Submit Form I-765 with our self-help software. Click here for latest H4 EAd happening H4 ead latest news update (August 2019) timeline rule revoke. Renewal of EADs can be done 120 days before. If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices. This overview of the ins and outs of how premium processing operates includes the. 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 2. But one of my friend, who had similar gap in her EAD approval, had received a RFE when her PD became current. The Employment Authorization Document (EAD) Average processing time at USCIS is 90 days/3 months. USCIS website says you can apply to renew up to 120 days before it expires. Apply 180 days before your current H4 EAD card expiry to get full 3 year validity. Anyone heard anywhere that its allowed to work upto 120 days of EAD expiry pending EAD renewal?? you cannot work past EAD expiry. H4 EAD revoke OMB review is pending even as we approach the end of July. Many employees and employers may wonder how long the H-1B employee is authorized to work or remain in the US while the H-1B petition is pending. An application to renew employment authorization should be submitted to USCIS no earlier than 120 days prior to the date on which the EAD expires. Unfortunately, the automatic work authorization based on pending EAD renewal does not apply to all types of EADs. Nor does the H-1B. She used her EAD card for all of 5 days about a year ago and then has not worked since then. The H4 work permit or work authorization document also known as H4 EAD and H4 visa EAD is now law. To bring H4 visa holders for equal rights to receive SSN, work permit same as other US based. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?. 90-120 days? 10%. Q: Where is an Advance Parole application to be submitted?. **If an RFE is received, an additional legal fee will be required to respond** Contact our office to process your EAD and Advance Parole Renewal! The required documents for filing an EAD renewal are as follows: 1. com File EAD Renewal Application 120 Days Before Expiration Date. By regulation, USCIS is required to issue an EAD within 90 days of filing, or issue an interim document if they are unable to do so. I filed for my EAD renewal in begining of Dec-2016, just about 120 days prior to my EAD expiry date. Some applicants apply for an EAD because it is more flexible as they can work with any employer. 2501-10; DHS Docket No. MU Law Blog on Nurse and Allied Healthcare Immigration OCTOBER 2016 VISA BULLETIN Posted: 09 Sep 2016 06:29 AM PDT The Department of State has just issued the October 2016 Visa Bulletin. The final rule releases the USCIS of the obligation to approve or reject EADs and renewals withing 90 days of filing. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document. I applied for renewal on May 19th. Therefore, USCIS has extended the date on which they will accept EAD extensions from 120 days prior to the current document’s expiration, to 180 days. If you didn't get RFE then it will take around 60 to 120 days from the date of receipt notice. Immigration Report -- May 21, 2015 May 21, 2015 | H-1B, H-1B EAD USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses. Is there any alternate solution to do the H4 EAD renewal without losing the job if my employer not supporting H4 EAD renewal? My Wife is on H4 EAD (approved based on I-140) and got new job last week. STEM OPT Employer Responsibilities Printer friendly page The 24-Month STEM extension of OPT is a temporary employment authorization available to eligible F-1 students whose degree is on the STEM (Science, Technology, Engineering, Mathematics) Designated Degree Programs list following Post-Completion Optional Practical Training (OPT). Will the EAD Self Also USCIS is yet to define a category for H4 EAD in the instructions document:. If you still will be eligible for work authorization after that date, you should file for a renewal EAD by submitting another Form I-765. Currently, EAD cards are taking up to 90 to 120 days to process. But I never received the I-485 receipt to begin with and even after numerous requests for duplicate receipts. Renewal of EADs can be done 120 days before. Last year, she got her EAD and started working on EAD. - If the EAD is pending over 90 days, contact NCSC again and create an expedited service request. If you do not receive your EAD Card in 90 days, please follow the following steps: If you do not receive your EAD card within 90 days of USCIS receiving your application (noted on the I-797 Receipt Notice), submit the e-request for "Outside Normal Processing Time" on the USCIS website. Don't wait till the last minute though. Apply for or renew online your Employment Authorization document, also known as EAD or Work Permit. i guess you were thinking we both were on AOS stage. so they ask us to wait 120 days before initiating another inquiry. Applicants should also be aware that inaction may lead to abandonment of their COS or AOS applications. Wish you all the best! _____. The Request for Evidence usually has 90-120 days for response due. Avoid Immigration. On the other hand, Trump is doing a few things to alleviate the situation: 1. Depending on the complexity of the RFE, it may range from 30 days to 84 days, whatever the USCIS officer indicates on the letter. As always, the advice is to apply ~120 days before EAD/AP expiry. Sunny is right. In the House of Representatives, however, Rep Eshoo re-introduced H4 EAD Protection Act bill on May 29. He will likely strike down hard against Indian IT companies which take more than half of H1 visa quotas. 90 days seems a little tight looking at demand (tons of July filers) but will probably be ok. Docs for RFE response: I don't know exactly what all documents my lawyer did submit. " I am not sure whether this is related with IBIS check or name check or background check. Expiration no problem as long as pending renewal The got delayed and i submitted a renewal prior to 120 days of expiration. Q: I am in H-1B status and will apply for an NIW, I-485, EAD, and advance parole soon. By regulation, USCIS is required to issue an EAD within 90 days of filing, or issue an interim document if they are unable to do so. Delay in having your EAD issued? You are not the only one. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn. h4-rfe-ead 6 Possible Request for Evidence regarding H4 Visa and H4 Visa EAD As from May 26, 2015, USCIS (United States Citizenship and Immigration Services) will actually allow certain H4 visa holders to apply for a work authorization. The rule specifically limits the applicability of the rule to categories which do not require the "adjudication of an underlying application or petition before adjudication of the renewal application. An application to renew employment authorization should be submitted to USCIS no earlier than 120 days prior to the date on which the EAD expires. Donald Trump Office Seeks 60 Days To Respond To Case On H-1B Visa Issue Immigration Voice members that the DoJ might decide after 60 days to against the H4 visa holders. she might need to geta visa stamp when she tries to re-enter into us. 2(b)(1)(vi). Posted by admin on Sep 13, 2016 in News | Comments Off on MU Law Blog on Nurse and Allied Healthcare Immigration. Expiring EAD card H-1B If the faculty, staff, or student worker can produce an I-797 Receipt Notice from USCIS verifying that they applied for an extension before the H-1B expiration, they can continue to be employed for 120 days, pending USCIS approval. Applicants should also be aware that inaction may lead to abandonment of their COS or AOS applications. If you still will be eligible for work authorization after that date, you should file for a renewal EAD by submitting another Form I-765. 9111-97 DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 214 and 274a CIS No. Without this forum I would not have known that it's possible to expedite EAD and what steps it requires. If you are applying for your initial (first) employment authorization based on having a pending asylum application and USCIS does not adjudicate the application within 30 days, you may be a member of the class action case, Rosario v. In our case, it took 58 days with an RFE. Click here for latest H4 EAd happening H4 ead latest news update (August 2019) timeline rule revoke. as an F-1 student, you will need to obtain an F-1 visa at a U. As far as your case is concerned being on EAD will not help if baby is born in India. Hello sorry for the long wait I am in a similar situation at the Baltimore office (you can see it in my signature ) My suggestion would be to call, try to do it right at 8:01AM when they open and ask to be transferred to a level 2 officer because you filled out a service request and its been over 30 days with no answer and 120 days after interview with no communication so you would lile to. Then, the H1B visa beneficiary applies for personal and family visas at a. Almost all USCIS Service Centers are taking three (3) months for processing these applications. You may only apply to work in the United States once 150 days have passed since you filed your Asylum application. Delay in having your EAD issued? You are not the only one. For the spouses of H-1B holders, being able to work in the U. is it normal? 120 days over She is a medico part time chesthu USMLE chedham ani fix ayam ma Wife dhi H4 - EAD applied in march. The latest date the USCIS will accept your application is 60 days after your completion date. H4 EAD Rule Removal Status - OMB: On June 20th, H4 EAD rule removal hit 90 + 30 days, which is general timeline, but nothing came out. Also, I had to stop working as 240 days time frame to work while H1B extension case is pending got elapsed. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?. J-2 visa-holders are authorized to work in the U. What is the average wait time for admin. My H1B got denied after RFE. My lawyer received my H1B approval in the mail yesterday. Once a student has been approved for OPT STEM Extension USCIS will issue an EAD card within 30 days of the approval date and mail the card to the address indicated on the Form I-765. H-4 EAD Rule - Apply May 26 Usually an I-765 can be filed up to 120 days before expiration, but in cases where an I-539 extension of status is filed together. While you are on OPT you remain in F-1 status and therefore must maintain a valid I-20 that reflects your OPT recommendation on page 3. An H-1B employee who leaves the H-1B petitioning employer before a new H-1B petition is filed by another employer, however, is not considered automatically out of status solely on the basis of a cessation of the employment provided the new employer's H-1B petition has been filed within 60 days of the termination. File the renewal application no more than 120 days before your original EAD expires. I dont know if other Folks have seen the same thing. Citizenship and Immigration Services (USCIS) Premium Processing Service, which allows for the expedited case processing of certain designated immigration petitions. Employment means you have to work for atleast 20 hrs a week. "Without any RFEs or other delays, this step takes the adjudication timeframe right up to 120 days," says the report. c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions. the OPT extension up to 120 days be fore the end of the OPT EAD. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal. You MUST wait for your EAD card to arrive in the mail before you can begin to work again. My question is should we apply for her combo EAD/AP card now with I485 filing and will she get a new EAD while her H4 EAD is valid? Does USCIS allow to file an EAD in a different category when current EAD is valid for more than 120 days? Or, should we just apply for her stand alone AP and carry two separate EAD and AP cards? Please advise. 所以,要持续地使用 EAD 的同学,在 EAD 到期前 2-3 个月申请 Renewal 为好,希望能接上 ("You cannot file for a renewal EAD more than 120 days before your original EAD expires")。那些 EAD 失效后再申请的同学,就不选 Renewal 以免新卡从旧卡失效日始,徒浪费些时日。. Thanks for you help and support. Hi, I'm on L1B and wife on L2B with EAD and currently working. Wish you all the best! _____. Webinar: Final I-140 EAD and Job Portability Rule – Analysis and Discussion. I just called USCIS and the lady said will take 60 days to get a response. The final rule releases the USCIS of the obligation to approve or reject EADs and renewals withing 90 days of filing. By regulation, USCIS is required to issue an EAD within 90 days of filing, or issue an interim document if they are unable to do so. **If an RFE is received, an additional legal fee will be required to respond** Contact our office to process your EAD and Advance Parole Renewal! The required documents for filing an EAD renewal are as follows: 1. Posted by admin on Sep 13, 2016 in News | Comments Off on MU Law Blog on Nurse and Allied Healthcare Immigration. Does not matter if renewal is delayed. We're DIYing this and have some questions on Form I-539:1) Part 2. i got married after reto kicked in. USCIS is also allowing EAD extensions to be filed 180 days prior to expiration, as opposed to the former 120 days. The rule of 240 days on extensions of nonimmigrant visas such as H1B visas, L1 visas, O visas extensions has become very relevant in the past few years specially because the USCIS is taking a long. Expiration no problem as long as pending renewal The got delayed and i submitted a renewal prior to 120 days of expiration. Though not guaranteed - USCIS prefers to process all the documents together. The extension would be limited to H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful. my question is on I-765 form for question when responding to RFE, what should i answer ? 11. Webinar: Final I-140 EAD and Job Portability Rule – Analysis and Discussion. Since the EADs under this proposed rule would be issued only to a. Those with I-485s filed on or before August 17, 2007, in most cases, need to pay the EAD filing fee. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD. Weaver Schlenger recommends that anyone who is eligible under the current rule who wishes to obtain an initial H-4 EAD or who is eligible for an extension (EAD expiring within the next 120 days), apply now. The automatic extension is not available to H-4, L-2 or E nonimmigrant spouses seeking renewal of employment authorization. Read 1 Answer from lawyers to Can I travel outside US while H4 EAD is pending. I've valid EAD (renewed once) but never used it. Since the EADs under this proposed rule would be issued only to a. An alien applicant who has filed an I-485 application for adjustment of status may apply for an Employment Authorization Document (EAD) during the period that the application is pending, including any period when an administrative appeal or judicial review is pending. Extensions can be filed up to 120 days in advance of expiration of the current EAD term (and assuming continuing H-4 status and extension eligibility) and EAD extensions can be (and perhaps should be) filed together with H-4 status extensions. Before applying for your F-1 visa, you must pay a SEVIS Fee of $200 (increasing to $350 on June 24, 2019). Is it true? Your H4-EAD article here mentions that we can apply 180 days in advance. Most of us will be in same boat sooner or later. 9111-97 DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 214 and 274a CIS No. {VERSION 6 0 "IBM INTEL NT" "6. The last time I applied for EAD renewal in 2013, I received the card in 3 weeks time. in the beginning of February for your family event without abandoning your AoS application. You cannot file for a renewal EAD more than 120 days before your original EAD expires. The rule of 240 days on extensions of nonimmigrant visas such as H1B visas, L1 visas, O visas extensions has become very relevant in the past few years specially because the USCIS is taking a long. STEM OPT Employer Responsibilities Printer friendly page The 24-Month STEM extension of OPT is a temporary employment authorization available to eligible F-1 students whose degree is on the STEM (Science, Technology, Engineering, Mathematics) Designated Degree Programs list following Post-Completion Optional Practical Training (OPT). 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 🔸 2. If you didn't get RFE then it will take around 60 to 120 days from the date of receipt notice. is it normal? 120 days over She is a medico part time chesthu USMLE chedham ani fix ayam ma Wife dhi H4 - EAD applied in march. Moreover, in case of approval Form I-797 shows dates of validity for the foreign worker to work in H1-B status for the petitioner. USCIS is actively processing H4-EAD applications within 2-3 months. We recommend using a of an H4 experience immigration lawyer to help. USCIS instructions further indicate that if the I-765 has been pending for over 75 days, the applicant or their representative may contact the USCIS National Customer Service Center (NCSC) to verbally. If it’s been longer than 90 days, contact customer service to get an update. You can file upto 120 days in advance of current EAD expiry. The rule specifically limits the applicability of the rule to categories which do not require the "adjudication of an underlying application or petition before adjudication of the renewal application. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires?. His employer had placed him at a third party client site for the project. However, you can check your case status, see our case processing times, change your address, and use other tools on our website. If you apply early at least that way you would have your new EAD card in your hand that you can show the officals at DPS. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months. I just called USCIS and the lady said will take 60 days to get a response. Seems to be taking longer to process ead renewals. The pre-completion OPT is used only when there is no chance to work on CPT. Since these applications could be filed 120 days prior to expiration, it is prudent to file an EAD and/or an AP application at least 110-120 days before the expiration or if seeking an EAD or AP for the first time. The H-4 EAD allows for open market employment, meaning the H-4 worker can pursue any work opportunity, including contract work, self-employment, part-time work, etc. Some of the documents required to apply for H4 EAD include Form I-765, H4 visa EAD fees, and evidence of the H4 visa holder's relationship to H1B spouse. copy of current EAD card (front and back) 2. Processing of the I-765 application can take up to 120 days, so even after the new rule is approved and implemented, additional time will be required before an H-4 spouse is authorized to work in the United States. 9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days. Avoid Immigration. Also, I had to stop working as 240 days time frame to work while H1B extension case is pending got elapsed. You may apply for a visa up to 120 days before the start date on your I-20. I am having my EAD and AP and I am not using my EAD. 90 days seems a little tight looking at demand (tons of July filers) but will probably be ok. your H-4 nonimmigrant status. The time to renew EAD is approaching and I am sure there is going to be a surge in EAD renewals. Applied my GC process in Mar 2013, got RFE on PERM application in Nov 2013 and is in pending status 2) Completed my Masters in US and on H1B status for 6 years until 2012. Citizenship and Immigration Services (USCIS) issued immediate family members an H4 visa, which only allows them to lawfully live in the U. I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go. How many days you can stay after H1b denial. com File EAD Renewal Application 120 Days Before Expiration Date. Renewal of EADs can be done 120 days before. I had applied for H4 EAD and I got the approval notice during April 2018. For more information, read about EAD for H4 Dependents. It is a plastic-laminated identity card with the alien's name, photo, and an expiration date. I just called USCIS and the lady said will take 60 days to get a response. Also See: H4 EAD community in US gets a breather as Trump admin postpones decision to revoke work permit. d) So nothing to panic or worry. This is not true with the EAD. From point of approval, USCIS says it can take 30 days beyond to receive your EAD card; however, most cards arrive within 7-10 days after approval. also i think ur wife can change her status back to H4 but would require her to file some paperwork. Citizenship and Immigration Services (USCIS) Premium Processing Service, which allows for the expedited case processing of certain designated immigration petitions. If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices. You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working. If you wish to apply for I-765 then you would need to apply for yourself and your husband. Start working with EAD card. In September 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which imposed penalties on those who stay in the United States beyond the period authorized by the Attorney General. I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card. Because OPT is meant for you to work in America, any days that you are not officially working is considered part of the 90 days. An applicant, who already has an EAD and AP, can apply for the single card only if: (1) the current EAD has less than 120 days validity left; and (2) the Advance Parole has less than 120 days validity date or is for a single entry. USCIS is also considering allowing EAD extensions to be filed 180 days prior to expiration (as opposed to 120 days currently). A second delivery attempt will be made. The initial RFE was was. What Happens After the Green Card Interview? In most cases, you will receive several requests for additional evidence. so they ask us to wait 120 days before initiating another inquiry. I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". New H4-EAD renewal applicants have confirmed that they are able to get H4 EAD renewed even when filing 180 days in advance. Hello sorry for the long wait I am in a similar situation at the Baltimore office (you can see it in my signature ) My suggestion would be to call, try to do it right at 8:01AM when they open and ask to be transferred to a level 2 officer because you filled out a service request and its been over 30 days with no answer and 120 days after interview with no communication so you would lile to. Traveling outside of the US has many restrictions if you're here on a work (H1B) Visa. Extensions can be filed up to 120 days in advance of expiration of the current EAD term (and assuming continuing H-4 status and extension eligibility) and EAD extensions can be (and perhaps should be) filed together with H-4 status extensions. You can file for a renewal if your Employment Authorization Document is expired or will expire in the next 120 days. Our DACA renewal calculator will tell you the beginning and end dates of that particular "application window. well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD? Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD. Thanks for your help. Even despite the current 90-day processing requirement, EAD processing times frequently range between 90 to 120 days, which often cause gaps in work authorization for eligible applicants and can seriously disrupt the business of the U. November 23, 2016 at 1 pm ET (recorded) Conclusion. This has been more or less pressured by the ongoing litigation challenging H-4 EAD program in that the court has been delayed the decision contingent upon the USCIS volutary removal of the H-4 EAD program by rule-making instead of litigation. CPT can be issued for 1 semester up to 364 Days (rules vary among universities) If you have 365 days of CPT, you may not be able to get an OPT. H4和H4 ead能同一天批准吗 [版面:落地生根(EB2EB3)][首篇作者:springboot] , 2018年08月09日13:47:50 ,468次阅读,7次回复 来APP回复,赚取更多伪币. This is significant, since the issuance of an RFE and a delayed response to an RFE can create a delay in the accrual of the 90 days that are required before an InfoPass appointment may be granted. **If an RFE is received, an additional legal fee will be required to respond** Contact our office to process your EAD and Advance Parole Renewal! The required documents for filing an EAD renewal are as follows: 1. (1) Try to apply for your STEM extension as early as possible. is it normal? 120 days over She is a medico part time chesthu USMLE chedham ani fix ayam ma Wife dhi H4 - EAD applied in march. 2) Check for a LUD at or slightly after 80 days pending. Does not matter if renewal is delayed. after how many days. 2(a)(4)(ii). Even if I lose some valdity, its ok. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. These days they are fast on approvals. Non-resident Indian and person of Indian origin (NRI-PIO), also called Overseas Indians or Indian Diaspora, are people of Indian birth or descent who live outside the Republic of India. Moreover, it will take much longer than 90 days now to get an EAD. Options for H4-EAD without break in Job. Outside Normal Processing Time. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. Start working with EAD card. My renewal took 100+ days to get card in hand. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues? 2. After which, USCIS sends out approval or denial notice (Form I-797). If you get a STEM extension of 17 months, you will get an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period (12 + 17 months). Automatic Employment Authorization Document (EAD) Extension Starting Jan. H1b visa extension transfer rejection reason denial rate. I got married later, and my spouse is currently on H4. Individuals currently eligible for an H-4 EAD — or who hold an EAD expiring within 120 days — are advised to file applications now, as they may become ineligible if the regulation is revoked. Delay in having your EAD issued? You are not the only one. AOS & Immigration Challenges: Discussion of immigration challenges faced by loved ones after arriving in America. I have heard that the paper w/ attached EAD is also required, so please don't trash it (I have trashed one). Does that mean I have to wait another 60 days to hear back for my EAD?. In past has anyone been in a situation where they are not able to renew EAD in time and how you handled it?. STEM OPT Employer Responsibilities Printer friendly page The 24-Month STEM extension of OPT is a temporary employment authorization available to eligible F-1 students whose degree is on the STEM (Science, Technology, Engineering, Mathematics) Designated Degree Programs list following Post-Completion Optional Practical Training (OPT). If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD. H4 EAD revoke OMB review is pending even as we approach the end of July. Non-resident Indian and person of Indian origin (NRI-PIO), also called Overseas Indians or Indian Diaspora, are people of Indian birth or descent who live outside the Republic of India. The initial RFE was was. My H1B got denied after RFE. my attorney sent the copies and my status changed to Response to request for evidence received and processing is resumed. well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD? Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD. You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working. Just apply and check after 45 days. We make every effort to adjudicate cases within 120 days, whether they were filed timely or not. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status. This will most likely result in longer processing times and delayed responses. So my husbands company is renewing his h1B + my h4 in premium processing. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. By regulation, USCIS is required to issue an EAD within 90 days of filing, or issue an interim document if they are unable to do so. An H4 EAD allows certain H4 visa holders to legally work in the United States as long as their spouse has valid H1B visa status. USCIS will reject your renewal request unless you properly submit:. OPT (Optional Practical Training) is a benefit and extension of F-1 student status that permits you to remain in the U. You may only apply to work in the United States once 150 days have passed since you filed your Asylum application. In this article, you will find guidance about how to assemble a convincing RFE response for USCIS. New Rule for Optional Practical Training Extension On March 11, 2016 the Department of Homeland Security published the final rule for the STEM OPT extension that allows students with degrees in science, technology, engineering and mathematics (STEM) to apply for 24‐months of additional OPT. An RFE does not mean that your application has been rejected. Is new H4 EAD validity date dependent on I-94 expiry or Visa expiry ? By AKTAN AOS EAD Renewal Post 180 days By Pra112, H4 EAD RFE By Dsh. Some of the RFE reasons are to submit. H-4 visa holders are allowed to open bank accounts and hold driver’s license. Other categories may be eligible to apply for employment authorization using Form I-765. 2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD. 1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning. Its been more than 50 days without any update. You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working. Late response will not be allowed. You cannot file for a renewal EAD more than 120 days before your original EAD expires. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal. " I am not sure whether this is related with IBIS check or name check or background check. An H4 EAD allows certain H4 visa holders to legally work in the United States as long as their spouse has valid H1B visa status. January 2019. we received I 797C in April. But lawyer said that I will have to pick it up from India. People keep talking about RFE and LUD (soft LUD, hard LUD). txt) or read online for free. also i think ur wife can change her status back to H4 but would require her to file some paperwork. The extension would be limited to H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful. My question is should we apply for her combo EAD/AP card now with I485 filing and will she get a new EAD while her H4 EAD is valid? Does USCIS allow to file an EAD in a different category when current EAD is valid for more than 120 days? Or, should we just apply for her stand alone AP and carry two separate EAD and AP cards? Please advise. In past has anyone been in a situation where they are not able to renew EAD in time and how you handled it?. 1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning. Notice: Undefined index: HTTP_REFERER in /home/forge/shigerukawai. · Individual cannot file for a renewal EAD more than 120 days before the original EAD expires · EADs approved but not received · Process for filing for a replacement EAD when the original EAD was never received by the applicant · RFE regarding ability to pay, “same or similar” subsequent employment. I am currently on H1 and do not intend to use EAD in the near future. They have other issue such as one person got in 6 days. An applicant, who already has an EAD and AP, can apply for the single card only if: (1) the current EAD has less than 120 days validity left; and (2) the Advance Parole has less than 120 days validity date or is for a single entry. As an Experienced immigration attorney in the Bay Area, his law firm situated in Fremont-Newark focuses on immigration laws with an emphasis on employment based immigration H1B visa, L1A, L1B visas, PERM Labor Certification. An additional 30 days of unemployment time will be available during the extension, combined with the 90 days granted during initial 12-month. After the court session, Donald Trump government has officially confirmed on the news that work permit for the lifemates of the H1B visa is in its final stage on getting legalized. Also, even for those that qualify for the automatic extension, the new EAD card itself may be necessary for other purposes, such as driver’s license renewals in some states. Hi, My OPT expires in mid Feb, I have applied for STEM extension OPT and I am waiting for STEM card. MU Law Blog on Nurse and Allied Healthcare Immigration. A "work permit" is the commonly used name for an Employment Authorization Document, or EAD, issued by U. Which H-4 spouses may file for an EAD?. My wife is currently on H4 visa and she will need EAD to work. From point of approval, USCIS says it can take 30 days beyond to receive your EAD card; however, most cards arrive within 7-10 days after approval. Therefore, it is recommended that anyone who is considering entering the United States with F or M Status consult with an attorney. Once a student has been approved for OPT STEM Extension USCIS will issue an EAD card within 30 days of the approval date and mail the card to the address indicated on the Form I-765. :) My lawyer said I can work up to 3 months with receipt provided it was applied at least 90 days before expiry I think its good to call USCIS directly and confirm. H1b visa extension transfer rejection reason denial rate. By regulation, USCIS is required to issue an EAD within 90 days of filing, or issue an interim document if they are unable to do so. USCIS still has not released the official H4 EAD form yet. Submit Form I-765. Weaver Schlenger recommends that anyone who is eligible under the current rule who wishes to obtain an initial H-4 EAD or who is eligible for an extension (EAD expiring within the next 120 days), apply now. If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues? 2. Her H4 is valid until Oct 2009. Update on Work Authorization for H-4 Spouses On May 26, 2015, United States Citizenship and Immigration Services (USCIS) began accepting applications for employment authorization documents (EAD) for eligible H-4 spouses of H-1B visa holders. Will USCIS Reject since we have 30 days recap but we request 3 years and then replied RFE with approved I-140 2. At the discretion of USCIS, the H-4 spouse may be issued an EAD valid for up to the validity of the H-4 status, and in any case not exceeding the validity of the H1-B holder’s approved period of stay. You may begin working on the employment start date shown on your EAD card. It simply means that you need to provide the missing documents before your EAD can be issued. PEERALLYLAW. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. Hello sorry for the long wait I am in a similar situation at the Baltimore office (you can see it in my signature ) My suggestion would be to call, try to do it right at 8:01AM when they open and ask to be transferred to a level 2 officer because you filled out a service request and its been over 30 days with no answer and 120 days after interview with no communication so you would lile to. By YSM, December 3, 2014 in EAD. I-485 and Adjustment of Status FAQs 1. Kurtz: The boredom… The boredom… Still nothing from my friends at the USCIS although I did read some online discussions about similar situations where applicants had been waiting for up to three weeks to receive their request for evidence letters (RFE’s) so I’m leaning towards that the statement that they have. STEM OPT Employer Responsibilities Printer friendly page The 24-Month STEM extension of OPT is a temporary employment authorization available to eligible F-1 students whose degree is on the STEM (Science, Technology, Engineering, Mathematics) Designated Degree Programs list following Post-Completion Optional Practical Training (OPT).