The document provides information about obtaining an H4 EAD (work permit) for spouses of H1B visa holders. It outlines the eligibility requirements, application process, and advantages. Spouses are eligible if the H1B holder has an approved I-140 petition or is in their 6th year of H1B status. The application involves filing Form I-765 along with proof of marriage and eligibility. Hiring an experienced immigration attorney is recommended to navigate the new rules and increase the likelihood of approval.
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 info@peerallylaw.cominfo@peerallylaw.com 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
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).
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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