Do we get RFE for H4 EAD?
USCIS has issued an RFE for H4 EAD renewal when it was filed with H1B transfer and H4 extension concurrently.
Does H4 EAD get rejected?
The visa sponsor (or principal applicant) must be able to take care of their H4 dependents. The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line.
How long does it take to get RFE response EAD?
60 to 90 days
If you get RFE for H4 EAD, you need to respond at the earliest to them for avoiding delays. It can take anywhere from 60 to 90 days for processing of the EAD applications after RFE response was submitted.
What happens to H4 EAD if spouse changes employer?
If you change employer, and your old employer doesn’t cancel your I140 and you get a new H-1B then nothing happens to the H4 EAD since it is associated with the H-1, basically if you’re out of status so is she.
What is RFE in H4?
Since this is a new law and there will be trial and errors from many we are expecting a number of request for evidence (RFE) to be issued. With a good knowledge of the H4 visa, we have tried to compile a number of possibilities of request for evidence for our readers.
What happens if H4 gets rejected?
If your application for an H4 visa is rejected, you can reapply to try again. As long as your sponsor still has their visa and you haven’t broken any immigration law or other laws in the U.S., you can submit another application.
Is amendment required for H4?
No separate amendment for H4 is needed. Contact your employer’s US immigration attorney.
Do I need i140 for H4 EAD?
H4 EAD USCIS Rules The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories like EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS.