h4-ead - AM22Tech Visa, Immigration and Money Tue, 16 Sep 2025 21:11:07 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://www.am22tech.com/wp-content/uploads/2017/12/am22tech-logo.png h4-ead - AM22Tech 32 32 How to file H4 EAD, Documents, Form i765 (New / Renewal Process) https://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/ https://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/#comments Tue, 12 May 2015 20:37:03 +0000 http://104.196.159.131/?p=925 File H4 EAD yourself with I-765 form, document checklist. Fees $520. Renew 180 days before expiry. H1B primary I797 receipt required. Processing time 2-7 month.

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H4 EAD allows H4 visa holders to work legally in the US without any employer or location restrictions. 

Check if you are eligible to apply for H4 EAD.

Documents for H4 EAD Application

#1 H4-EAD Fees Check / Credit Card

After Oct. 28, 2025 USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

ACH should be from a US bank. If you are using the credit card, then it should have been issued by a US bank. International cards from non-US countries will not work.

Till Oct 28, 2025 – You can send the personal check for H4 EAD payment.

H4 EAD fees check for $520 payable to the ‘U.S. Department of Homeland Security‘.

Short forms like USCIS are not allowed on personal, cashier, or money orders.

Personal checks from your checking or savings account in Bank of America, Chase, etc. are allowed. A certified check is not required.

H4 EAD application check
H4 EAD application check

Do not add biometric fees to the H4 EAD check. Calculate the current USCIS H4 EAD fee.

Biometrics is only required for H4 extension and not H4 EAD. If you send the wrong fee, USCIS will reject your application and send it back.

#2 Photo

Two identical 2×2 inch photographs clicked within the last 30 days are required for the H4 EAD application.

Write your name and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil.

Offcourse, you can click the H4 EAD photo at home, edit it and then print yourself to save money.

H4 EAD photo requirements
H4 EAD photo requirements

The admission record number on H4’s i94 fetched from the CBP site is what should be written on the back of each photo.

Do not send an old photo with the I-765 application as USCIS will send RFE to submit new photos. This will increase your H4 EAD processing time.

#3 How to file H4 EAD using Form I-765

Download and fill USCIS i765 form. You can also use our app to fill out the form. The app validates and checks all form fields to make sure you do not make any mistakes.

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:



Open App in new Window

#4 H4 Status Proof

  • Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
  • Most recent H4 i-94 copy. If an H4 extension were approved recently, the new i94 would be attached to your H4 extension approval (i797) notice OR
  • A Copy of the pending H4 extension if it has not reached any result yet.
Get i94 from CBP website
Get i94 from the CBP website

#5 Government-issued Photo ID Document

  • Copy of Passport’s front (with Photo) and back pages (with address) OR
  • Copy of USA H4 Visa stamp page from the Passport OR
  • A copy of your last EAD – Both front and back (if any) OR
  • A birth certificate with a photo ID. For example, an Indian (or Chinese) birth certificate will work only if it has a photograph. OR
  • Any other national identity document with a photo. US State ID or Driving License is NOT acceptable.

#6 H4’s Relationship with H-1B

A copy of your marriage certificate in English is required to prove the H4 dependent’s relationship to primary H1B.

#7 H4 EAD Eligibility Proof

Primary H1B spouse’s I-140 i797c approval notice is required to prove H4 EAD eligibility.

If your employer has not shared the I-140 approval copy with you, use the USCIS FOIA request to get I-140 details.

#8 Current H4-EAD copy for Renewal

An existing EAD copy is required only if you already have H4 EAD and you are applying for renewal or extension.

Only a black color ink pen is allowed as USCIS uses computer scanning to read forms.

Do NOT staple the documents. Use a paper clip to bind them together.

#9 Form G1145 (Optional but recommended)

Use form G1145 to let USCIS send you an SMS or an email once they receive your application. Attach this form at the top of the EAD application package.

H4 EAD application package
H4 EAD application package

Concurrent Filing – H1B, H4, H4 EAD

If you are filing H1B, H4, and H4 EAD applications concurrently at the same time in the same package, you can write this in question 29 on form i765:

  • “Filed Concurrently” OR
  • Leave Blank OR
  • Write the current approved H1B receipt number

All three options have been tried and tested and all of them work fine. Our recommendation is to write “Filed concurrently” in Q29 or use our app and it will handle all text automatically.

Don’t worry about the limited space to write it. You can just write with free handwriting.

H4-EAD Renewal Documents

The document list is the same for H4-EAD renewal or extension as for the new H4-EAD application mentioned above.

The start date for the H4 EAD extension may be in the future.

Example,
If your H4 expires in Sep, and you applied for renewal in Mar, of the same year, your extended H4’s start date may be Sep instead of March.

It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).

To fill up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.

Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing the i765.

Apply SSN with EAD

If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15.
You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother’s name to get an SSN card.

Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks and mailed by USPS.

FAQ

What is H4 EAD Processing Time?

The current H4 EAD processing time is 2 to 7 months. It changes every month with each USCIS service center. 

What is the H4 EAD eligibility Category?

H4 EAD Eligibility category code is C(26).

How Much Time Does It Take to Get an EAD Card After ‘new Card is Being Produced’ Status?

You will receive your EAD card within 1-7 working days after the New Card is Being Produced case status.

Which Receipt Number to Write in Question 29 on the H4 EAD form?

Write H1B primary’s most recent I-797 receipt number on the H4 EAD application form I-765 question 29.

This is not the I-140 approval receipt number.

Which i94 Number Should Be Written On the H4 EAD form?

You should write an i94 number from the most recent H4 approval (i797 form) on the H4 EAD application form Question 21a.

Use this start date without any issues even if it is in the future.

What is the Reason for Applying for H4 EAD?

Choose option 1.a. for Question 1 on the H4 EAD form if you are applying for EAD for the first time.

For H4-EAD renewal applications, choose the renewal option as 1. c.
If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as a new EAD.

When Can We Apply for H4 EAD Renewal?

You can apply for H4 EAD renewal 180 days before the current EAD card expiry.

USCIS allows us to file H4 EAD with H1B Amendment and H1B transfer applications even if the current card is valid for more than 180 days.

What is the Place of Last Arrival in the US on Form I-765?

You should write the name of the Airport or border that you used to enter the US.

For some people, this airport might be a non-US airport like Abu Dhabi where they complete the US immigration process at Abu Dhabi airport itself.

I would suggest writing either the “Port of Entry/Exit” as “MAA – ABU DHABI INTL” or the name of the US airport where you landed first.

For example, if you landed at Washington Airport after completing the immigration process at Abu Dhabi Airport, your i94 record will show the “MAA – ABU DHABI INTL” as the port of entry.

You can then either write “Washington Airport” or “MAA – ABU DHABI INTL”.

What is the Spouse Eligibility Degree On Form I-765 for H4 EAD?

You can write ‘N/A’ or leave it blank for H4 EAD applications.

Can I file H4 EAD while H4 Extension is Pending?

You can file H4 EAD while the H4 Extension is pending.

Can I travel While H4 EAD is Pending?

You can travel while H4 EAD is pending.

Can H4 EAD Work if Current Card Expired and Extension Is Pending?

H4 EAD can work if the current card has expired and the H4 i94 is valid under the new USCIS automatic extension rule.

Can H4 EAD Start a Business?

H4 EAD allows you to open a business with no restrictions.

Many H1B spouses become real estate agents or buy rental properties in the USA.

What address should I Mail the H4 EAD Application to?

Check the USCIS address to mail the H4 EAD application using the H1B receipt number.

The first three letters of the H1B application number IOE, EAC, LIN, SRC, and WAC decide the mailing address.

What USCIS mailing address should be used for H4 and H4 EAD applications?

You should use the H4 extension filing address for form i539 if you are filing H4 and H4 EAD together.

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How to Get H4 EAD Photo Online – USCIS Guidelines [Avoid Rejection] https://www.am22tech.com/usa-h4-ead-photo-online/ Wed, 20 Aug 2025 18:03:16 +0000 https://www.am22tech.com/?p=196327 Learn the official USCIS photo requirements for H4 EAD applications. Step-by-step guide with size, background, head ratio, tips for taking photos at home, and a final checklist to avoid delays.

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If you are applying for an H4 EAD (Employment Authorization Document), you must include two recent passport-size photos with your I-765 application.

Many applicants face delays or RFEs because their photos do not meet USCIS standards.

Here’s a simple, step-by-step guide to help you get your photos right the first time as per USCIS photo guidelines for H4 EAD.

Official USCIS Photo Requirements

To avoid delays and rejections, your application photos must strictly follow the official U.S. government photo specifications.

Example showing a 'Before' photo with uneven lighting and a distracting background, and an 'After' photo that meets USCIS requirements with a plain background and proper lighting.
Example of a photo correction to meet USCIS standards.
  • Size: 2 x 2 inches (51 x 51 mm)
  • Head Position: Head height must be between 1 inch and 1 3/8 inches (25–35 mm) from the bottom of the chin to the top of the hair.
  • Background: A plain white or off-white background is required, with no patterns or shadows.
  • Expression: Maintain a neutral facial expression or a natural, subtle smile. Both eyes must be open and visible.
  • Eyewear: Glasses are not permitted in the photo, except in rare instances of medical necessity with a signed doctor’s statement.
  • Print Quality: Photos must be high-resolution, printed on photo-quality paper (matte or glossy), and free of smudges or creases.
  • Quantity: Unless specified otherwise on your form, you must submit two identical photos.

Where to Get H4 EAD photo Clicked?

You can visit Walmart, CVS or Walgreens to get your photos clicked for H4 EAD.

At some locations, even Costco and Sams club also offer reasonably proced passport size photos. They can also edit the photo as per USCIS requirements.

They usually charge upwards of $14.99 for two pictures.

The other option is to click the photo yourself using the mobile phone camera or your digital camera. There are softwares and websites available online which can help you edit your photos to exact specifications.

You should remember that editing is complex as the final edited image should print to exact measurements of 2 inch x 2 inch on paper. The image’s DPI (dots per inch) also matter as they control the quality of the final printed output.

USCIS requires the image to be high resolution which can be attained if you click the image by your iPhone and then edit it to at least 300 DPI. AM22Tech’s AI photo editor takes care of checking the photo resolution and edits it to minimum 300 Dots per inch thereby making it extremely easy to satisfy government requirements.

If you would like to click them yourself to save money, here is how to take H4 EAD photo at home.

H4 EAD photo requirements
H4 EAD photo requirements
Step 1 of 4
Lighting

How to Take Your Passport or Visa Photo at Home

Save time and money by capturing a professional-quality photo right from home. All you need is a smartphone and a few minutes. Follow these steps for the perfect shot.

1 Right Lighting

Correct background and lighting for a passport photo

Stand against a plain white or off-white wall. Face a window for natural daylight to ensure even lighting and avoid harsh shadows.

2 Set Up Your Camera

Correct camera setup for a passport photo

Use a tripod or ask a friend. Keep the lens at eye level and about 2 to 4 feet away. Always use the back camera for sharper quality.

3 Strike the Correct Pose

Correct neutral expression for a passport photo

Look directly at the camera with a neutral expression. Keep your head straight, shoulders relaxed, and ensure your full head and shoulders are visible.

4 Capture & Upload

Upload photo to a professional AI photo editor

Take the shot and upload it to an AI photo editor. It will adjust background, crop correctly, and produce a high-resolution photo that matches government standards.

Making Your Photo USCIS-Ready

Even with a perfect shot, technical details like resizing, cropping, and cleaning the background can be a headache. USCIS is very strict and will reject photos if the head ratio or dimensions are even slightly off, leading to frustrating delays.

The Final Editing Steps

  • Crop and center the head to the exact specifications.
  • Ensure precise 2x2 inch (51x51 mm) dimensions.
  • Professionally remove background shadows and ensure a pure white background.
  • Generate print-ready files (JPEG/PNG/PDF) for easy printing at home or a store.
Example of a photo before and after being edited to meet USCIS requirements, showing how the background is removed and the photo is cropped correctly.
Before and After: The difference a perfect edit makes.

Your Final Checklist Before Submitting

You've got this! Use this final checklist to be 100% confident before you submit your application.

  • Timeliness: Is the photo taken within the last 6 months?
  • Identity Match: Does it look exactly like you?
  • Correct Quantity: Have you included two identical photos with your application?
  • Print Quality: Is it printed on high-quality photo paper with no smudges or creases?
  • No Obstructions: Are there any shadows, glasses, or head coverings (unless for religious/medical reasons with documentation)?

Ready to Create Your Perfect Photo?

Our AI tool takes the guesswork out of the process, guaranteeing a USCIS-compliant photo every time.

Get Your USCIS-Ready Photos Now

FAQ

Can I use the same photo for H4 EAD as for my passport?

Yes, if the photo is less than 6 months old and meets USCIS requirements.

But it’s always better to take a fresh photo for your EAD application.

If you are not comfortable editing the photo yourself, you can use AM22Tech's AI photo editing app. You just click the photo and app takes care of everything else.

Do I need to print my H4 EAD photos?

Yes. USCIS requires two printed photos with your paper based I-765 application.
Digital copies alone are not accepted.

If you are filing EAD online on the myUSCIS website, then they may allow uploading the digital photo. But, again, the digital file should also meet the USCIS guidelines as listed above.

What happens if my photo is rejected?

USCIS may send you a Request for Evidence (RFE) or reject your application. This delays your work authorization or EAD card approval.

That’s why correct photos are very important.

What is H4 EAD application photo size?

USCIS requires the photo to be 2 inch x 2 inch in size when printed on paper.

If you are uploading the file digital photo online on USCIS website, the photo should still be 2x2 inch when they print on paper.

The size requirements are mandatory.

Should I write my name and I-94 number on the back of the photos?

It is recommended to write Name and A-number or I-94 number at the back side of the paper photo.

Some applicants have reported receiving RFEs because they forgot to lightly write their names (and I-94 or A number, if known) on the back of each photo.

My photo was slightly angled—can USCIS reject it?

Yes. Even subtle tilts or angles can trigger an RFE—even if the photo initially "validated" online.

Ensure your face is straight, both ears are visible and eyes are fully facing the camera.

Do photos have to be in color?

Yes—photos must be in color.

Black-and-white prints are not acceptable for U.S. immigration applications.

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New Card Is Being Produced Meaning (USCIS Case Status) https://www.am22tech.com/uscis-update-new-card-is-being-produced/ Fri, 30 Nov 2018 16:34:50 +0000 https://am22tech.com/?p=168444 USCIS status update New Card is Being Produced means your EAD is approved. Get EAD card by USPS mail in 7-10 working days. SSN card will arrive in 4-5 weeks.

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A new card is being produced USCIS status means that your EAD application has been approved and the card has been sent for printing.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

EAD Processing Time

You will receive the new EAD card (i-485 EAD, F1 OPT-EAD, L2 EAD, H4 EAD, or other) by mail within 5-10 working days after the “New card is being produced” USCIS case status update.

The EAD (Employment Authorization Document) is filed using USCIS form I-765.

I485 New Card is Being Produced

The i485 adjustment of status application can also have the “New card is being produced” status. This means that your green card is approved. You should get it by USPS mail within 5-10 working days after this status.

i-485 new card is being produced status means green card is approved
i-485 new card is being produced status means the green card is approved

It is possible that the case status directly shows the New card is being produced without any USCIS notification about case approval. There is no need to worry as the card will not be produced until the case is approved first.

As an example, see the case history for this i-485 application where the status changed to “New card is being produced” even when the expedited request was denied.

i-485 new card is being produced after expedite request denied
i-485 new card is being produced after an expedited request denied

It seems that the USCIS website only shows the most recent update if there have been multiple status changes within the same day. I am just guessing here.

SSN Card with EAD

The SSN request is sent to the SSN office after your EAD has been approved. It will take about 4-5 weeks for the SSN card to arrive by USPS mail.

There is no biometric required for H4-EAD and SSN.

USA SSN card sample
USA SSN card sample

SSN card Not Received After EAD approval?

If you do not receive the SSN in 6 weeks, you can directly visit your local SSN office. They can check if any SSN application is pending for you.

If no application is pending, you can request a new SSN.

EAD, AP Combo Card

The i485 EAD + AP (advance parole) combo card is also approved with a “New card is being produced” status.

i485 EAD with i131 advance parole
i485 EAD with i131 advance parole

In many cases, if USCIS thinks that your Green card can be approved earlier than your EAD/AP, they may even deny your EAD application. This is normal and no need to worry.

It would help if you planned to travel outside the USA only after your I131 advance parole card has been approved.  

USCIS Case History

Other status updates for the EAD i765 application may look like this:

Status DateUSCIS Case Status
9 AugWe mailed your new card to the address you gave us.
4 AugNew card is being produced.
4 AugWe approved your Form I-765, Application for Employment Authorization.
26 MayWe received your Form I-765, Application for Employment Authorization.

FAQ

Can I start work with ITIN until my SSN is received?

You cannot start working using ITIN. We suggest waiting to receive a salary until your SSN is issued to you.

Your employer would need to fill out form I-9 for your employment and it requires an SSN.

Do we Need to Apply for Merging ITIN with SSN?

If you are on H4, then you would have an ITIN number.

Once you get your Social Security number after H4 EAD, you can visit a local IRS office or write a letter explaining that you have now been assigned an SSN and want your tax records combined.

You should include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available. 

The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN. 

Send your letter to:
Internal Revenue Service 
Austin, TX 73301-0057 

How long does it take to get an SSN card after EAD card approval?

You can expect an SSN card within 4-6 weeks after EAD approval.

I have my Green card pending in both EB2 and EB3. Is Green Card EAD using EB3 or EB2 the same or different?

The green card is issued with the category of C09, which is the same for both EB3 and EB2 queues.

Hence, there is no difference between the two. You can apply the green car EAD from either queue if you have both EB2 and EB3 approved.

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H4 EAD USCIS Mail Address – Filing alone or with H4 extension https://www.am22tech.com/uscis-address-mail-h4-ead-application/ https://www.am22tech.com/uscis-address-mail-h4-ead-application/#comments Thu, 24 Jan 2019 16:13:17 +0000 https://am22tech.com/?p=168619 USCIS H4 EAD mailing address: Use H1B i797 receipt number code EAC, LIN, SRC or WAC. Different lockbox address for USPS, Fedex, UPS deliveries.

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H4 EAD USCIS and DHS H4 EAD mean the same thing. You have to send a postal application to the USCIS lockbox address.

USCIS forwards your H4 EAD application internally to other centers from Dallas or Phoenix themselves. You do not need to worry about it.

How to find out the H4 EAD filing address:

  1. Filing H4 i765 EAD alone:
    • You should use H1B’s most recent approval notice written on form i797.
    • Keep reading this article to find the address.
  2. Filing H4 i765 EAD with i539 (H4 extension or H4 change of status):
    • You should send the i765 along with i539 to the USCIS address where you are sending form i539.
    • Form i539 filing address can be found below. At this time, they are the same as the H4 EAD alone filing address.
  3. Filing H4 i765 EAD with i539 (H4 extension or H4 change of status) and/or H1B i129:
    • Send all of them to the USCIS filing address for form i129.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

H1B Receipt Number Starts with IOE?

USCIS has recently started generating H1B receipt numbers using their e-filing with receipt numbers that start with IOE or MCT.

In this case, the actual service center name is written at the bottom of the receipt.

H4 EAD applications are sent to other USCIS service centers after sorting through the lockbox addresses. You will get an H4 EAD receipt number separately from the final service center.

USCIS H4 EAD filing address
USCIS H4 EAD filing address

Dallas USCIS Lockbox – EAC, LIN, MCT

EAC is an eastern service center and is located in Vermont. LIN is Nebraska.

#1 Sending by USPS postal mail

#2 FedEx or UPS or private mail company

USCIS Phoenix Lockbox – WAC, SRC, IOE

Your primary H1 B receipt number should start with WAC or SRC to send the H4 EAD application to the USCIS Phoenix Lockbox office.

WAC refers to the California Service Center.

SRC is a Texas service center.

#1 Sending by USPS postal mail

#2 FedEx or UPS or private mail company

FAQ

Which Address Should I send the H4 & H4 EAD applications to if Filed Together?

You should use the USCIS mailing address for form i539 if you are filing an H4 extension and H4 EAD application together.

Should I send the H4 EAD application by USPS, FedEx, or UPS?

You can send the H4 EAD applications by USPS, FedEx, or UPS. It is your choice.

Should I use Tracking with the H4 EAD application?

You should use tracking to send the H4 EAD application.

Is the H4 EAD mailing address different for USPS and FedEx?

USCIS has given different PO box addresses based on the mailing company that you use to send your H4 EAD application.

This does not affect your H4 EAD application processing time.

Source: USCIS

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Missed to file H4 extension, Spent 180+ days in US after i94 expiry [What to do?] https://www.am22tech.com/missed-h4-extension-spent-180-days-us-after-i94-expiry/ Wed, 31 Jul 2024 14:33:01 +0000 https://am22tech.com/?p=195854 File H4 NPT application with USCIS to request i94 from back date. Or leave US and Get H4 visa stamp with entry ban waiver from US embassy

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It happens and is pretty common to forget to renew H4 status within the US.

The immigration system here is so complex that unless you are half attorney, you will make mistakes on the way.

It is not a mistake but a design.

  1. Your physical entry into the US is governed by a visa stamp in your Passport or Advance Parole document.
  2. Your stay length in the US is governed by i94.
  3. The i94 validity is governed by your passport expiry.
  4. Your passport expiry is governed by your country’s passport validity rules!

Coming to the topic and giving you options if you forgot to file an H4 extension with USCIS before the H4 i94 expired.

There are a couple of them.

Option 1: File H4 Extension with NPT with USCIS

The quickest option without leaving the USA physically is to file a Nunc Pro Tunc (NPT) application with USCIS.

This is nothing but filing the regular H4 extension using form i539 and requesting the extension from the past date. This past date is the date of the i94 expiry.

In most cases of H4, if the primary H1B has maintained the H1B status and the H4 extension was missed unintentionally, USCIS regularly approves the H4 extension with NPT.

Once approved, they issue an I94 from the past date to make the gap period legal.

How to make an NPT filing decision?

We are sharing this as a suggestion based on real-life instances that our users on the forum have shared and had success with NPT.

H4 I94 expiredFile NPT?Chance of Approval
1-90 days agoYes90%
90-180 days agoYes50%
180+ days agoNo20%

In all cases, we suggest to leave the US and apply H4 visa stamp in your passport if your stay has exceeded 180 days.

This is a successful case of H4 visa stamping at Hyderabad, India after spending 180+ days in the US, filing NPT, and then leaving to be on the safe side.

The 180-day mark is important as there can be a 3-year entry ban that can be imposed on you if you have stayed in the US without status for 180+ days.

USA Entry ban criteria

  • 3 years: If the person spent more than 180 continuous days (approximately six months) in the U.S. unlawfully and then left voluntarily before removal proceedings begin
  • 10 years: If the person spent more than 365 days (one continuous year) in the U.S. unlawfully and then left for whatever reason, or was ordered removed from the U.S

This means that it is better to leave even if the NPT application is pending result and was filed before 180 days were completed. This helps to stay on the safe side as the USCIS result is unknown and you do not know how much more time USCIS will take to process your NPT application.

Option 2: Leave the US, File H4 Visa with US Embassy

The other option is to leave the US and file an H4 visa stamp application using your spouse’s H1B i797 petition with the US embassy.

You can visit your home country, Mexico, Canada, or any other country to get this H4 visa stamp.

You will need an explanation of your situation as to why you did not file an extension time along with the regular documents for the H4 visa stamp.

On the DS-160 form, you will have to say yes to the question and then explain your situation.

How to explain?

The most common answer to H4 not being filed timely is “We did not know that an H4 extension is required“. This is the WRONG answer as negligence of US immigration laws is not allowed.

We suggest writing any one of the following based on your situation:

  • The employer usually files the H4 extension along with H1B and this time, they did not sponsor the H4 extension. We filed an NPT extension as soon as we got to know about it.
  • We traveled out of the US and the H4 i94 was shortened due to the passport expiry on re-entry. We forgot to track the i94 expiry but applied for an H4 extension as soon as we realized our mistake

Unlawful presence starts on I94 expiry

Even a single day stay after your H4 i94 has expired is counted as an “Unlawful presence”.

No issue if you mention the Truth in DS 160

It is okay to mention this Unlawful presence time as it is a genuine time. It should not affect your application.

How to File a Nunc Pro Tunc Request?

NPT does not have any official form or a template to file with USCIS. It is simply a request on plain paper that you can write to explain your situation and request approval from the past date.

  1. Supporting documents: We suggest including the supporting documents that help prove your argument of why you missed filing the extension before the i94 expiry.
    • Expired Passport copy – If i94 expired due to passport expiry
    • Medical condition – If you had any medical condition that prevented or made you forget to file an extension on time, then include your medical bills and a letter from the Doctor about your condition.
  2. Cover letter: Write a letter explaining your situation. If you need help with writing an NPT cover letter, you can contact us and one of our experts will write one for you.
  3. USCIS Form: In the case of H4, you will need to fill out form i539.

You will need to send your NPT cover letter, supporting documents, and the USCIS form in the same package to USCIS.

FAQ

My H1B employer forgot to file an H4 extension for my spouse and child. How is it my mistake?

The H4 application is a personal application for H1B’s dependents. It is not the employer’s responsibility to file their visa extensions on time.

Most good employers do file and pay for H4 visa extensions but they are not obliged to do it every time.

Many small companies have also started asking the H1B to pay for H4 extensions due to the high costs involved with Attorney and USCIS filing fees.

Does H4 have to go to the home country and go for stamping by explaining the circumstances about missing to file timely?

You can visit your home country, Mexico, Canada, or any other country to get an H4 visa stamp on your passport.

Yes, an explanation and supporting documents would be required to support your story about why you missed filing on time.

In 99% of H4 cases, this is considered a basic negligence offense and the visa office in the US embassy is lenient.

Can I get NPT approval even if I have spent 180+ days after the i94 expiry in the USA?

Yes, you can get the NPT approval even after spending 180 days in the US after the i94 expiry. It depends on the USCIS officer and how they interpret your situation.

It would be good if they approved your NPT application with a back date. The unlawful presence is removed.
You do not need to declare it in future applications as long as the previous i94 date has been matched.

If they deny it, you will have to leave the US. Then, apply for an H4 visa stamp with the US embassy and get an entry ban waiver to re-enter.

The post Missed to file H4 extension, Spent 180+ days in US after i94 expiry [What to do?] appeared first on AM22Tech.

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Apply H4 EAD while H1B or H4 Extension is Pending https://www.am22tech.com/h4-ead-with-pending-h1b-h4-extension/ https://www.am22tech.com/h4-ead-with-pending-h1b-h4-extension/#comments Wed, 31 Jul 2019 18:23:06 +0000 https://am22tech.com/?p=170205 H4 EAD can be filed while H1B or H4 extension is pending. Write H1B pending receipt number on i765 form.

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You can file H4 EAD while H1B or H4 or both H1B and H4 are pending with USCIS.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

You can check the documents checklist to apply for H4-EAD along with the pre-filled I-765 form.

The most asked question about the H4 EAD form is the receipt number that needs to be written on the form for timely approval without an RFE.

i797 number on form i-765:

This should be the primary H1B’s pending/approved receipt number.

H4 EAD i797 receipt number
H4 EAD i797 receipt number

H4 i94 number on I-765 form:

The H4 i94 should be the most recently issued i94 number.

  • If H4 is extended within the US (with no travel outside the US), H4 i94 would be attached to the last H4 i797 approval. This may or may not be updated on the online CBP i94 website.
  • If H4 entered the US using a visa stamp in the passport, then, the i94 can be downloaded from the CBP i94 website.
H4 EAD i94 number
H4 EAD i94 number

H4 EAD Approval Chances

Will H4 EAD be issued with H4 Pending Extension is a common confusion and the answer is that H4 EAD needs an approved H1B and an approved H4 to be approved.

You are allowed to file H4 EAD using your pending H4 extension though.
Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days.

Many people have reported that their H4 EAD status changed to “New card is being produced” when the H4 extension status still shows as “Case was received”. But, within a matter of 1-2 days, the H4 approval comes through.

Can We Travel while H4 EAD is pending?

You can travel while H4 EAD is pending. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too.

File Multiple H4 EAD Applications?

You can file as many H4 EAD applications as you want if you have the money.

We cover multiple situations where you may be confused as to file another H4 and h4 EAD while one set of applications is still pending results from USCIS.

#1 H1B Transfer with H4, H4 EAD pending

Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension.

Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics.

In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer.

#2 H4 EAD pending and H1B Extension time approaching

It is possible that you applied for H4 EAD recently when your primary H1B’s current validity was just about 6 months to 1 year. In this case, your current H4 EAD application may be pending while it’s time to file for H1B and H4 extensions.

In this case, you can file another H4 EAD application while your current one is still pending.

  • You will need to choose the option 1.a. “Initial permission to accept employment” on form I-765 question 1:
H4 EAD file again while current application is pending
H4 EAD file again while the current application is pending
  • and say ‘yes’ on question 12 “Have you previously filed Form I-765”.

Remember that if you ever had H4 EAD earlier, you should select option 1. C and attach the earlier EAD copy with your application package.

FAQ

Can I apply for H4 EAD based on a pending H1B or H4 extension?

You can apply for H4-EAD based on a pending H1B or H4 extension.

What Receipt number to write in Q29 on form I-765?

You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. This can be the pending and not yet approved H1B extension receipt number.

This is NOT the I-140 approval receipt number.

What i94 number should be written on form I-765?

You should write your most recent H4’s i94 number. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time.

Can I file an H4 extension while the H1B extension is pending?

You can file your H4 extension (Form i539) using your spouse’s pending H1B extension receipt number.

Note that H4 will only be approved after the H1B is approved though.

If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application.

Read this recent experience shared by our guests when they filed an H4 extension and then another H4 with an H1B transfer and attended two separate biometric appointments.

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Will Social Security Benefits be Paid in India / Canada If I Leave USA? https://www.am22tech.com/is-social-security-paid-outside-usa/ Sun, 11 Aug 2024 17:25:15 +0000 https://am22tech.com/?p=195895 Get Social security money in India after retirement at age 62 if eligible with 40 SSN credits. Non-US citizens and non-green card holders are eligible.

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Most people in the USA working and contributing to Social Security taxes in the USA are worried about getting something back from the US government at their retirement.

The simple answer is YES, you are eligible to get your social security amount monthly after you turn 62 (retirement age) even if you are outside the US physically.

Eligibility

1 SSN credit is given for 1 quarter of social security tax contribution.

40 credits mean 10 years of contribution if you keep working and contributing without any break.

The 40 credits can be achieved in breaks also.

SSA.gov has a tool to test your eligibility for payments outside the US.

Example:

An H1B worker comes to work for Infosys in the USA. He pays social security tax for 6 years and then returns to India for offshore work. Infosys has an approved i140 for this employee.

He then changes his employer in India and joins TCS (Tata Consultancy Services).

TCS applies for his H1B transfer using Infosys’s approved i140 after 2 years in India and sends him again to the US for a long-term onshore assignment.

As soon as the person joins the TCS in the USA, the payroll starts again, and social security tax is automatically deducted before in-hand pay.

He has worked for another 5 years and continues to contribute to Social Security.

Case 1Case 2
Total years of work11 years (6+5 years)9 Years 8 months
Total quarters of work44 (11 * 4 quarters per year)38
Total SSN credits44 Credits38
Eligible for SSN benefitsYesNo

How to check my Credits?

You can register on the Social Security website for a free account and connect it with your SSN.

The website is pretty user-friendly and will show all your contributions irrespective of your work breaks.

Social security - 40 credits
Social security – 40 credits

You can even use your social account login like Facebook or Google to create an account on the SSA.gov website.

How to Apply for Social Security outside USA?

If you are living outside the USA and want to claim social security, you need to apply for it explicitly in the Social Security office located in your country.

If your country is not listed on the SSN website for an office location, then you should contact the US embassy in your country for the next steps.

Example:

If you are in India, you will need to visit the SSN office in Manila. You will need to visit the office 3 months before your retirement age i.e. 62 and apply for receiving benefits.

Apply social security retirement from India
Apply for social security retirement from India

Once your application is approved and you are eligible (have 40 credits), you will start receiving your money in India.

How Much Money Will I Get As Social Security?

The amount of social security is calculated based on several factors. You can check an estimate of how much money you are eligible for by entering your average salary in the calculator provided by the SSA.GOV website.

You will need to register on the SSA.GOV website to access this calculator.

How much social-security will I get in retirement from India
How much social security will I get in retirement from India

H1B workers Eligible to Get Social Security?

I discussed this topic with one of my guests on my YouTube channel and they also have the understanding that one is eligible to get Social Security outside the USA:

FAQ

I am not a US citizen or Green card holder and live in India. I worked in the USA for 10 years and paid social security taxes. Will I get my social security monthly in India?

Yes, you are eligible to get Social Security benefits in India if you have a minimum of 40 credits as per the SSA.gov criteria.

I worked for 10 years using H4 EAD and then moved to Canada with PR. I do not want to return to the US now. Will I get Social Security when I retire in Canada?

Yes, you will be eligible to get social security money monthly when you retire at the age of 62 as per USA social security rules.

Do I need to pay income tax in India or Canada for US social security at retirement time?

Yes, you will have to pay income tax in India or Canada or whichever country you are in based on that country’s income tax rules.

Do non-US citizens qualify for social security after retirement?

Yes, non-US citizens are eligible as long as they have contributed to social security tax for at least 40 quarters.

If I stop working in the US immediately after 40 quarters (10 years), then does it impact my social security qualification?

No. As long as you have contributed for 40 quarters and got 40 credits, you will stay eligible to get social security money after you reach retirement age.

Can I add my dependents as beneficiaries before reaching the retirement age?

No, you cannot add dependents as beneficiaries until you reach the retirement age.

Is there a requirement to be in the US for a month every 6 months post-age 62 to avail of the retirement benefit?

No, there is no requirement to be in the US or visit the US.

If you are a US green card holder, then the green card maintenance conditions may require you to keep coming back to the US but they do not affect your Social Security eligibility.

Do I need to inform the Social Security Office that I am leaving the USA?

There is no need to inform the Social Security Officer about your departure from the USA.

Everything is automatically connected and updated through your payroll deductions. If you ever return to the USA and your employer runs your payroll, the SSN deductions will be attributed to your account automatically.

Can people who do not have 40 credits get their Social Security contributions back once they leave the USA?

No, you will not get any amount back if you have not contributed for at least 40 quarters.

Is H4 or L2 EAD worker eligible for Social Security outside the US?

Yes, you are eligible if you qualify with 40 credits.

The post Will Social Security Benefits be Paid in India / Canada If I Leave USA? appeared first on AM22Tech.

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Send New H4 i94 to USCIS for EAD Auto Extension? (Interfile Cover Letter) https://www.am22tech.com/usa-i94-interfile-letter/ https://www.am22tech.com/usa-i94-interfile-letter/#comments Thu, 18 Nov 2021 17:51:21 +0000 https://am22tech.com/?p=193601 Request USCIS to use new H4 i94 by interfiling for pending H4 EAD i765 application. Get auto extension with new i94 at border or after travel.

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H4 EAD is eligible for the auto extension as per new USCIS rules.

Once you have the new H4 i94 in hand, you can send it to the USCIS via interfiling to get extended validity for the pending H4 EAD. USCIS does not ask you to send this new i94 explicitly to get an auto-EAD extension, but, we recommend it.

Interfiling is nothing but an informal process where you send the document to the USCIS service center with a cover letter that explains what you would like to do.

  • USCIS does not send any receipt or acknowledgment for interfiled documents.
  • There is no other formal process by USCIS to accept your new i94 unless they explicitly request it via an RFE (Request for Evidence).

Documents Required

You can write a simple cover letter by typing and including all your i765 details or use the app to generate one.

The app sends you the generated letter by email. You can then print it on A4 size white (or pink/green to highlight) and then attach the following documents in this order:

  1. i94 Interfile Cover Letter (Keep it on TOP).
  2. H4 most recent i94 copy (paper-based or downloaded from CBP site).
  3. H1B i797 approval copy.
  4. H4 EAD i765 receipt copy.
  5. Current H4 EAD card’s front and back side copy (even if expired).
  6. Current Passport Copy (pages with photo and address).
  7. Expired Passport Copy (if this new i94 is attached to this old passport number).
  8. Any one current address proof (like Driving License, utility bill, etc.)

Use a paper clip or a binder to tie all the documents. Do not use a stapler.

We strongly recommend sending your i94-interfile package either by UPS, FedEx, or USPS with tracking.

You should send it to the USCIS service center where your i765 EAD application is currently pending. This address is available on the i765 receipt notice.

How to Write an i94 Cover Letter

The language in the letter by App is tried and tested and has been devised based on real-life successful cases.



Open App in new Window

The benefit of using the app is that it validates all the data and avoids mistakes thereby increasing the chances of interfiling success.

#Step 1 – Enter i765 EAD Receipt Details

Visit the USCIS i94 interfile letter app.

Click the ‘Scan i-765 Receipt (Full Image)‘ button. You can enter the data manually as well if you do not want to scan your USCIS i765 EAD receipt.

Scanning helps fill the form automatically.

USCIS receipt scan and fill form
USCIS receipt scan and fill the form

Click the ‘Scan & Fill Data‘ button to start scanning.

The app uses its AI algorithm to read the USCIS receipt you added. It will show what values were read correctly and what others could not be read reliably.

USCIS receipt data scanned by am22tech app
USCIS receipt data scanned by the am22tech app

If the scanned values appear to be wrong, you can edit them manually in the form.

At this time, the app has automatically filled the form with the values it was able to read from the scanned document.

#Step 2 – Enter H4 Name & Birth Details

Your name and birth date would be pre-filled if it was found in the scanned USCIS receipt. If not, then you can enter or edit manually.

i94 Interfile letter - add name and birth details
i94 Interfile letter – add name and birth details

#Step 3 – Enter your A number

Again, if the A-number was read from your i765 receipt, it will appear here.

If you do not know your ‘A-number‘, then you can leave it blank here.

#Step 4 – USA Last Entry Status (i94)

This is the most important step where you provide your most recent i94 information.

  • If you visited any of the US land borders, then you will have a paper i94 issued by CBP. This i94 will also be available online on the CBP website.
    • Both online and paper i94 details should match if it’s the most recent i94.
    • If paper i94 does not match the online CBP i94 but it is the most recent, then use paper i94 details here.
  • If you traveled by air or sea outside the USA and then got the new i94, then download it from the CBP website.
Enter i94 details
Enter i94 details

#Step 5 – My Contact

We suggest entering the same address as you wrote on your EAD i765 application form.

If you have changed your address after filing the i765 application and then filled the AR-11 form to inform the USCIS, then use the new address here.

This should be a US mailing address.

#Step 6 – Sign & Place (Optional)

You can enter the signing date and place to be printed on the letter. If you do not fill it in the form, then you will need to write it by hand before sending it to the USCIS.

  • Sign Date: Date today or any date in the future when you want to use this document.
  • Sign Place: City or state name where you are present at the time of signing this interfile letter.

#Step 7 – Header & Footer (Optional)

This section is optional for individual users. If you are sending this letter by yourself, then we suggest leaving it blank.

It can be used by companies and/or Attorneys to print custom text on the letter header and footer.

Add Barcodes & Generate a Letter

The app also gives you the option of adding your i765 case number barcode and A number barcode to help USCIS easily scan your application.

Barcodes on i94 interfile letter
Barcodes on i94 interfile letter

The barcodes are printed in USCIS-acceptable format automatically by the app if you select the options.

Barcodes are printed on top of the letter to help USCIS mailroom personnel quickly locate your pending EAD file.

ReApply H4 EAD after Getting a New H4 i94?

A common question is “Do I need to Re-Apply for H4 EAD once we have got the new I94 at the border?”

The answer depends on the way H4 has been filed:

#1 H4 Extension & H4 EAD are pending

There is no need to re-apply for H4 EAD once you have got a new H4 i94 at the US land border or by way of traveling outside the US.

#2 H4 COS & H4 EAD are pending
If you filed an H4 change-of-status and H4 EAD, then we strongly recommend reapplying for H4 EAD and sending the i94 interfile letter.

Why send an i94 if reapplying for H4 EAD with a new H4 i94?

Sending the new i94 to be attached to your currently pending H4 EAD may help you save USCIS processing time.

If the USCIS officer uses it or may then ignore the H4 COS application denial. Note that H4 COS will be denied since getting a new i94 automatically abandons your pending Change of status application.

FAQ

My i94 is attached to my old expired passport. Does it affect my EAD application?

The old expired passport number attached to the most recent i94 does not affect anything.

Do not worry.

Will USCIS send a receipt for the i94 Interfile?

USCIS will not send any receipt for your interfiled i94.

If they accept it, you will straightaway get EAD approval.

Will USCIS send an RFE to request a new H4 i94 if I visit the US border?

The USCIS officer working on your EAD case may request the new i94 if you travel or visit the land border to get a new i94.

USCIS automatically gets this new travel information too through CBP. But, in some cases, they do request a new i94 by way of RFE.

When Should I send the new H4 i94 to USCIS to get an automatic EAD extension?

You should ideally send the new H4 i94 before your current EAD card expires to be on the absolute safe side.

This way, you have the proof and can use the automatic EAD extension.

Is it Mandatory to send the new H4 i94 to USCIS?

It is not mandatory to send the new H4 i94 to the USCIS.

Many people had gotten their H4 EAD approved even when they did not send the new H4 i94 to USCIS but some others have gotten an RFE or their EAD was denied. So, there is no one rule here.

It is your choice.

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H4 EAD Approval After Biometrics (With H1B Premium?) https://www.am22tech.com/ead-approval-after-biometrics/ https://www.am22tech.com/ead-approval-after-biometrics/#comments Tue, 11 Jun 2019 22:21:28 +0000 https://am22tech.com/?p=169982 Get H4 EAD approval after biometrics in 15 days if you upgrade H1B to premium after fingerprint completion. Send Biometric attendance letter with i-907 application.

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USCIS has suspended H4 and L2 biometric requirements starting May 17, 2021, for 2 years but has still not been able to catch up on their processing time.

The steps mentioned here DO NOT work at this time. They used to work before COVID but have not yielded any result recently in 2021.

We will update this page once we get real-life successful case information.

If you filed a standalone H4EAD, USCIS will approve your application as the i-765 form does not need biometrics.

H4 EAD approval after Biometrics in premium 15 days can be achieved if you follow this trick:

  1. File H1B, H4, and H4 EAD concurrently in regular.
  2. Wait for 10 working days after attending biometric appointment.
  3. Upgrade H1B to premium after about 10 days of biometric completion. Include your biometric completion receipt with the premium upgrade application.
  4. Get H1B, H4, and H4 EAD approved within 15 days.

Earlier, some people had reported that California and Nebraska approved their H4 and H4 EAD within 15 days when their application was filed with an H1B premium.

The trend here suggests that your H4 biometric appointment should be completed before your H1B application is picked up by the USCIS officer for approval:

USCIS has also started denying the EAD expedite requests without even giving you a chance to prove your emergency!

Can H4 EAD litigation by RN Law group Get Fast Approval?

Filing H4 EAD litigation can help you get fast approval but is not guaranteed.

you should expect the EAD approval in about 30 to 60 days after joining the court case.

My H4 EAD is approved but the H4 extension is still pending

It is normal to get H4 EAD approval first and then H4 extension approval.

There is no need to worry. In fact, it is a good sign that your H4 EAD has been approved first. The H4 extension approval should be on the way too in about 1-30 days.

Can I start Working If H4 EAD is approved but H4 Change of Status is pending?

You cannot start working if H4 EAD is approved but the H4 Change of status is pending. This is because you need a new i94 which shows your status has changed to H4.

You can use the H4 EAD card to work only if your status is H4 in the US.

Can I Continue my Job if Current H4 EAD has Expired but renewal is pending?

You cannot continue your job if the H4 EAD card has expired and a new one is pending approval.

Many people get confused with the generic automatic 180-day extension message printed on form i-765.

Beware that C(26) category is not eligible for automatic extension or interim EAD. The same rule is applicable for L2 EAD too.

We have collected this data based on our multiple H1B WhatsApp groups and forums that our guests have reported.

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How to file USCIS EAD Expedite Request (Job Loss, Medical Reason) https://www.am22tech.com/ead-expedite-request-with-uscis/ https://www.am22tech.com/ead-expedite-request-with-uscis/#comments Mon, 29 Oct 2018 15:00:37 +0000 https://am22tech.com/?p=168392 USCIS EAD expedite request financial loss letter has low approval chances. Congressman increases chances with medical emergency, financial loss, losing job.

The post How to file USCIS EAD Expedite Request (Job Loss, Medical Reason) appeared first on AM22Tech.

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You can and should raise an expedite request if your EAD is pending and you are on the verge of losing your job.

  • H4/L2 extension pending biometric, EAD pending: Your EAD cannot be approved until the H4 extension is approved. At this time, USCIS has waived the biometrics for two years from May 2021 onwards.
  • Biometric Completed/Reused/Waived, EAD pending: You should try and raise an expedite request if EAD is pending for more than 90 days. You have a good chance of approval.
  • Green Card i485 EAD: Biometric is needed for i765 EAD filed with i485 AOS application. Your EAD can be approved even when i140 is pending. USCIS may send biometric for child under 14 or may decide to waive it. Recently with the influx of EB2 to EB3 downagrade i485 filing, they have waived child i765 biometrics.

Many people reported that USCIS is approving their EAD expedite request if the job is in the medical field or your employer has a healthcare-related business.

How to Raise Expedite Request?

You will need your USCIS EAD case receipt number to create an EAD expedite request.

Time needed: 15 minutes.

How to make USCIS EAD expedite request?

  1. Call USCIS or Take InfoPass Appointment

    Make EAD expedite request by calling USCIS on 1-800-375-5283 (recommended).

    The dialing code to speak directly with a Customer Representative is 1-2-6-1-1. They keep changing the options and hence you should keep trying.

    You can also raise an EAD expedite request by chatting with USCIS Emma chat.

  2. Have on hand the following information: Receipt Notice/Receipt Number, DOB, Mailing Address & Physical Address, attorney’s name & address (if applicable).

    You can also visit a USCIS local office with an InfoPass appointment or write a letter to the field office or service center (not recommended).

    If you are outside the United States, you should submit your requests to the USCIS office in your country.

  3. Expedite Request Sent to USCIS officer

    The USCIS sends your expedite request to the USCIS office who is processing your EAD application.

    You will an email notification and a tracking number for your EAD expedite request.

  4. USCIS officer contacts you

    USCIS officer may contact you by email to submit further evidence of your situation.

    You should be ready with supporting documents to prove your case.

Expedite Timeline

Once you raise your EAD-expedite request, USCIS creates a case and sends it to the USCIS service center where it is currently pending. You can see the case updates on the case status website as:

On April 9 your request to have your case expedited, referral number xxxx, was assigned to an officer for response.

On April 12 we sent a response to your request to have your case expedited, referral number XXXX,

On April 12 your request to have your case expedited, referral number XXXX, was completed.

Your case will then be reviewed by the USCIS case officer and he will decide if more documentary proof is required or not.

If the officer wants more information, you will receive an email from the USCIS case officer. This email will have this text:

“Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please scan and e-mail documents supporting your expedite request to @uscis.dhs.gov”

NOTE: Please include the receipt number and ATTN: xxxx in the subject line of your e-mail.

***The information must be received within 48 hours of the date of this notice. A decision in regards to expediting your request cannot be made until this documentation is received. Any documents submitted, in a foreign language, must be accompanied by a full English translation–***”

You should respond back with the evidence to the USCIS email address as early as possible.

Once your EAD expedite request is approved by the USCIS case officer, you will get another email with this text:

“We***have received the requested evidence. The documentation submitted meets the requirements for expedited processing of your application. You should receive a decision or notice of further action within 45 days”***

The processing time will be mentioned as 45 days but the EAD approvals are given within 10 days of this email.

Chance of Approval

  1. EAD expedite chances for financial loss, job loss is just 1%.
  2. EAD expedite chances for financial loss, job loss with Congressman letter rise to 20%.
  3. EAD expedite chances for MEDICAL emergency + financial loss + job loss are very good at 90%.

CongressMan – Good Chance

You can find your congressman based on your address and request them to send this ‘expedite request’ to USCIS on your behalf.

You will still need the supporting documents for the expedite reason you give. Some people have successfully got their L2 and H4 EAD expedited within a day with the congressman’s help.

USCIS needs a strong reason to process your faster than other pending applications. You can use one of the following reasons:

Reasons for EAD Expedite

#1 Severe Financial Loss to Company or ​Person​

Top reasons for EAD expedite financial loss to mention in EAD expedite cover letter:

  1. You will lose your job if your H4 EAD renewal is not approved before the current EAD’s expiry.
  2. Your job offer will expire if new L2 EAD is not approved before a certain date.
  3. You are joining a start-up company that is investing in a new project that needs immediate resources and you are one of them. The company will suffer huge losses if the project is delayed if they do not start by a certain date.
  4. Mortgage payments cannot be made if you lose your job.
  5. Child support cannot be paid if you do not join the new job offer that you have got. – Good reason.
  6. Medical treatment costs cannot be paid if you do not continue your EAD job – This is the strongest reason out of all above.

Documents to prove a financial loss for EAD expedite

  1. Letter from employer stating you have to provide EAD status to continue working.
  2. Job Offer letter
  3. Employment agreement
  4. Medical documents of parents’ treatment and expenses (if any) – This is very important as this can make the difference between expediting request approval and denial.
  5. Child support documents  

A user recently reported that their L2 EAD expedites request was approved based on the above set of documents and medical conditions.

EAD expedite request chances of Approval without any medical financial reason are very low.

#2 Humanitarian reasons

If there is an Outbreak of war in your home country, you may be given a US work permit faster than others.

This is very tough to prove but if you can, your i485 or other asylum EAD has very good chances of Approval faster.

#3 USCIS​ Interest

Department of Defense or national interest situation or DHS cases have good chances of expedited approval. The request should be made by the official U.S. government officials and show that the EAD approval delay will cause losses to the government.

#4 USCIS Error

If USCIS made a mistake in your last EAD application, your chances of EAD expedite requests are brighter with current pending work authorization requests.

With unusually high current EAD processing time and no automatic temporary EAD extension of 180 days available, this expedited request is the only option for H4 and L2 EAD workers.

Financial Loss Sample Letter

You can file EAD expedite request with USCIS for the reason that you or a dependent is extremely ill with a disease. You will be required to submit the proof of illness with the Doctor’s opinion letter.

To,
USCIS

Subject: EAD expedite Request due to Financial Loss & Medical Emergency

USCIS EAD Receipt number: EAC………

I have filed my H4 EAD renewal request 90 days before expiry.
The application is currently pending with USCIS for approval even after 30 days of filing. We could not file the EAD application 180 days in advance as we were waiting for H1B extension approval.

We have a special need child whose medical support cannot be paid if I lose my current job due to delay in EAD approval.

Current medical treatment costs are shared by my spouse and me equally. We request you to please approve my EAD as your earliest possible convenience.

Attached Documentary Proof:
1. Doctor’s Letter.
2. Last 3 months Medical Receipts.
3. Job offer letter
4. Recommendation letter from Manager/Employer (Optional)

Denial for Financial/Employment Loss

Many people have reported that they have received an expedite request denial when they raised H4 EAD through congresswoman based on financial loss due to job loss:

“Good afternoon,
This email is in response to your inquiry regarding the Form I-765, Application for Employment Authorization (LIN1990xxxxxx) which Mr. Singh filed with USCIS on May 17, 2019.

According to USCIS records, your constituent’s application is pending assignment to an adjudications officer at the Nebraska Service Center (NSC). Currently, the NSC is processing most forms of this type within approximately 5.5 months from the receipt date.
While we recognize the concerns of your constituent, we are informed that expedited processing requests based on loss of employment or future employment will not be granted in cases of this type. Expedited processing requests in these cases will only be considered if the request is based on an extraordinary circumstance (e.g., a natural disaster, a medical emergency with an extended hospital stay, or there is a national interest in the applicant). If there are other or additional circumstances which relate to these types of circumstances, your constituent may submit another request with supporting documentation.

Respectfully,
█████████
Congressional Liaison Specialist
Congressional Unit
USCIS – Nebraska Service Center
Telephone: █████████
FAX: █████████
E-mail Address: █████████”

FAQ

Can we request EAD expedite approval if losing a job?

You can request for EAD expedite approval with financial loss as the reason but chances of its acceptance are very low unless you have any medical emergency along with financial loss.

USCIS rejects the requests even if you have a job offer that might expire if you do not get EAD approval.

EAD expedite request processing time?

USCIS can take up to 45 days to approve your EAD once they have accepted your EAD expedite request. Practically, we have seen approvals within 10 days.

Chances of EAD expedite request Approval with Congressman?

The chances of EAD expediting approval with Congressman help are very good.

Chances of EAD Expedite Approval?

USCIS does not approve EAD expedite requests unless you have a real emergency other than job loss.

You will have to provide documents to prove your claim. The final decision to expedite the request rests with USCIS.

Reference: USCIS

The post How to file USCIS EAD Expedite Request (Job Loss, Medical Reason) appeared first on AM22Tech.

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