What are the chances of getting an H4 EAD revoked

1
H4 EAD

• What You Need to Know in 2020

2
H4 EAD

• The H4 visa is the dependent visas that attaches
  to the H1B visa. H1B visas are the most common
  nonimmigrant work visa available to
  professionals. Some H4 visa holders are eligible
  for EAD, an Employment Authorization Document.
•  
• In my practice, H1B families have posed similar
  questions about the nuances of the H4 EAD. I have
  collected these most commonly asked questions
  and compiled the answers for you.

3
Introduction

• How do I apply and qualify for an H4 EAD? 
• Importance of an EAD 
• Is premium processing available for H4 EAD?
• An Alternative to Premium Processing Submit an
  Expedite Request
• Can you pursue permanent residency as an H4 visa
  holder?
• What are the chances of getting an H4 EAD
  revoked?
• Conclusion

4
How do I apply and qualify for an H4 EAD?

• Currently, only the dependent family of H1B
  beneficiaries with an approved I-140, can apply
  for EADs. An I-140 is an employment immigrant
  petition. An I-140 serves as the basis for an
  employment based green card. An approved I-140
  also allows H1B holders and their dependents to
  work beyond the six-years normally imposed on the
  visa.
•  
• H4 status alone does not grant any working
  privilege. A valid Employment Authorization
  Document (EAD) is mandatory. This is different
  form an H1B, principal beneficiary. H1B holders
  can work with their status alone. They need not
  apply for an Employment Authorization Document.
• Qualified H4s can apply for an EAD by submitting
  an I-765 application. Mail this in along with the
  necessary fees to USCIS.

5
Importance of an EAD

• An employer who allows you to work without
  verifying your documents (such as your social
  security number and EAD) could be punished. This
  could come in the form of severe penalties by the
  Dept. of Labor, IRS, or other government agencies
  (such as law enforcement). Companies that
  participate in E-verify may have different
  requirements. Here, they should have different
  internal auditing rules and document collection
  standards. Yet, every employer is encouraged to
  act as if they will have an I-9 audit tomorrow.
•  
• Thus, do not jeopardize your immigration status
  and your employers business by not obtaining
  your EAD. You should have your EAD in hand before
  moving forward with employment.

6
Is premium processing available for H4 EAD?

• Unfortunately, H4 EADs cannot be premium
  processed. USCIS rules have recently fluctuated
  for H1B premium processing availability.
  Although, this did not extend to H4 benefits.
  Therefore, as of today, you cannot premium
  process your H4 EAD.
•  
• An Alternative to Premium Processing Submit an
  Expedite Request

7
Due to the lack of premium processing, consider
submitting a USCIS expedite request.What to do

• Step 1 Call USCIS and have your I-797 Receipt
  Number ready.
•  
• USCIS recommends calling after your I-765 has
  been pending for at least 75 days. Yet, under
  exigent circumstances, I have been able to submit
  this sooner. Be prepared to show the urgency as
  to why you qualify for an expedited EAD.
• Avoid doing this through the online e-service
  platform. USCIS website will state that your
  case has not exceeded normal processing time.
  Therefore, it will bar you from submitting your
  request.
•  
• Step 2 Have evidence prepared as to why you are
  eligible for an expedite.
•  
• Here, the strongest form of evidence is the
  hardship to your employer. Your employer will
  need to show they will suffer if you are unable
  to work.
• Prepare this evidence by submitting your
  employers detailed declaration. The declaration
  should state the type of work you perform and why
  it cannot be fulfilled by anyone else.
•  
• Step 3 After you have submitted your request via
  phone, prepare a follow up.
•  
• Pending on the merits of your request, USCIS may
  contact you. Here, they will ask you to submit
  additional evidence to support your expedited
  I-765. This is where your employers declaration,
  your statement, and any additional evidence you
  have, would be sent in.
• Note that not USCIS will not honor all expedited
  requests. Nonetheless, communicate frequently
  with USCIS. Lastly, be prepared to collect strong
  evidence for your claim. We have seen EAD
  processing times increase significantly in the
  last three years. So, the expedite request tool
  is extremely helpful for our clients.

8
Can you pursue permanent residency as an H4 visa
holder?

• Yes, you can pursue permanent residency as an H4
  holder.
•  
• If you qualify for an H4 EAD, your principal H1B
  holder has an approved I-140. Thus, you are
  likely on your way to residency anyways. Yet,
  maybe you would have a more favorable priority
  date on the visa bulletin. This could be due to
  your country of chargeability (birth). So, you
  should still explore obtaining your own I-140
  approval.
•  
• Again, H1B dependents (H4s) are not allowed to
  obtain work authorization without the approved
  I-140. An I-140 is the employment-based petition
  that is filed to support the foreign nationals
  green card eligibility.
•  
• Fortunately, this is due to the dual intent
  doctrine. Here, H1B holders and their dependents
  are statutorily permitted to pursue permanent
  residency.

9
4. What are the chances of getting an H4 EAD
revoked?

• If you are on your way to adjusting status the
  chances are high. In my practice, the most common
  termination of H4 EADs occurs when my clients
  apply for a green card. This is done through an
  adjustment of status (AOS) application.
  Adjustments of status are pursued through form
  I-485.
•  
• When filing your AOS application, you are likely
  in valid nonimmigrant status. Yet, you abandon
  your valid H4 EAD status upon submitting an
  application for an adjustment based EAD. Upon
  receiving this EAD working pursuant to this
  category, you abandon your H4 EAD. On form I-765,
  this AOS based EAD category is called (c)(9).
  Again, this is reserved for AOS pending
  applicants. When you begin working based on the
  (c)(9) authorization and category, your H4 EAD is
  revoked. While this is authorized pursuant to 8
  CFR 274.12(c)(9), it is not consistent with H4
  requirements.
•  
• Keep in mind that there is no mechanism to revert
  from the lack of valid nonimmigrant status to H4
  status without exiting the United States.
•  
• There is a common misconception that those with
  pending adjustments are in valid nonimmigrant
  status. This is false. Simply because an
  adjustment applicant is authorized to remain in
  the United States and accept employment while the
  application is pending, this does not mean they
  have valid nonimmigrant status. Valid
  nonimmigrant status is defined by INA
  101(a)(15). Here, you will find a list that does
  not include a pending adjustment application.
•  
• Those with pending AOS applications are defined
  as being in a period of authorized stay. This
  status is authorized and granted by the Attorney
  General. It must be distinguished from
  nonimmigrant status permitted by the Immigration
  and Nationality Act. Being in a period of
  authorized stay has similar privileges to valid
  nonimmigrant status. Yet, they are
  distinguishable pending on your individualized
  matter.

10
5. Conclusion

• Remember, the H4 EAD does not need to be a
  complicated process. Know that I am happy to
  break down legal complexities to work with you
  and your family. If you have any questions in
  evaluating your case, please feel free to email
  me directly at Michael_at_AshooriLaw.com. Im very
  responsive via email and I would be happy to help
  you.

11
Visit Our Blog for more
https//www.ashoorilaw.com/blog/h4-ead/