Biometric Appointment in Premium Processing Cases? Wait for your Social Security card to arrive (takes about 5-6 weeks). USCIS should share more details on how the premium processing will work for H4, L2, and F extension cases when the biometric is an important step in the middle. No, not possible at the moment. Approve of premium processing for H4 EAD NOW! Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. USCIS has shared a new term called cycle time publicly today which is a metric that they track internally in their service centers. It may take few months at least. Below is the summary : As per the Bill HR 8337, that was signed into law by president Trump, below are the complete details that are related to H4 Visa and H4 EAD premium processing. The USCIS Stabilization Act set new fees for premium processing of immigration benefit requests that had been designated for premium processing as of August 1, 2020, and expanded DHS authority to establish and collect new premium processing fees, and to use those additional funds for expanded purposes. Its connected to your spouses or your parents visa. An Alter. Just file a new I-765 along with the filing fee to replace your card. Your H-4 visa status is tied to your H-1B spouses status. Could you please comment on this one. Youll need: Additional details regarding the requirements can be found here. It is planned to be implemented by FY 2025. US Congress passed Bill HR 8337 which added provisions to expand premium processing for H4 Visa and H4 EAD. If you are from Mexico or Canada, you can apply for the TN visa, though the list of available occupations for this category is relatively short. It is not clear whether EAD premium will start on May 31, 2022 or that will also start in FY2025. There is no concrete date given yet. The first and most viable solution is to obtain a work visa yourself. This interview is often the cause for concern among prospective H-4 holders, but it functionally exists to make sure that your relationship with your H-1B spouse is legitimate. However, getting an H4 can be a complex process. The H4 EAD category C26 is not eligible for the 180 day automatic extension. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. Thursday, July 8, 2021. If losing you as an employee would cause a workplace to suffer great financial harm or lay off other employees, USCIS may expedite your H-4 EAD request to avoid harming the livelihood of others. According to data released by the US Citizenship and Immigration Services (USCIS), the approval rate for H-1B visas in fiscal 2021 from October 2020 to September this year was 97.3%. The cost of goods and services is rapidly rising in America due to unchecked inflation. Sorry for that. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. @blesjm1 @rnlawgroup #SaveH4EAD https://t.co/jzdTZXhHE0. This is because the USCIS could potentially send a request for additional information or a. It can have serious consequences for you and serious consequences for the person who employs you. Consider the income your beneficiaries would lose waiting a full year for you to get your work permit in compliance with immigration law. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. It is not mentioned in the settlement agreement. Divyendu, Yes, H4 EAD will also start in FY 2025. The fee for H4 EAD cannot exceed $1,500 USD as per Congress. how long it take effective ? Until the fiscal year 2025 which starts on Oct 1, 2024, the only viable option would be filing the mandamus lawsuits to make USCIS work for timely approving EADs. Here is a breakdown of the new USCIS premium processing time and fees. Speak with your, The H-4 EAD timeline begins with the acquisition of the H-1B visa on behalf of your spouse. H4 EAD. The premium processing clock, when someone. USCIS hasproposedsubstantial government filing fee increases for 2023. For more help navigating your unique tax situation, seek the assistance of a tax attorney. In recent months, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. At the same time, I file for H1B transfer to a new employer. Below is our H4 visa EAD FAQ series based on information released by USCIS. The H1B Visa stamp that is issued to the individual and stamped in the passport is not employer-specific and continues to be valid even after you move to another employer until the Expiration Date on it. | Powered by Edge Creative, COHEN, TUCKER & ADES P.C.42 BROADWAY SUITE #310 | NEW YORK | NY | 10004 | UNITED STATES | (212) 840-0050 | INFO@COHENTUCKERLAW.COM The VisaNation Law Group attorneys have helped countless individuals obtain employment authorization documents so they can confidently live and work in the United States. Please comment on this one. 2. I filed H1B in PP and H4 and H4 EAD extension all together on December 22 , H1 got approved , H4 and H4 EAD is not approved , I am out of work and can only continue working after the applications are approved. It does not state that it has to be filed by the current employer or even the same one who filed their Form I-129. If for whatever reason the USCIS revokes this petition, you would not qualify. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. Even if you were authorized to work under a different visa, you will need to file for a new EAD for your H-4. You need an EAD to perform any work inside of the United States, but you arent prohibited from working in any country where youre already authorized to work. Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . National ID document with photo. Basically, the outdated immigration system is forcing you to spend the money either by paying a premium fee or paying lawyers for filing court cases. If you are not in the U.S. to be able to address and respond to either of these, the USCIS may consider your case abandoned and deny your EAD. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests. I dont think EAD will be approved with H1B & H4, however EAD will be auto-extended ( if not first time) once your H4 is approved so that you can keep working. This is because the USCIS could potentially send a request for additional information or a Notice of Intent to Deny. You can craft things to sell, collect inventory, and even build a website for your self-employment venture while youre waiting for your EAD, but you cannot accept any form of payment for goods or services until your EAD arrives. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. H4 visa holders can leave the country and return whenever they want to, as long as their H4 visa remains valid. I have two more questions - I have a H1B and I-140 with my current employer and I file for a H4 EAD for my wife. USCIS remains committed to delivering timely and fair decisions to all we serve, said USCIS Director Ur M. Jaddou. 3. I fear my wife is going to lose her job since EAD expires end of October. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD. The rule codifies premium processing fees and adjudication timeframes provided by Congress. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. Youre still working in your home country. See link on Federal Register: https://www.federalregister.gov/documents/2022/03/30/2022-06742/implementation-of-the-emergency-stopgap-uscis-stabilization-act, Looks like H4 premium will not start until FY2025 in this link. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. The good news is that USCIS has just released an updated H4 EAD processing time. Immigration Attorney in Los Angeles, CA. Hello @Anil_Gupta , Thanks for your prompt response. The premium processing fee for most I-539 applications pertaining to B1/B2 visitor visa extensions should not exceed $1,750. A final rule titled Implementation of the Emergency Stopgap USCIS Stabilization Act was published in the Federal Register at 87 FR 18227 (March 30, 2022). Oct 1, 2020 - President Trump signs Bill HR 8337 into law. As per the final rule published (29 Mar 2022), USCIS will NOT be able . Once OMB approves it. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. This is a hefty sum, but 30 days is much faster than waiting 7 to 13 months for approval on your EAD application. In Washington federal court, H-4 and L-2 spouses are continuing their fight to . i485 EAD processing time is 2 to 6 months at the National benefits center. What's New on VisaGrader? The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. If your spouse needs assistance with their H-1B visa, we have an unparalleled track record in approvals as well. | But its still good news for us. Avvo Rating: 10. USCIS may be willing to expedite certain EAD documents under emergency circumstances as long as the H-4 EAD was filed properly and in a timely manner. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. Due to their constraints and budget issues, USCIS is implementing the premium Processing in a phased manner and not implementing all the forms in FY 2022. Theyre misleading you and likely taking advantage of you. Does anyone know if this is a Interim Rule or Direct Final Rule? Big changes announced by USCIS. More details here https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1615-AC73&meetingId=118573&acronym=1615-DHS/USCIS, Looks like they updated meeting details , not sure what will be the nest steps. Kentucky based Devi Sree has been awaiting her dependent work permit (H-4EAD) for close to 10 months . However, the situation is different for the H-4. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. She will lose job in another 2 months. Depending on your field of study, educational background, and the nature of your occupation, you might qualify for an O-1 or even an H-1B visa yourself. The H-1B visa holder must have a status . Website. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. They have plans to implement premium processing, but the plans arent immediate. The below article tracks the latest news updates on the same with the timeline of events, current status. The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD .