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H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. USCIS should share more details on how the premium processing will work for H4, L2, and F extension cases when the biometric is an important step in the middle. The first and most viable solution is to obtain a work visa yourself. Copy of your passport. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. This is much better than filing court litigations or losing a job. 2023 AM22Tech| Processing time 15 to 45 days. At this time, many people just file an EAD lawsuit court case which itself costs about $3-4k. 2023 Cohen, Tucker & Ades P.C. Fortunately, this is not a one-time opportunity. Thanks. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. This is because the USCIS could potentially send a request for additional information or a. The regulations state that your H1B spouse needs to just have an approved I-140. The group urged the administration to make it a policy to allow for concurrent processing of H-1B/H-4 applications when filed together, implement premium processing for H-4 and H-4 EAD . Employment authorization is incorporated into the visa itself, even for spouses. This long-awaited change is a relief for the thousands of, who will be eligible for the benefits of employment. Inclusion of I-765 in premium processing may decrease EAD delays, but many see it as extortion. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. Fee varies from $1500-$2500. The only way to get employment authorization, in this case, is to already have H-4 status. See the below timeline for additional details. Refer to your receipt notice to find your form, category, and office. Regulatory . Many households need two incomes in order to make ends meet. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 3. Despite this relief, H-4 EAD holders still cannot work past the expiration date of their I-94. As noted in the rule's preamble: . The H4 EAD application fee is $410. Contact us for help today. It is set to be $1,500 USD as per regulation. To request premium processing on or after January 30, the Form I-907 (Request for Premium Processing)?version dated November 3, 2022?must be filed. Fifteen days to get EAD card. H4 EAD Premium Processing And 2022 Visa Application Guide. As a result, we may see some activity for H4 and H4 EAD premium Processing by September 2021. 2023 AM22Tech| H4 EAD is eligible for 540-day auto-extension if their H4 i94 is also valid for those 540 days. Customer service is a top priority for USCIS, and we remain committed to ensuring that applicants and petitioners have timely, meaningful access to assistance and resources. H4 & EAD premium processing starting May 31, 2022. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. They have a thorough knowledge of the H-1B process and this new EAD rule. You may even be able to work remotely for that company from the United States if the situation meets certain criteria. Your personal information is protected by our Privacy Policy. Policies regarding automatic extension and premium processing for H4 EAD have not yet been announced. Happy to announce our settlement in #Edakunni for #H4EAD and #L2 work authorization issues. You are not permitted to work with an ITIN number. Further, H4 visa holders will get automatic extensions of their H-4 EADs until the expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner. Conclusion Official websites use .gov However, having advance parole means that your spouse does not have a valid H-1B status, which also means that you do not have a valid H-4 status and are not eligible for EAD. What's worse, if concurrently filing the H-4 EAD renewal . Birth certificate with photo ID. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. No. The company you hold a contract with might be able to refer you to a U.S.-based tax attorney with experience working for the company. This is a hefty sum, but 30 days . You can see a line-by-line breakdown of the individual components of this in the chart further down. This temporary increase in the auto-extension period will end on Oct 26, 2023. You can return home and perform temporary work in your home country. USCIS responded by implementing an automatic 180-day extension to H4 EAD. https://www.quarles.com/newsroom/publications/impact-and-timing-of-the-dhs-final-rule-to-expand-premium-processing Theyll each have different information that would be relevant to your situation. March 30th, 2022: DHS published the final rule to implement the Premium Processing for H4, H4 EAD, and many others in Federal Register. USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Each . This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. To qualify for an EB-2, you must have an advanced degree or exceptional ability in your field of work. After a long wait, finally, on March 30th, 2022, DHS. Through todays actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. Here is a breakdown of the new USCIS premium processing time and fees. RedBus2US.com 2010 - 2023, All Rights Reserved. Your H-4 status and your EAD are two different processes, as you will need to have your visa status approved before you can get your EAD. Select your form, form category, and the office that is processing your case. Its best practice to respond as early as possible and discuss it with your immigration attorney. Any idea when this will in effect. or even an H-1B visa yourself. After that, I could file concurrently for H1B, H4 extension and H4 EAD in premium processing per the new policy. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. The H4 EAD premium processing is not yet available even though the bill was passed in Congress (2020). It will have to wait in line with all the other applications or petitions of the same type to be processed in the order it was received. If youre found to be working off the books or under the table, where an employer pays you tax-free cash and doesnt list you on their payroll paperwork or employment documents, you can face deportation. We will update here if new information is made available for this. Unfortunately, H4 and H4 EAD Premium Processing will not be part of the initial rollout in FY 2022. USCIS processing times for H4 EAD (Employment Authorization Document) Applications. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. Under normal circumstances, your H-4 EAD validity period would be granted for as long as you had H-4 status. Advance parole allows foreign nationals to re-enter the U.S. without a valid visa status. There is no guarantee that USCIS will expedite your EAD processing once you ask. USCIS processing times for L2 EAD (Employment Authorization Document) . Read: USCIS opens H-1B registration for FY 2023 on March 1 (January 29, 2022) Currently, premium processing is limited to certain Form I-129 nonimmigrant worker petitions and certain Form I-140 . RN Law group reached court settlement. Any update on it ? The USCIS provided a 540-day auto-extension based on the renewal application. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . As of now waiting for Perm, will file I140 in premium. We know that almost all H4 EAD applicants are eagerly waiting for it as they just want to save their hard-earned jobs even if they have to pay an extra fee for the approvals within 6 months. No, they said that they will start implementing it for new filing starting Jan 25. When it comes to extending your non-immigrant status, the I-129 for the H-1B applicant has to be filed no more than 6 months before the beginning date of employment. The employment-basedH-4 EADform is what makes this possible for spouses of certain H-1B visa holders. There also isnt a cap on the number of H4 EADs issued so you can get one as long as you meet the requirements. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. Internally, USCIS monitors the number of pending cases in the agencys workload through a metric called cycle times. A cycle time measures how many months worth of pending cases for a particular form are awaiting a decision. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. I-129: The fee does not exceed $2500 and the processing time is 15 calendar days for H-1B, H-2B, E-1/E-2, L-1A/L-1B, O-1, P-1, and TN. It is good to know that they plan to return to 3 month time period for EAD approvals but it is easier said than done as the official processing times on their publicly available page are usually more than 12 months for each service center.