H4 EAD and I-140: Understanding the Connection

As an SEO expert at Google, it's important to provide accurate, valuable information that aligns with Google's criteria. This article aims to break down the relationship between the H4 EAD and the I-140 petition for those seeking immigrational status in the United States.

Can We Get H4 EAD Without I-140 Approval?

No, you cannot get an H4 EAD if the primary H1B applicant does not have an approved I-140 petition. The H4 EAD (Employment Authorization Document) is specifically designed for the dependent spouses of H1B visa holders whose I-140 petitions have been approved, as these approvals pave the way for the issuance of green cards.

Unfortunately, the dependent spouse can only apply for H4 EAD after the primary H1B holder has the I-140 approved, or at the very least, is in the process of filing the I-140 petition. Thus, the approval of the I-140 is a prerequisite for the dependent spouse to be eligible for an H4 EAD.

Requirements for H4 EAD

The requirement for an H4 EAD is that the principal H1B applicant must have an approved I-140 after a minimum of 180 days of approval. Without this prerequisite, the spouse is generally not eligible for an H4 EAD.

However, if the principal applicant has an approved I-140 but is unable to produce the copy of the approval, an H4 EAD can still be applied for with some supporting documents. These documents may include proof of an approved I-140, prior employment history, and other relevant documents. This is a common issue for many immigration cases.

Alternative Options for H4 EAD

If the principal applicant does not have an I-140 approved, the dependent spouse is not eligible to apply for an H4 EAD. In such cases, the only other option would be for the spouse to apply for their own H-1B or another independent work visa.

H-4 visa holders are ineligible for an EAD unless their spouse has an approved I-140 with a retrogressed priority date, as this can sometimes open up alternative pathways for employment authorization.

IT Background: A Special Consideration

While the I-140 is always required for an H4 EAD, there is a special consideration for those with an IT background. In the IT sector, it is common to seek the help of a consultant to apply for the H1B visa. Some consultants are willing to apply for H1B visas for their clients, which can enable them to start working even before the I-140 is approved.

Advantages of this route include the ability to start working immediately, regardless of the I-140 status. However, this option comes with specific disadvantages, including the need to adhere to the annual H1B lottery system. Additionally, the IT industry often benefits from a more flexible application process within the same time frame, unlike other engineering disciplines which have very limited opportunity.

Nonetheless, as of the current year, due to the missed application deadline, this option is not available. Yet, for the upcoming year, the H1B application process remains accessible. This route is particularly beneficial for individuals with an IT background, who can continuously find consultants to assist in their H1B visa application.

In conclusion, understanding the relationship between the I-140 and H4 EAD is crucial for those navigating the complex immigration process. With a clear grasp of what is required, individuals can make informed decisions and take appropriate actions to ensure their eligibility for employment authorization. Whether seeking immediate work authorization through an IT specialist or obtaining a separate work visa, there are a few options available, but each comes with its own set of considerations and requirements.