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H-4 dependents will be able to file for work authorization beginning May 26, 2015.

By Maria L. Santos - Posted on 20 May 2015

If you haven’t yet heard, soon Spouses of H-1B Specialized Workers (ie. H4’s) will be eligible to work.

USCIS is expected to start accepting applications for H-1B spouses on May 26, 2015. Here are the eligibility requirements:

  • The H-1B Specialty worker must have an approved I-140 or has been granted H-1B extensions under AC21 for principal alien (extension beyond 6th year).
  • Both the H-4 and H-1B must be in status.
  • H-1B may be working for a different employer than the one that filed the I-140, as long as the I-140 was approved and remains valid (ie. has not been revoked).
  • If the I-140 was revoked by the employer, EAD (work permit) will not be granted to the H-4

Some FAQ’s relative to this issue:

Q: Will USCIS accept applications after 5/26/2015 or will it only accept them on that one day?
A: Applications will be accepted on AND after 5/26/2015. Just not before 5/26/2015.

Q: What is the processing time for H-4 work authorization?
A: 90 Days or longer depending on initial heavy case load

Q: What are the processes and addresses for filing?
A: Forthcoming.

Q: Which forms will be required?
A: Revised forms I-539 and I-765, which are forthcoming.

Q: Can a I-765 be filed simultaneously with a I-539?
A: Yes.

Q: Will the H4 receive a EAD card?
A: Yes.

Q: When can an H-4 get a social security number?
A: When the H-4 received the EAD card, then he/she must apply at the social security office.

Remember to get an attorney who specializes in the field to assist you in this process. Call our office and we can get you started!

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