I-140 filed with the USCIS (which they will need if you are to qualify for an EAD), then you can wait until your spouse obtains their green card so that they can sponsor you for an F2A green card. Not sure which option is right for you? US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. The new card is valid from Jan 2023 till Jan 2025. You cannot release it independently while youre in the US. This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. Through this rulemaking, DHS will set those fees established by statute at 8 U.S.C. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. Hi, will there be a 60-day comment period post publication of the rule in the federal register? If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? They have a thorough knowledge of the H-1B process and this new EAD rule. If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short. 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). An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. If approved, USCIS sends an approval notice to the applicant. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. Q. What is the current processing time of application filed in vermont SVC ? 3. an unexpired I-94, showing valid H-4, L-2, or E dependent nonimmigrant status; Premium Processing For H4 EAD Extension. . 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. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Improving Access to Employment Authorization Documents, USCIS continues to make progress toward a temporary final rule currently named Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.. Employment Authorization for Certain H-4 Dependent Spouses | U.S. She will lose job in another 2 months. As per the final rule published (29 Mar 2022), USCIS will NOT be able . As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. These are just some questions that may or may not appear in your interview. Big winners are H-4 spouses. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. See the below timeline for additional details. 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. Does that jeopardize H4 EAD or my H1B transfer? Therefore, you must be in the U.S. to apply. The final regulation in federal register is effective from May 31st, 2022. USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. Looking for U.S. government information and services? Other EAD categories (not H4) are eligible for the 180-day extension. Once Biden administration takes office, they make take it up. What's worse, if concurrently filing the H-4 EAD renewal . USCIS Final Rule Implements Premium Processing Provisions of Emergency Stopgap USCIS Stabilization Act . These visas in particular also allow dependents to work in the U.S. Keep in mind that changing ones status can be tricky, especially when you have an approved I-140 pending with the USCIS. USCIS tweets how much they care for applicants regularly but never responds to the complaints that people make on those tweet threads. L. No. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. It is not advisable to file more than 180 days before this date. They are prioritizing F1 OPT for Form I-765 in FY 2022. Key Takeaways: The H4 EAD processing time varies depending on several factors, and each USCIS service center has different time statistics. Receiving a request for evidence can surely add time to your case. You will need a physical card per I9 compliance to work. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Can you please clarify about the latest news that being circulated on Twitter regarding h4 ead premium processing? 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. You need to be at the screening location at the scheduled date and time. Pay one Premium fee for H1B, H4, EAD by filing together? Hi Anil, Hefty backlogs make processing time longer, and USCIS has a plan to fix that. USCIS has once again shown that the priority is EB1 and not EB2 or EB3 categories. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. USCIS will provide option for H1B visa holder dependents, who are H4 Visa holders, to file Extensions and Change of Status (COS) applications that are typically filed using Form I-539 in Premium processing. File it now, and it will be approved before premium processing is implemented. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. 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. Before you can apply for your EAD, you will need to obtain the H-4 visa, which will likely require an interview if you are not already in the U.S. under a different nonimmigrant visa. When someone comes to the United States to work in a specialty occupation with an H1B visa, they have the ability to bring their spouse with them on an H-4 visa. However, you should consult an immigration attorney before making any decisions to avoid falling into any legal situations that could jeopardize your status. People on non-immigrant work visas dont need an EAD because their employment is a condition of their visa. You cannot start a job in the US until you have your EAD. H4 EAD Application processing time for applying for approval (without RFE) usually takes 30-90 days from the date of receipt. WebI-140 and I-485 Concurrent Filing; Immigrant Visa Processing; Non Immigration Visas . Any situations not addressed below should be addressed with a qualified immigration attorney. View Profile. Any request that involves lengthy research or correspondence with USCIS isnt eligible for premium processing. H4 and L2 extensions premium processing timer will not start until the primarys H1B or L1 extension has been approved. The H4 EAD application fee is $410. Below is our H4 visa EAD FAQ series based on information released by USCIS. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. Fortunately, this is not a one-time opportunity. What Will H-4 EAD Premium Processing Cost? Its connected to your spouses or your parents visa. In a situation like that, you need to know what your alternatives are. The only way to get employment authorization, in this case, is to already have H-4 status. DHS hopes to have H-4 EAD premium processing available by the year 2025. 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. Contact Us, Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech. While it is possible for you to travel without directly jeopardizing your status, it is usually not recommended to do so until your EAD has been approved. (213) 376-3107. So there is no need to worry about having your petition rejected on that account. It is planned to be implemented by FY 2025. 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. Signed by President on 1st October. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. You can check service center H4 EAD processing times here. Any update on it ? It may take few months at least. How long have you and your spouse been married? To reduce the agencys pending caseload, USCIS is establishing new internal cycle time goals this month. WASHINGTON Today, U.S. USCIS should announce the date of the premium processing service start for the new types of applications soon.The bill has just passed Senate on Sep 30, 2020. The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . what time line we can expect to use premium processing option? If youre a hobby baker who makes cakes for friends or family or makes clothes or crafts to sell online, you still need an EAD to do it. USCIS processes the petition, which can take several months. It is not mentioned in the settlement agreement. This would violate the EAD rules. The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. What's New on VisaGrader? Proposed Filing Fee Increases. Topics. The premium processing time for H4 visa using Form I-539 will be 30 Days USCIS H4 EAD Premium Processing The premium . This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status. The rule codifies premium processing fees and adjudication timeframes provided by Congress. I recently renewed my green card EAD; the first EAD card expired on 04/2019. Your spouse can obtain citizenship in the U.S. after obtaining their green card and then sponsor you for a marriage-based green card for a much faster process. When will this good news go into effect? Yes. EB1-C i-140 premium to start in 2022. Starting January 25, 2023, USCIS will once again adjudicate H-4/L-2 EADs and Changes/Extensions of Status filed at the same time as H-1B/L-1 Petitions filed with Premium Processing. It can be a tricky situation if you want to work outside the country without an EAD. The agencys publicly posted processing times show the average amount of time it took USCIS to process a particular form from when the agency received the application until a decision was made on the case. H4 & EAD premium processing starting May 31, 2022. See the below screenshot for both H4 and H4 EAD premium processing details. Share sensitive information only on official, secure websites. Avvo Rating: 10. This bill contained provisions for H-4 visas to make the process simpler. Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.. No. This is a hefty sum, but 30 days . Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouses name. As Sep21 approaching soon is there any update on Premium processing for H4, (I-539) H4EAD(I-765). Below are the screenshots that indicate the same. How long does a Request for Evidence take? Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner.
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