Saturday, May 9, 2015

Draft Instructions for H4 EAD I-765 Application - Warning: this is just a draft!

As expected and indicated by the new H4 EAD rules, the new H4EAD instructions have not been fully finalized.  However, the USCIS has come up with a draft to this effect.

http://www.splawforum.com/blog/wp-content/uploads/2015/05/I765-INS-WIP-H4-01302015.pdf
This is a draft (not an actual instruction) of the instructions for the application of the work authorization on H4. As you can see the words are being included are just a draft and it has not been finalized. However we can assume that this is going to be the same instructions to file. The language below has been added.

Page 4 Reads: "For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated your Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. The 90-day period for adjudicating Applications for Employment Authorization filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status."


SEE the Draft of Instructions for I-765 H4 EAD


Since this is a new law and many are not familiar with it, it is recommended to have a lawyer who has followed the entire process to help. The Shah Peerally Law Group has been advocating for this change of law to get an H4 EAD for a number of years and as such we can gladly say that we have some knowledge of what is coming. Nonetheless this is a new law and nobody can predict what really will be the outcome or the processing time of such applications. We can only guess! If you need help, please call (510) 742 5887.