Updated 4 March 2015
More information on H-4 EAD: How deeply will the government probe H-1 maintaining status issues; I-140 approved through an earlier employer; Can I also apply for advance parole; mailing address for the apps; Visa or Change of Status; Should I apply for H-4 now; Can I work on my H-1 while COS/EAD request is pending; 7th year H-1 approved, but not I-140.
Updated 20 March, 2015
There are several discussions regarding H-4 EAD in yesterday's community conference:
Updated 7 April, 2015
H-4 EAD Frequently Asked Questions (Transcript for the above video)
Some questions are coming up repeatedly so I am going through them.
The first frequently asked question is - Rajiv what are you going to charge for doing an H-4 EAD.
We have thought about this very carefully. We don’t know to what extent USCIS is going to go. There are certain dangers even in applying for an H-4 EAD. The more work we have to do the more we will have to charge. The problem is right now USCIS could create H-4 EAD as a routine matter. Nearly a matter of having the Form I-765 with the accompanying documentation and the form instructions tell you what documentation to file.
The problem is one of the pre requirements of the H-4 EAD grant is that the H-1 person must be maintaining status. That’s were the real trap is – maintaining status because H-1 is subject to so many rules that you could without knowing have violated status and if USCIS starts getting into your status we could be looking at an extensive documentation fight with USCIS. Not only that, here you are trying to get your spouse H-4 EAD and you could end up losing your own H-1. It can get complicated. So we thought about it and we kind of took the middle road saying we don’t know how far they are going to go with this H-4 EAD investigation.
So we will charge 1600 dollars for legal fees which in some ways is excessive because it is just a one page form then we don’t even need to charge that much. But then you don’t even need a lawyer if it is going to be simple. We are going to charge 1600 until we figure out how far they are going to go with the investigation because ours is a flat fee. If we spend one hour, that is what we charge and if we spend 10 hours that’s what we charge. So we have to come out with some kind of formula. What I recommend is do it yourself and if you get into trouble then hire a lawyer.
Another question always asked is - What if I am relying upon the I-140 of an old employer.
It doesn’t matter whose I-140 it is as long as you have an I-140 approved through any employers as long as that I-140 has not been revoked. That forms the basis for the H-4 EAD applications.
Note: You are welcome to log into our conference calls every other Thursday. Talk to me free of charge. I will be happy to guide you. I have actually put out all the information that people need both on my blog on immigration.com as well as my posting in LinkedIn.
Updated 15 April, 2015
Radio Show on H-4 EAD/Legal Immigration Reform Status
Updated 27 April, 2015
The Lawsuit Against H-4 EAD Regulations
Updated 11 May, 2015
H-4 EAD Frequently Asked Question from April 30, Community Conference Call
Updated 02 June, 2015
H-4 EAD Frequently Asked Question from May 28, Community Conference Call
Updated 10 Nov, 2016
FAQs about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.
I will update my tweets: @immigrationcom