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How to Navigate the Process- Applying for H4 EAD Alongside H4 Visa Status

How to Apply for H4 EAD Along with H4

Applying for an H4 EAD (Employment Authorization Document) along with an H4 visa can be a complex process, but it is essential for individuals who are accompanying their H1B-dependent spouse or child to the United States. The H4 EAD allows H4 visa holders to work in the U.S. legally. In this article, we will guide you through the process of applying for an H4 EAD along with an H4 visa.

Understanding the H4 Visa and H4 EAD

The H4 visa is a non-immigrant visa category that allows the spouse or child of an H1B visa holder to live in the United States. Initially, H4 visa holders were not eligible to work in the U.S. However, in 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that H4 visa holders could apply for employment authorization.

The H4 EAD is a document issued by USCIS that allows H4 visa holders to work in the U.S. legally. To apply for an H4 EAD, you must meet certain requirements and follow a specific process.

Eligibility Requirements for H4 EAD

To be eligible for an H4 EAD, you must meet the following requirements:

1. You must be the spouse or child of an H1B visa holder.
2. Your H1B spouse must have been granted an H1B visa and be working in the U.S. or have a valid H1B petition pending with USCIS.
3. You must be present in the United States in H4 status.

Steps to Apply for H4 EAD Along with H4

Now that you understand the eligibility requirements, let’s go through the steps to apply for an H4 EAD along with an H4 visa:

1. Prepare Required Documents: Gather all necessary documents, including your H1B spouse’s passport, I-797 approval notice for the H1B petition, and your H4 visa application (Form I-129F).

2. Complete Form I-765: Fill out Form I-765, Application for Employment Authorization. Make sure to select “H4” as your classification and check the box for “Under Section 245(i) of the INA.”

3. Pay the Application Fee: As of the knowledge cutoff in 2021, the filing fee for Form I-765 is $410. You can pay the fee by credit card, check, or money order.

4. Submit Supporting Documents: Attach copies of your H1B spouse’s passport, I-797 approval notice, and H4 visa application to your Form I-765.

5. Mail the Application: Send your completed Form I-765 and supporting documents to the appropriate USCIS Lockbox facility. The address will depend on your residence.

6. Track Your Application: Once you have submitted your application, you can track its progress using the USCIS online tool, My Case Status.

7. Receive Your H4 EAD: If your application is approved, USCIS will mail you your H4 EAD. This document allows you to work in the United States legally.

Conclusion

Applying for an H4 EAD along with an H4 visa can be a challenging process, but it is an important step for H4 visa holders who wish to work in the United States. By understanding the eligibility requirements and following the proper steps, you can increase your chances of a successful application. Remember to keep all necessary documents organized and to track your application’s progress to ensure a smooth process.

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