H4 EAD is a final rule. Finally H4 EAD is here!

[shah]

For those H1B holders with an approved I 140 or those who are eligible under AC 21

If you need to file for an EAD call us at 510 742 5887

[Jitender]

H4 EAD- questions

Hello Attorney Shah,

First of all, congratulations to you for your continual effort and persistence in getting this rule in place. It is definitely going to be a blessing for our spouse who are equally capable and can contribute to the economy.

I am in a similar boat and elated with this rule being passed. I have gone through the rule details posted on http://www.peerallylaw.com/h4-ead/ and have some follow up questions-

I am currently on H1B and past my 6 years time with i140 approved. Currently I am working with Company B where as my i140 is approved from my previous employer Company A. Company B has started the PERM process for me and currently they have filed for PWD.

My wife is on F1 OPT, her OPT EAD is expiring in March 2015 and we were planning to file her H1B this year as well as COS to H4. We only have our initial visa stamping and did not travel outside US to get visa stamped after COS or H1B extension.

- With the above scenario, does my wife qualify for EAD based on my H1B/ i140 status?
- Would you advice concurrent filing of EAD and COS to H4 or we can go ahead for H4 COS now and file for EAD on May 26?

Thank you and looking for your response.

Jitender

[shah]

Thank you for your kind words. But the truth it is that it is thanks to all of you that this has been possible. This was a grassroot movement with no lobby and no special interest. With the power of free speech and the right to petition, that this law was passed.

As for your case, it seems that either an I-140 is approved or you have reached 6th years on the AC 21, your spouse should indeed get an EAD. Today there is a conference with USCIS and we hope we will get more information on the matter.

Listen to our radio shows, Thursday 10am to 11am (PST) we will answer some of the questions. Good luck

[shah]

[Uma]

I140 in process

I will be completing 6 years in July 2015 and my company have applied for my 2nd H1B extension. My I 140 is still in process.
Can my spouse apply for EAD in July 2015 after my 2nd h1B extension gets approved, even though I 140 is in pending status?

[Ritesh]

How to file EAD application

Hi Attorney Shah,

My spouse is eligible for EAD since I am in 7th year of my H1 and have an approver I-140. My question is, do I have to go through my employer's law firm to submit application for EAD or can I do it on my own through a law firm of my own choice? If filing through a law firm of my choice is possible, can you please clarify what all documentation may be needed with the application?

Thanks

[shah]

Hi Uma,

Unfortunately unless you fall under the AC 21 category ie beyond 6 years (based on pending 365 labor or I-140), your spouse will not be able to apply for the H4 EAD. However, you can always wait for the I-140 to be approved to move forward. Feel free to call 510 7425887, if you need help.

[shah]

Hi Attorney Shah,

My spouse is eligible for EAD since I am in 7th year of my H1 and have an approver I-140. My question is, do I have to go through my employer's law firm to submit application for EAD or can I do it on my own through a law firm of my own choice? If filing through a law firm of my choice is possible, can you please clarify what all documentation may be needed with the application?

Thanks

No you do not have to use the company lawyer to file for the H4 EAD. In fact, it is good to have your own lawyer file it. However, make sure that your employer gives you a copy of the I-140 approval. You can actually call us for help at 510 742 5887.
Thanks