Skip to main content

Are you eligible for the new H4 Visa work permit?

  1. How to get an H4 EAD or HowHow to get an H4 EAD or How to Apply for an H4 workto Apply for an H4 work permit?permit? By Attorney Shah PeerallyBy Attorney Shah Peerally www.PeerallyLaw.comwww.PeerallyLaw.com Phone (510) 742 5887Phone (510) 742 5887
  2. What is the H4 EAD?What is the H4 EAD? USCIS announced that as from May 26,USCIS announced that as from May 26, 2015, some individuals who are on H42015, some individuals who are on H4 VISA will be eligible to file for a work permitvisa will be eligible to file for a work permit also know as an EAD.also know as an EAD. For specific questions feel free to call 510For specific questions feel free to call 510 7425887 and general questions, please7425887 and general questions, please post at www.splawforum.compost at www.splawforum.com
  3. Who is eligible to file for an H4 EAD?Who is eligible to file for an H4 EAD?  The H4 visa holders who are eligible to file for an EADThe H4 visa holders who are eligible to file for an EAD are:are:  Those whose spouses are with an Approved I-140 –Those whose spouses are with an Approved I-140 – H–H– 1B non-immigrants must be the principal beneficiaries of1B non-immigrants must be the principal beneficiaries of an approved Immigrant Petition for Alien Worker (Forman approved Immigrant Petition for Alien Worker (Form I–140),I–140),  OROR  Those whose spouses are H1B Visa extended beyond 6Those whose spouses are H1B Visa extended beyond 6 yearsyears – Have been granted H– 1B status in the United– Have been granted H– 1B status in the United States under the American Competitiveness in theStates under the American Competitiveness in the Twenty-first Century Act of 2000, as amended by theTwenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations21st Century Department of Justice Appropriations Authorization Act.Authorization Act.
  4. How to apply for an H4 EAD?How to apply for an H4 EAD? The H4 EAD or work permit is notThe H4 EAD or work permit is not automatic. Therefore one has to apply forautomatic. Therefore one has to apply for it. The next slides will cover some of theit. The next slides will cover some of the steps to apply for this H4 EAD.steps to apply for this H4 EAD.
  5. Step One – H4 EAD application.Step One – H4 EAD application. Be on an H4 VISA or change status to H4Be on an H4 visa or change status to H4 visa. This can be done either:visa. This can be done either: 1. Filing a change of status form I-539; or1. Filing a change of status form I-539; or 2. Consular processing and getting an H42. Consular processing and getting an H4 status at the port of entry.status at the port of entry.
  6. Step Two – application for H4 EAD.Step Two – application for H4 EAD. File the form I-765 authorization for theFile the form I-765 authorization for the work permit (EAD) with the prescribedwork permit (EAD) with the prescribed filing fees. As per May 26 2015, the feesfiling fees. As per May 26 2015, the fees will be $380.will be $380. Note that since the law is new it isNote that since the law is new it is recommended to have a lawyer handle therecommended to have a lawyer handle the case. You can call our office at 510 742case. You can call our office at 510 742 5887 or email5887 or email [email protected][email protected] forfor help.help.
  7. Step Three – of application of H4Step Three – of application of H4 EAD. Supporting Documents.EAD. Supporting Documents. To support the application of H4 EAD, USCIS willTo support the application of H4 EAD, USCIS will require among other things:require among other things:  Proof of Marriage to the H1B visa holderProof of Marriage to the H1B visa holder  The H1B holder has an approved I-140The H1B holder has an approved I-140 petition or is under AC21 6petition or is under AC21 6thth year extension.year extension. Note that some secondary evidence might be accepted.Note that some secondary evidence might be accepted. Contact 510 7425887 to assess your H4 EADContact 510 7425887 to assess your H4 EAD eligibility.eligibility.
  8. H4 EAD allows concurrent filing.H4 EAD allows concurrent filing. Many might not yet be on H4 visa statusMany might not yet be on H4 visa status by May 26,2015. As such USCIS will allowby May 26,2015. As such USCIS will allow concurrent filing of H4 Change of Statusconcurrent filing of H4 Change of Status and H4 EAD as from May 26,2015.and H4 EAD as from May 26,2015. Concurrent filing means both form I-539Concurrent filing means both form I-539 and Form I-765 (EAD) can be filedand Form I-765 (EAD) can be filed simultaneously.simultaneously.
  9. The Advantages of filing for an H4The Advantages of filing for an H4 EADEAD The H4 EAD unlike the H1B, the OPT orThe H4 EAD unlike the H1B, the OPT or other work visas will allow numerousother work visas will allow numerous flexibilities namely to move from job to jobflexibilities namely to move from job to job without much difficulties and also thewithout much difficulties and also the ability to open YOUR OWN BUSINESS in theability to open your own business in the United States.United States.
  10. Why I should HIRE an attorney for theWhy I should Hire an attorney for the H4 EAD?H4 EAD?  The H4 EAD is a new rule. The USCIS byThe H4 EAD is a new rule. The USCIS by amending the H1B regulations to allow work foramending the H1B regulations to allow work for some H4 visa holders, is introducing a very newsome H4 visa holders, is introducing a very new law in the system. This new law is going tolaw in the system. This new law is going to affect almost 250k people and the preparationaffect almost 250k people and the preparation might be tricky. A good and experienced lawyermight be tricky. A good and experienced lawyer in the H4 visa issues can be very helpful.in the H4 visa issues can be very helpful.  To assess eligibility of the H4 EAD, call us atTo assess eligibility of the H4 EAD, call us at 510742587. Post your questions at510742587. Post your questions at www.splawforum.comwww.splawforum.com
  11. Why choose the Shah Peerally LawWhy choose the Shah Peerally Law Group PC for filing your H4 EAD?Group PC for filing your H4 EAD? The Shah Peerally Law Group PC is:The Shah Peerally Law Group PC is:  A recognized law firm which has handled hundreds of employment basedA recognized law firm which has handled hundreds of employment based immigration.immigration.  Shah Peerally, the managing attorney has been rated among the TopShah Peerally, the managing attorney has been rated among the Top outstanding lawyers of Northern California, as a Rising star onoutstanding lawyers of Northern California, as a Rising star on Superlawyers.com and also a 10/10 on Avvo.comSuperlawyers.com and also a 10/10 on Avvo.com  Shah Peerally was a the forefront of lobbying for the H4 EAD since 2010. ItShah Peerally was a the forefront of lobbying for the H4 EAD since 2010. It is thanks to his work and many dedicated individuals that the H4 EAD ruleis thanks to his work and many dedicated individuals that the H4 EAD rule has been passed. As such his knowledge of issues related to H4 EAD ishas been passed. As such his knowledge of issues related to H4 EAD is unique and helpful. Visit www.ImmigrationLegalBlog.com for a recount of theunique and helpful. Visit www.ImmigrationLegalBlog.com for a recount of the path to H4 EAD.path to H4 EAD.  The law firm charges reasonable fees to process case.The law firm charges reasonable fees to process case. For more information or if you need help filing your H4 EAD contact the ShahFor more information or if you need help filing your H4 EAD contact the Shah Peerally Law Group PC at 510 7425887 or visit www.peerallylaw.comPeerally Law Group PC at 510 7425887 or visit www.peerallylaw.com

Additional resources provided by the author

12. Disclaimer.Disclaimer.  Information provided above is for EDUCATIONAL purposes only. One should not act orInformation provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult anrefrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.attorney to assess your case before proceeding.  Shah Peerally is an attorney licensed in California practicing Shah Peerally is an attorney licensed in California practicing immigration lawimmigration law and and debt settlementdebt settlement. He has featured as an expert legal analyst for many TV networks. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and hissuch as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oaklandwork have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and otherTribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congressprominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AMKLOK 1170AM and frequently participates in legal clinics in churches, temples andand frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all overmosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship andthe United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBPImmigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality ServicesThis department was formerly known as the Immigration and Nationality Services (INS).(INS).  For updates follow us onFor updates follow us on RadioRadio, Facebook, Twitter ,LinkedIn and Youtube, Facebook, Twitter ,LinkedIn and Youtube  Listen to the Shah Peerally Law Live Show every Monday from 12pm to 1pm andListen to the Shah Peerally Law Live Show every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AMFriday 12pm to 1am - KLOK 1170AM

Rate this guide


Recommended articles about Immigration

Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer