1. How do I get an H-4 EAD?

In order to get an H-4 EAD, you must be the spouse of a principal H-1B visa holder and apply for the employment authorization document (EAD) through U.S. Citizenship and Immigration Services (USCIS). The application process includes submitting an I-765 form along with supporting documents and the appropriate filing fee. After the application is approved, you will receive an EAD card that will allow you to work in the U.S. for a specified period of time.

2. What are the eligibility requirements for an H-4 EAD?

The eligibility requirements for an H-4 EAD are:
#1. The applicant must be the spouse of an H-1B visa holder
#2. The applicant must have Form I-765, Application for Employment Authorization, filed on their behalf
#3. The applicant must have an unexpired Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS)
#4. The applicant must not be subject to the two-year home-country physical presence requirement, otherwise known as the 212(e)
#5. The H-1B visa holder must have an approved I-140, Immigrant Petition for Alien Worker, or have had their H-1B visa extended beyond the 6 years limit based on the filing of an I-140
#6. The H-1B visa holder must have an approved I-485, Application to Register Permanent Residence or Adjust Status, or had their H-1B visa extended beyond the 6 years limit based on the filing of an I-485.

3. How long does it take to get an H-4 EAD?

It typically takes 60-90 days to receive an H-4 EAD once an application has been submitted.

4. Do I need to be in the U.S. to apply for an H-4 EAD?

No, you do not need to be in the U.S. to apply for an H-4 EAD. However, if you are outside of the U.S., you will need to submit your application to the USCIS National Benefits Center in the U.S. The application must be mailed to the address listed on the application form.

5. What documents do I need to apply for an H-4 EAD?

To apply for an H-4 EAD, you will need the following documents:

1. Form I-765 (Application for Employment Authorization).

2. A copy of your Form I-94, Arrival/Departure Record.

3. A copy of your H-4 visa or I-797 Approval Notice.

4. Two passport-style photographs taken within 30 days of your application date.

5. Proof of your relationship to the principal H-1B holder (e.g., marriage certificate, birth certificate).

6. A copy of the principal H-1B holder’s Form I-94, Arrival/Departure Record.

7. A copy of the principal H-1B holder’s Form I-797 Approval Notice and valid visa stamp.

8. The required filing fee in the form of a check, money order, or cashier’s check made out to the “U.S. Department of Homeland Security”.

6. How much does it cost to apply for an H-4 EAD?

The filing fee for Form I-765, Application for Employment Authorization, is currently $410.

7. Can I work full-time on an H-4 EAD?

Yes, you can work full-time on an H-4 EAD. However, you must make sure that you are compliant with the regulations of the U.S. Citizenship and Immigration Services (USCIS). The regulations require that you are in valid status, that you have not violated your H-4 EAD, and that you have not engaged in work unauthorized by USCIS.

8. What is the validity period of an H-4 EAD?

The validity period of an H-4 EAD depends on the expiration date of the primary H-1B worker’s approved I-797 form. It can be issued for up to two years and can be renewed indefinitely as long as the primary H-1B worker’s status is valid.

9. Is my spouse allowed to work if I have an H-4 EAD?

Yes, your spouse is allowed to work if you have an H-4 EAD. Your spouse must obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) in order to work legally in the United States.

10. Can I travel outside the US while I have an H-4 EAD?

Yes, you can travel outside the US while you have an H-4 EAD. However, you must be aware of the rules and regulations regarding travel with an H-4 visa. You should also be aware of the restrictions on how long you can remain outside of the US with an H-4 EAD.

11. Does having an H-4 EAD mean that I am a permanent resident of the US?

No, having an H-4 EAD does not mean that you are a permanent resident of the US. An H-4 EAD is issued to certain dependents of H-1B visa holders, and it allows them to work in the US for a specific period of time. It does not confer any other immigration benefits, such as the right to live and work in the US permanently.

12. How often do I need to renew my H-4 EAD?

Your H-4 EAD must be renewed every two years. If your H-4 status is still valid, you can renew your EAD up to 120 days before the expiration date.

13. Is there a limit on how long I can stay in the US with an H-4 EAD?

No, there is no limit on how long you can stay in the US with an H-4 EAD. However, keep in mind that your visa status will still be tied to that of your H-1B visa holder spouse, so if their visa expires, yours will as well, and you may have to leave the US.

14. Are there any restrictions on where I can work with an H-4 EAD?

No, you can work anywhere in the United States with an H-4 EAD.

15. Do I need to notify USCIS if I change jobs while having an H-4 EAD?

Yes, you will need to inform USCIS if you change jobs while having an H-4 EAD. You should update your Employment Authorization Document (EAD) with your new job information and submit a new I-765 form.

16. Can my spouse and I both work with two separate H-4 EADs?

Yes, you may both work with two separate H-4 EADs if you are both eligible.

17. Are dependents of a primary visa holder allowed to work legally in the US with an H-4 EAD?

Yes, dependents of a primary visa holder are allowed to work legally in the US with an H- 4 Employment Authorization Document (EAD).

18. Are there any special tax requirements for people with an H-4 EAD?

Yes. People with an H-4 EAD must comply with the same tax requirements as any other U.S. resident, including filing an annual income tax return and paying taxes on earned income. In addition, any H-4 EAD holder with investment income must also report and pay taxes on that income.

19. Can I start a business in the US on an H-4 EAD?

Yes, you can start a business in the US on an H-4 EAD. However, it is important to note that some of the restrictions placed on H-4 EAD holders may affect your ability to operate your business. For example, H-4 EAD holders are not able to travel outside of the US for business purposes. Additionally, certain types of businesses may require additional visas or permits in order to be legally operated. If you are considering starting a business in the US on an H-4 EAD, it is important to check with the appropriate government agencies to ensure that you are able to operate your business legally and within the confines of your visa status.

20. Are there any other types of employment authorization documents that I can apply for besides the H-4 EAD?

Yes, you may be eligible to apply for other types of employment authorization documents depending on your specific circumstances. Some of these include the O-1 visa for individuals with extraordinary ability, the TN visa for citizens of Canada and Mexico, or the L-1 visa for individuals transferring between related companies. Additionally, some individuals may be eligible for asylum or refugee status, which can provide work authorization. It is important to research the different options available and consult an immigration attorney if you have questions.