Key Takeaways:
- H4 EAD remains valid post-H1B transfer until expiration, necessitating renewal with proper documentation.
- Renewal of H4 EAD after H1B transfer hinges on approved I-140 petition for H1B holder, influencing renewal process.
- USCIS provides official and detailed guidance on H4 EAD validity and renewal post-H1B transfer.
H4 EAD Validity After H1B Transfer: A Comprehensive Guide
Overview
The H4 Employment Authorization Document (EAD) allows eligible spouses of H1B visa holders to work in the United States. When the primary H1B holder transfers their employment, it raises questions about the validity and renewal process of the H4 EAD.
Impact of H1B Transfer on H4 EAD Validity
The transfer of the H1B holder’s employment does not automatically invalidate the H4 EAD. The H4 EAD remains valid until its expiration date, regardless of the H1B transfer.
Renewal of H4 EAD After H1B Transfer
The renewal process for the H4 EAD after an H1B transfer depends on whether an approved Form I-140 petition exists for the H1B holder:
- If an Approved Form I-140 Petition Exists:
In this case, a new I-140 petition is not required for H4 EAD renewal. The H4 spouse can file for renewal using Form I-765, Application for Employment Authorization, along with supporting documentation, including:
- Copy of the H1B holder’s passport and visa
- Copy of the H1B transfer document
- Evidence of the H4 spouse’s H4 status
- Copy of the expired H4 EAD
- If No Approved Form I-140 Petition Exists:
A new I-140 petition must be filed for the H1B holder before the H4 EAD can be renewed. The I-140 petition can be filed concurrently with the H4 EAD renewal application or separately.
Official Information Source
For comprehensive and authoritative information on H4 EAD validity and renewal after H1B transfer, please refer to the official website of United States Citizenship and Immigration Services (USCIS): https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-spouses-and-children-h-4
Frequently Asked Questions
Q: How long is the H4 EAD valid after H1B transfer?
A: The H4 EAD remains valid until its expiration date, regardless of the H1B transfer.
Q: Do I need to file a new I-140 petition for H4 EAD renewal after H1B transfer?
A: If an approved I-140 petition exists for the H1B holder, a new I-140 petition is not required for H4 EAD renewal. Otherwise, a new I-140 petition must be filed.
Q: What documents are required for H4 EAD renewal?
A: The required documents include a completed Form I-765, passport and visa copies for the H1B holder, H4 EAD renewal document, and evidence of H4 status.
Q: How can I check the status of my H4 EAD renewal application?
A: You can check the status of your H4 EAD renewal application by visiting the USCIS website and entering your receipt number.
Learn Today:
Glossary of Immigration Terms
1. H1B Visa
– An H1B visa is a non-immigrant visa under United States immigration law that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, and medicine.
2. H4 Visa
– An H4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H1B visa holders. H4 visa holders can live in the U.S. but may only work if they obtain an Employment Authorization Document (EAD).
3. Employment Authorization Document (EAD)
– Often referred to as a work permit, the EAD is a document issued by USCIS that grants the holder the legal right to work in the United States. The H4 EAD allows eligible spouses of H1B visa holders to gain employment during their stay in the U.S.
4. Form I-140, Immigrant Petition for Alien Worker
– This form is used by USCIS for an immigration petition filed by a U.S. employer who intends to hire a foreign worker on a permanent basis. It is also used to request priority date consideration under certain circumstances, and it plays a pivotal role in the process of a foreign worker applying for an H1B to green card (permanent residency).
5. Form I-765, Application for Employment Authorization
– This form is submitted to USCIS by individuals who are temporarily in the United States and seeking employment authorization. H4 visa holders, among others, use this form to apply for or renew their EAD. The process involves submitting identification documents, evidence of eligibility, and occasionally, a fee.
These definitions aim to clarify terms central to understanding H1B and H4 visa regulations and procedures, particularly with respect issues surrounding work authorization and status adjustments.
This Article In A Nutshell:
Transfer of an H1B visa holder’s employment doesn’t cancel the validity of the H4 EAD. The H4 EAD remains valid until expiry. Renewal after transfer varies based on the existence of an approved Form I-140 petition for the H1B holder. Required documentation includes Form I-765, passport copies, transfer document, H4 EAD copy, and status evidence.
— By VisaVerge.com
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