Citizenship and Immigration Services (USCIS) that it should exercise its discretion to issue the EAD based on the applicants compelling circumstances. An attorney can help you understand your options and prepare your case in order to increase your chances of approval. Website. 1. In 2016, rumors began to circulate that the U.S. Department of Homeland Security (DHS) was going to implement a rule that would allow the beneficiary of an approved immigrant petition for alien worker (form I-140) to apply for an employment authorization document (EAD). A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or. The basis of your adjustment of status (e.g. the request was approved and I received the combo card yesterday. Evidence of the aliens work experience; 2023 Murthy Law Firm. Rather, each case will be reviewed individually, and the applicant will need to demonstrate that all eligibility criteria have been met, and that the extraordinary circumstances warrant issuance of an EAD. They believed that the delay would continue to affect Americans employees. You can open a business or work from home with H4 EAD card. wait for your I-140 approval. When will HR1044 and S386 changes take effect? Filing an I-140, immigrant petition, and/or and I-485, application for an adjustment of status, shows specific immigrant intent. These actions show specific immigrant intent and make it very hard if not impossible to apply F-1 visa, make an entry into the US with F-1 visa, or to much less extent, change into F-1 . By May 2018, H-4 EAD removal had officially become a part of the Spring 2018 agenda and it was becoming more evident that the H-4 EAD was formally going to be removed. I-140 Employment Authorization Document (EAD), commonly referred to as I140 EAD,is used on behalf of non-U.S. citizen employees who wish to be granted an immigrant visa based on employment. You have no idea how luck you are your process is moving so fast. In my case there is no expedite (EB2-NIW). After the I-140 is approved, the employee should show a good faith effort to work for the U.S. employer/petitioner.. What happens if an individual switches jobs or changes employers while an I-140 immigrant petition is pending or after it has been approved? If it is returned again, you will be rejected on form I-140 and be charged a return check fee. is used on behalf of non-U.S. citizen employees who wish to be granted an immigrant visa based on employment. If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. This cookie is set by GDPR Cookie Consent plugin. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. NOTE:USCIS considers an applicant with a valid EAD based on compelling circumstances to be in a period of authorized stay by the Secretary of Homeland Security. Note: If you are filing for a (c)(36) renewal EAD, you do not need to be in a valid nonimmigrant status at the time you file your renewal application. A copy of the H-1B nonimmigrants passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. Family members of the principal are also eligible for employment authorization and may apply concurrently with the principal but cannot be granted until the principal is granted. 5. Photocopies of documentation are to be submitted unless original documentation is requested. (EB1C) Just make sure that i-140 approval has not been revoked by USCIS for fraud, misrepresentation, or errors. Copyright 2020, MURTHY LAW FIRM. Avvo Rating: 9.9. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Each case is different and your situation may require you to provide additional information or documents. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Some attorneys do claim that H4 EAD and i140 can be filed concurrently but we do not know of a real-life case that has been filed. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. If your Form I-140 application is denied, you may request an appeal of the decision or re-file your Form I-140 with USCIS. @madhu sudan congratulations on your EAD. This cookie is set by GDPR Cookie Consent plugin. How much time does it take to get EAD after the approval of I-140? This form is used to petition for an alien worker to become a permanent resident in the United States. A .gov website belongs to an official government organization in the United States. But, you will have to talk to your employer as i140 has to be filed by them. 2023 VisaNation, Inc. All Rights Reserved. Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. Q: I am about to file an immigration petition under the NIW. Once you have completed Form I-140, you will need to submit it along with any supporting documents and fees to USCIS. Follow the Form I-485 filing instructions to avoid processing delays. However, it directed the two parties to file motions to govern further court proceedings by January 2, 2018. In September 2017, Save Jobs USA filed a motion requesting an oral argument for the case, stating that no action had so far been taken by the DHS. I second every single word @Em H. said. USCIS - Concurrent Filing of I-140 and I-485 Attorneys in Silicon Cannot be filed from India. This development was soon to anger some groups who went to court wanting the I-140 EAD rule to be revoked. Third, the I-140 must not be current in the final action chart of the visa bulletin. Collect the supporting documents. The cookie is used to store the user consent for the cookies in the category "Performance". File your renewal application before your current EAD expires; The principal beneficiarys renewal EAD was approved (you may file your renewal application with the principals application but your application will not be approved until the principals application is approved), and. A. However, that did not change the DHS stance on the removal as DHS/USCIS released a statement in August indicating that the final DHS review of the removal is ongoing and their position on the issue remained the same. usavisanow.com Immigration Law Office of Eran Regev, Esq. 1. The cookies is used to store the user consent for the cookies in the category "Necessary". H4 dependent child is not eligible for H4 EAD work authorization. The processing time for Form I-140 can vary depending on the USCIS office where it is filed and the type of filing. S386 is a bill that can change the way US immigration works. How does the braking system work in a car? When can I apply for H4 EAD after i140 approval? Depending on the type of visa you are applying for, you may need to provide other documents such as marriage or birth certificates, financial records, and medical information. Share sensitive information only on official, secure websites. Medical documentation to show you or your dependent are facing a serious illness or disability; Evidence that your employer has retaliated against you; Evidence of other substantial harm to you or your dependents, which could include your priority date, school or higher education enrollment records, mortgage records, long-term lease records, or documentation regarding home country conditions, as applicable; Evidence of significant disruption to the employer; or. Youll receive your EAD card approximately 12-16 weeks after filing Form I-485. They were processing Jan 28th 2021 now they are processing Ausgust 2020 !! This will be cap exempt. A copy of your marriage certificate, if you are applying as the spouse of a principal beneficiary with compelling circumstances, and, if applicable, copies of documents showing the legal termination of all other marriages by you or your spouse. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. what is your service center is it LIN or SRC, LIN might give EAD and approve i140 by that time, I would say since you are inL1A and you have worked at non us location the chance of denial is very minimal if any. The total time should be added including vacation time outside the USA. In November 2017, there was a court order that denied the oral argument motion and granted the abeyance motion. A copy of the biometric page of your passport; A copy of an approval notice for Form I-140 filed for you; or. In either case, you must provide additional evidence or documentation to support your application. Terms of Service Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or. These cookies track visitors across websites and collect information to provide customized ads. well we may have to sit tight and hope things in reality get faster. Job offer not required. This is possible when H1B has already spent 6 years in the US but is waiting for PERM approval. Can demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization. After submitting your application, you should receive an approval letter or receipt number from USCIS in the mail. It has both opponents and proponents. It is important to read these instructions carefully and make sure that you understand them before submitting your application. Is my answer "BEST ANSWER" and/or "HELPFUL"? Can I get an approved EAD while my I-140 and I-485 are pending Yes you can work on the EAD once it gets approved,, but advisable to work for the same company whilst waiting for the i140 to be approved. H4 EAD eligibility: i140 is approved or H1B 7th year extension applied with PERM. Attorney Service. Can I get EAD after I-140 approval? Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. The fee is currently $700 and can be paid with a check or money order made out to the U.S. Department of Homeland Security. Contact Us, PERM allows you to file H1B extensions in the 7th, 8th, and further years. Your extension doesnt have to be approved, just filed for you to continue working with your company until the extension date. Is tramadol with acetaminophen stronger than tramadol? This is an indication that your application has been accepted and is being processed by USCIS. What happens after my I-140 is approved? Submitting sufficient supporting evidence will minimize the likelihood that we will need to send you a request for more evidence. Can I get EAD after I-140 approval? looking like a year or more of wait. Each side has used aggressive language to target the two senators based on what they think is right. H-4 visa EAD can be applied as soon as H-1B spouses I-140 is approved, as there is no waiting time (minimum duration) after the approval of I-140 when H-4 visa can be applied. The result was that H-4 dependent spouses joined the labor market and took up jobs across the country, an opportunity they lacked under the law before the I-140 EAD rule. Clearly USCIS is not helping EB category. A copy of the labor certification or waiver, if applicable; Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. They claimed that their jobs and other Americans jobs were being taken over by the H-1B workers. A non-U.S. citizen who has worked in the fields of sciences, arts, or business and holds an advanced degree. Impact: People who were getting ready to apply for EAD with Early Filing Dates have to wait longer. They should also include the H4-EAD application in the same package to file Concurrently. 1. 2. clearly USCIS is now pushing for EAD and postponing the Advanced Parole AP card out. Item 1.b.) On Apri 23, 2015, a group of IT workers called Save Jobs USA who claimed their jobs were lost to H-1B workers filed a lawsuit asking that the H-4 EAD be removed. What happens after your I-140 is approved? - IronSet With the controversies surrounding I-140 EAD rule and other employment-based visas in the United States, it is essential that you are guided by an expert while filing for or about to change to another status under employment visa categories. Can I get EAD after I-140 approval? - Stockingisthenewplanking.com After the petition is approved for a new work-authorized classification, you would need to apply for a visa and/or admission from outside the United States to begin working. Is my answer "BEST ANSWER" and/or "HELPFUL"? They are smarter than that. (844) 293-7582. Dependent family members are able to apply for employment authorization alongside the principal applicant for the same period. The immigrant community was abuzz with the prospect of gaining unrestricted work authorization during the long journey toward lawful permanent residency (i.e., becoming a green card holder). seems like Late 2020/early 2021 is going through right now. All Rights Reserved Powered by. If you are working in the United States under a compelling circumstances EAD and a new Form I-129 petition is filed on your behalf, you would not be granted a change of status or extension of stay. Yes. The following cases are considered under Form I-140 EAD:. The I-140 EAD rule had been in place for a long time. Id you get EAD you can work on EAD . May apply to renew employment authorization prior to expiration of the initial EAD if the individual can show that he or she continues to be the principal beneficiary of an approved EB-1, EB-2 or EB-3 IV petition and either: (1) an IV is still not immediately available and the worker continues to face compelling circumstances; or (2) the difference between the principal beneficiarys priority date and the Final Action Date listed in the current Visa Bulletin for the relevant employment-based category and country of chargeability is 1 year or less. USCIS approval of the I-140 Petition IS NOT approval for permanent resident status. Can you get DLC characters for free in Dragon Ball FighterZ? Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. If so, please acknowledge and mark it so. Additionally, the U.S. Download Form I-140 from the U.S. Not even biometrics yet. There is no premium processing for eb1c. 4. If you receive a compelling circumstances EAD, and begin working based on this EAD, you will be in a period of authorized stay, but you will no longer be maintaining your nonimmigrant status. Category (c)(36) is for qualifying dependent spouses and children of a principal beneficiary granted employment authorization under category (c)(35). Also thinking of expiditing EAD in December. You cannot file for a renewal EAD more than 180 days before your original EAD expires. Can I get EAD after I-140 approval ?? - Legal Answers - Avvo In response to that, the DHS filed a motion asking the case to be held still in abeyance until December 2017 to allow the DHS and the Trump administration to implement the Buy American Hire American initiative fully. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS: As per the official USCIS rule for H4 wife or husband, you are eligible to work in the USA if H1B spouse can fulfill any one of these two criteria: The approved i140 can be from any past or current H1B employer. When filing Form I-765, please mail it to the proper location based on the chart below. Second, the applicant must be the principal beneficiary of an approved I-140. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. That can only come after the approval of an Application for Adjustment of Status here in the US or the approval of an employment based visa petition abroad.