H4 Ead Eligibility: This is the process of meeting stipulated requirements for an individual or a worker in United States to acquire H4 EAD Visa. However, not all H4 Visa holders are qualified to apply for H4 EAD, for anyone to succeed in this process; he/she must possess the right documents required.
Having this document with you have got lots of advantages such as; being able to work either part or full time without any worry of affecting your status.
Another advantage is that H4 EAD holder does not have to work in a specific occupation; H4 visa EAD holders may work in any field for any employer as long as he has knowledge, experience or qualification of that specific job.
H4 EAD Eligibility
The applicant can apply for H4 EAD at any time once his/her spouse meets the required criteria.
The applicant is qualified to apply for H4-EAD if the H1B visa holder, the main beneficiary has been approved using form I-140 (Immigrant Petition for Alien Worker) or has been granted H1B status as was amended and put into action by the Department of Just Appropriation Authorization Act (AC21). This allows H1B non-immigrants in need of permanent residence to work and remain in United States beyond the six years limit on the status.
The first criteria is always straightforward and easy for any one and the process can definitely be accomplished without the help of an attorney. However, if applying form H4 EAD based on AC2, it can get a bit complicated because United States Citizenship and Immigration Services does not specifically track H1B petitions that are approved based on AC21 which was passed on the 24th.of January. Thus the evidence to be provided might vary in a way or the other making the process a bit hectic for both parties.
H4 EAD Eligibility Criteria Code
For a successful application, the applicant must provide the following evidences:
- A copy of the H1B non-immigrant’s Form I-797 approval notice for Form I-140; USCIS uses this specific form to communicate with applicants/petitioners or convey an immigration benefit.
- A copy of the H1B non-immigrant’s passports, prior Forms I-94, and current and prior forms I-797 for Form I-129; and Evidence of the H1B immigrant’s extension of stay.
This should be based on:
- Filing of a Permanent Labor Certification Application
Submit a copy of the H1B non-immigrant’s Permanent Labor Certification Application filed at least 365 days prior to the expiration of the six-year limitation of stay; OR
- Pending Form I-140.
Submit a copy of the Form I-797 for I-140 filed at least 365 days prior to the expiration of the six-year limitation of stay.
In case the applicant does not have required documents for any of the above-mentioned, then he/she may be in a position to request that USCIS consider secondary evidence in support of EAD application.
Read More: H4 EAD Extension
What are these evidences? They may include:
Receipt number of the H-1B non-immigrant, most current Form I-129 of stay extension, or Receipt number of the H-1B non-immigrant’s approved Form I-140 petition.