Notes from USCIS Conference Call on H-4 Spouse EAD; Recording Available for Download

Our office just completed participation in the very-busy USCIS conference call to discuss and answer questions about the upcoming H-4 Spouse EAD rule.   We are happy to share our immediate notes and reactions from the call to our readers.   We also have upcoming engagement options for our attorneys to provide more information and answer further questions about the process.

Our Notes from the H-4 Spouse EAD Conference Call

I-140 Petition from Former Employer.   One of the biggest questions about the H-4 Spouse EAD rule was answered – according to the panelists from USCIS, an approved I-140, even from a former employer, would permit an H-4 Spouse EAD when the H-1B spouse has started working for a new employer and the new employer has not obtained an approval of the new I-140.     This is great news and was one of the biggest unanswered questions about the rule.

However, the panelists specifically indicated that a withdrawn I-140 petition by the former employer means that there is no longer “approved I-140” and, as a result, there is no longer H-4 Spouse EAD eligibility.

Concurrent I-539 and -765 Applications Allowed.   H-4 Spouse EAD applications (on Form I-765) can be filed concurrently with I-539 and even I-129 petitions, when the circumstances permit.    It is expected that in many cases both the I-539 and the I-765 applications will be adjudicated at the same time.

H-4 EAD Validity.   The term of H-4 Spouse EAD card validity is expected to be the same as the underlying H-4 status.   The EAD will be valid from the date of approval until the H-4 status expiration date.    But a valid EAD is required at all times to work – so proper planning for the extensions of status and EAD is key.    The H-4 Spouse EAD will be valid for employment with any employer and there is no requirement that an H-4 Spouse EAD holder be employed at all times.

EAD Is Not a Travel Document.   The EAD itself would not permit travel to the U.S.  An H-4 spouse who has an EAD will need an H-4 visa stamp in order to travel back to the U.S.   The EAD only allows employment during its validity period.

Mechanics of the Application Process.   New Form I-765 with instructions will be released over the next days or few weeks.  The application will be filed on paper (no electronic filing, at least for now) and must include full documentation of eligibility.   In cases where certain documents are not available, providing as much relevant information as possible is key in order to allow USCIS to look up information about a case.   The application does not anticipate (for now) having to do biometrics – instead, the application will request submission of photos.

Unanswered Questions.   There were a few questions about some fairly complex situations which USCIS took under advisement and we should expect more information in future USCIS communications about the H-4 Spouse EAD rule.    Our office will certainly provide more information about once we have any news.

Opportunities to Learn More and Discuss With Our Attorneys

To accommodate the great demand of clarification and create a public forum for this, our attorneys will be conducting series of Q&A events focuses solely on the H-4 Spouse EAD rule, as follows:

• Online Chat – Thursday, February 26, 2015 at 3:00 PM EST – free online chat session with Capitol Immigration Law Group attorneys to discuss the H-4 Spouse EAD rule and answer questions about the rule.    Attend the live chat session.
• Webinar – Tuesday, March 3, 2015 at 1:00 PM EST – free webinar with a more detailed and formal presentation and discussion of the rule, its criteria, mechanics, requirements and challenges.   Register for the free webinar (space is limited).

USCIS H-4 Conference Call Recording

For those who were not able to attend the call but wish to hear a recording, please follow this link.

Conclusion

We will continue to provide information on this rule as it becomes available.     Please do not hesitate to contact us if we can review your case, answer any questions or schedule a consultation.   We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.    We can also provide a quote for the attorney service for filing the H-4 Spouse EAD.