Thursday, June 11, 2015

Filed your H4 EAD, what should you expect next? Know your rights as an immigrant!

H4 visa holders have waited endlessly for the H4 EAD rule to pass, then they waited for May 26, 2015 to file for their employment authorization document (EAD), now what?  The truth is that if the paperwork was properly prepared and filed, there is not much to be done at this point. There are only few possible outcomes will be:

1. Wait for a receipt and then hopefully and approval will come within the next 90 days or so;
2. Once the receipt is obtained, watch if there is a possible RFE (Request for Evidence).  Note that if you filed on your own and changed address, you might want to file an AR-11 for change of address. If you filed via a real attorney, the document will probably be sent to the attorney or representative. If there is a RFE, we recommend you hire an attorney to help. You can contact us at 510 742 5887 for help;
3. After the receipt, after some months, you should receive an approval and ultimately your EAD card in the mail. We are expecting a turnaround of 6 weeks to 12 weeks before this happens; OR
4. A denial of the H4 EAD.

Depending on your circumstances whether you were filing for a change of status (COS) concurrently with the H4 EAD, the processing time will differ.  Those who are already on H4 when filing are expected to receive their EADs earlier. However, the USCIS can always question whether you maintained status or your H1B spouse maintained status. So make sure you are ready for such issues.  Lately we have seen an increase in investigation regarding H1B and H4 visa holders regarding maintaining the status.  If you are approached by any government authorities, we recommend that you tell them, you would like the presence of an attorney before speaking to them. Of course please be polite. The slide below might help. You can always call us at (510) 742 5887 if you need assistance, our lawyers have helped many in such immigration issues.