Frequently Asked Questions - EAD
Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.
- Employment Authorization Document (EAD)
- Change of status from L-2 to H-4
- L-2 visa and EAD processing
- L-2 Visa without EAD
- Can I apply for H4 visa for spouse while on EAD?
- AOS interview next week, mother in India on AP
- NPTE license
- H1B extension or EAD
- Self Employed while on EAD
- With I-485 pending can I be an investor ?
- Lost old EAD card for another OPT application
- EAD-AC21-Self Porting
- L2 EAD Renewal based on I -94
- L2 visa and EAD
- When can I apply for EAD?
- Pending I-485 and marraige
- F1 and OPT Expired but 60 days not up
- AOS and EAD
- EAD restriction for 245i
- EAD - Job title change on the same job
- Starting Business on I-485 EAD
- Transfer from H-1 (with I-140 approved) to H-4 EAD
- Compelling Circumstances EAD
- Extending H-1/H-4EAD; working while extension pending
- Is it legal to work for a foreign based company in the USA?
- Changing employers after 6 years of H-1 are over
- "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
- Compelling circumstances EAD
- EAD on the Basis of Approved I-140
- J-1 Physician applying for following to join after waiver
- Changing Employers With An Approved I-140 After January 17 2017
- How do we keep up with the rumors and changes in the laws
- Automatic EAD extension; I-485 EAD
- Regarding Form G-884 (Returns of original documents)
- H-4 EAD - Starting business
- H-4 EAD COS pending; File green card while on H-4
- H-4 EAD Rule FAQ's
- Considerations for AC21 job portability
- Green card through two employers and future employer
- Status of the H-4 EAD regulations
- H-4 EAD Rule
- Obama's Immigration Action EAD At I-140 Stage
What is an EAD?
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.
Why does my new EAD look different than my prior one?
H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.
You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.
You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.
You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.
If you already have an EAD, for instance as a derivative beneficiary, you only need to fulfill the State licensing requirements.
EAD and H-1 are two different things. You will get your EAD only after you file the 485.
I see no issues at all with the derivative beneficiary being self-employed on EAD.
I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.
First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.
Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.
As far as I know, you will have to be here. Nothing can be done before that.
This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.
If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.
This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.
It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.
Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.
If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.
Watch the Video on this FAQ: Starting business on I-485 EAD
Video Trascript
1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
Watch the Video on this FAQ: Compelling circumstances EAD
Video Transcript
I have given a few examples on my blog please look at that.
Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending
Video Transcript
1. Yes, you should.
2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...
Watch the Video on this FAQ: Compelling circumstances EAD
Video Transcript
No. The only EAD possible is a compelling circumstances EAD. This would not be a routine EAD. See the graphic on my blog.
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
Watch Video on this FAQ: Automatic EAD extension; I-485 EAD
Video Transcript:
Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=809
FAQ Transcript:
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I have heard that there is a proposal to allow filing of I-485