How to Apply for H4 and H4 EAD Together

Key Takeaways

The H4 visa and EAD allow H1B spouses to live and work in the U.S. legally.
Applying for both simultaneously can streamline the process, aligning the work permit with the visa timing.
Detailed steps include eligibility check, document gathering, form submission, and tracking application status for a smoother process.

Applying for the H4 visa and H4 Employment Authorization Document (EAD) simultaneously is a process that allows spouses of H1B visa holders to legally work in the United States 🇺🇸. Here is a comprehensive guide to navigating this dual application process. Whether you are planning to join your spouse or pursuing career opportunities, following these detailed steps can help ensure a smoother journey through the maze of immigration procedures.

Introduction to H4 and H4 EAD

H4 Visa: This visa is a non-immigrant visa issued to the immediate family members (spouse and children under 21) of H1B visa holders. It allows them to reside in the U.S., but does not automatically let them work.

H4 EAD: H4 EAD is an Employment Authorization Document that permits spouses of H1B holders to work in the U.S. It expands employment opportunities and helps families achieve financial independence.

Purpose of Applying Together: Applying for both an H4 visa and an H4 EAD at the same time can streamline your process, potentially saving time and effort. This approach aims to align the work permit with the visa, enabling smoother transitions.

Step-by-Step Guide for a Smoother Application

Before diving into the application, here is a checklist of necessary documents:

Copy of the H1B holder’s passport, visa, and I-797 approval notice
Marriage certificate to prove marital relationship
H4 applicant’s passport
Recent passport-size photographs
Proof of relationship with the H1B holder (e.g., wedding invitation, photos)
Any previous EAD card or employment history
Form I-765 for H4 EAD application and Form I-539 for H4 status application

1. Understand Eligibility Requirements

Before proceeding, ensure that you meet eligibility criteria for both H4 and H4 EAD:

The principal H1B visa holder must be in the U.S. with a valid visa.
The H4 applicant should be a spouse or child under 21 years of age.
For H4 EAD, the H1B visa holder should possess an approved I-140, or be eligible under the AC21 Act (American Competitiveness in the 21st Century Act).

Note: Check the latest guidelines on the official USCIS website before proceeding, as policies can change.

2. Gather Required Documents

Having all necessary documents ready can prevent delays. Important items include:

Valid passport of both H1B and H4 applicants
I-94 arrival-departure record for current status verification
Employment proof and I-797 for the H1B visa holder
Form I-539 and supporting fees for the H4 visa application
Form I-765 and supporting fees for the H4 EAD

3. Complete Form Filling

Form I-539 (Application to Extend/Change Nonimmigrant Status):

Visit the USCIS Form I-539 page for downloads.
Follow the instructions to fill personal, passport, and previous visa details.
Ensure all information is accurate to avoid processing delays.

Form I-765 (Application for Employment Authorization):

Visit the USCIS Form I-765 page to access the form.
Fill out the form with personal details and basis for eligibility.
Double-check the details to avoid mistakes.

4. Submit Application and Pay Fees

Once the forms are accurately filled:

Assemble copies of relevant documents as proof.
For mailing, ensure that forms are neatly organized.
Use a secure method such as certified mail or courier service for submission.

Important: Don’t forget to include correct fees for both applications. Check the USCIS website for current fee schedules.

5. Await Processing

After submission, you’ll receive notices of receipt. Use the numbers on these notices to track your application status online.

Expected Timeline: Processing typically takes a few weeks to several months. Stay informed about any potential changes through the official USCIS updates.

6. Attend Biometric Appointment

You may receive a notice to attend a biometric screening, which collects fingerprints and a photo as a part of the security checks.

What to Bring:

Appointment notice
Valid identification such as a passport
Any additional documents if specified

7. Receive Decision

You will be notified by USCIS once a decision is made. Here’s what you may expect:

Approval: Documents sent to your address will include the H4 visa approval and EAD card.
Denial: If rejected, detailed reasons will be provided with steps for resolution or reapplication.

8. Employment Start Date

Once approved, the H4 EAD allows the applicant to begin working legally. If necessary, your employer may require verification of this authorization.

Note: Maintain a record of your EAD expiration date to ensure you renew it timely. Begin the renewal process at least 6 months before the expiry.

What to Do After Application

After successfully applying, here’s what you might consider:

Explore Job Opportunities: With an H4 EAD, you can seek employment, similar to a work permit.
Understand Rights and Responsibilities: Know your work restrictions and visa conditions to ensure compliance.

Additional Resources

For further clarification and assistance, consider these resources:

Official USCIS resource: View application guides, FAQs, and fee details.

Community Forums: Share insights and get advice from others in similar situations.

Legal Advisors: Seek consultation from immigration attorneys for complex situations or advice on legal matters.

Conclusion

Applying for H4 and H4 EAD together can offer both simplicity and security for those navigating life as an immigrant spouse in the U.S. By closely following this step-by-step guide, applicants can optimize their chance of a seamless application journey.

VisaVerge.com’s analysis reveals this collective application approach often benefits from reduced processing times, provided that all guidelines are conscientiously followed. Thus, well-prepared applicants often find themselves able to embrace employment opportunities sooner, ensuring a more settled life alongside their H1B partners. Always stay abreast of any legislative changes and ensure that all forms and conditions reflect the most current standards to maintain your status as a well-informed immigrant in the dynamic U.S. landscape.

Learn Today

H4 Visa: A non-immigrant visa for immediate family of H1B holders, permitting U.S. residence but not employment.
H4 EAD: Employment Authorization Document allowing H4 visa holders to work in the U.S., aiding family financial independence.
Form I-539: Application to extend or change nonimmigrant status, required for H4 visa applicants within the U.S.
Form I-765: Application for employment authorization, needed for obtaining the H4 EAD for legal work in the U.S.
Biometric Appointment: Mandatory USCIS appointment for fingerprinting and photo as part of security and identity verification.

This Article in a Nutshell

Applying for both the H4 visa and H4 EAD simultaneously can streamline the process for spouses of H1B holders wishing to work legally in the U.S. By gathering necessary documents, understanding eligibility, and accurately submitting forms, applicants can enhance their chances for swift approval, enabling quicker employment opportunities and financial independence.
— By VisaVerge.com