H-4 EAD - Documents needed; name issues; processing times, etc.

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ANSWER: 

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript: 

A1. So far it appears to me and again we don’t have the details yet. The very least you will need is proof of marriage and birth certificate. I don’t think that is the normal requirement but I believe proof of relationship should be acquired and kept. Then the question what if the names on the birth certificate and passport are different.... we still don’t know lot about these issues I would say an affidavit explaining the discrepancy and probably making efforts to remove the discrepancy whether you want to have the passport issued under the correct name or whether you want to have a Indian court give a declaratory judgment of some kind that the name X and Y are the same person. Something like that would be a good idea. But it is not going to stop you H-4 EAD application at least in my mind. I think even education certificates are irrelevant because the h H-4 EAD is not given based upon what degrees you have it is given based upon your relationship with the H-1  holder who is at a certain level of maturity in the green card process. I am not worried about the laminated original document. That doesn’t bother me. 

A2. First of all USCIS just roughly follows the first in first out rule. They are not always bound by that rule because there are so many variations within processing times if it is given to a particular officer which depends on what is their case load is and what if they have to take a couple of days off. It’s not always predictable that you will always be first in and first out. 

A3. Under the regulations USCIS should adjudicate EADs within 90 days. But in case you don’t know they are finding it very difficult to keep to that time, I do not know when they get hundreds and thousands of applications are they going to keep that to that time, do they have the resources for that, I will be surprised if they are able to keep to the 90 days process but if it is merely administrative process and there is not a whole lot of investigation involved then I don’t see why not but I really don’t know. 

A4. The government has said as long as you have one I-140 that remains unrevoked they will give us the H-4 EAD. But if the I-140 is revoked then H-4 EAD will not be given.

Nonimmigrant Visas: 
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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