Work Permit Delayed?

 

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Employment Authorization Document (EAD)

Work Permit Delayed? 

Most green card applicants file an application for employment authorization along with their application for a green card. This temporary permission to work allows green card applicants to work while waiting for a decision on the green card application. It should be issued within 90 days of filing the application.

What can you do if your work permit application is pending  for more than 75 days?

Call the Immigration Service National Customer Service Center (NSCS) at 800-375-5283 and ask for a service request. The NVC will send this request to the service center that is processing your case.

– The NVC will ask for your filing receipt number when you call. This number can be found near the top of the notice you receive after you file an immigration application.

What can delay your work authorization?

  • If the Immigration Service asks for more initial information, the 90-day clock will start over from the date that the Immigration Service receives this initial evidence.
  • What is “Initial Evidence?”
  • – Any document or form that is specifically required by the form instructions, including the correct immigration filing fee. Read the form instructions carefully to be sure that you are sending the correct filing fee.
  • If the Immigration asks for additional evidence, the 90 day clock will stop when the request is send and start again when the additional evidence is received.
  • What is “Additional Evidence?”
  • – Evidence not required by the form instructions, but which may help the Immigration Service decide whether you are eligible for a green card.
  • If you request that your fingerprinting (biometrics) appointment be rescheduled, the 90 day clock will start over from the date you request a new appointment.

Tips to Avoid Delays in Getting your Work Permission

  • Submit a complete application and all the required documents when you file your application for a green card.
  • Provide additional evidence that shows you are eligible for a green card. For example, if you are applying for a marriage-based green card, include as much evidence of your relationship as possible.
  • Try to avoid asking that your fingerprinting appointment be rescheduled.

Employment for Husband or Wife of Some H-1B Workers


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Some husbands or wives of H-1B workers may file an application for permission to work in the US beginning May 26, 2015.

Who can apply?

  1. Must be in H-4 status and be married to an H-1B worker, and
  2. H-1B husband or wife must fit into one of the following groups:
    1. The H-1b worker has an approved I-140, but must wait to apply for a green card until an immigrant visa (green card) becomes available based on the Visa Bulletin (H-1B can file application for extension of status in three-year increments until he or she can apply for a green card, or
    2. H-1B  spouse can file application for extension of status in one-year increments because either a Labor Certification or an I-140 was filed for him or her before the end of the 5th year in H-1B status.

A husband or wife of an H-1B worker who meets the above requirements may file an Application for Employment Authorization on Form I-765 beginning May 26, 2015 with supporting evidence and a $380 filing fee.

What supporting Evidence is Required?

  1. Marriage certificate showing marriage to current H-1B husband or wife
    1. Evidence that shows H-1B husband or wife meets the above requirements for filing an application for extension of H-1B status beyond 6 years
  2. Entry Documents from Most Recent Entry to US
    1. I-94, either card (front and back) or printout
  3. Copy of most recent EAD
  4. If H-4 has never received an EAD, submit copy of government-issued identity document showing picture, name and date of birth, such as,
    1. Passport
    2. Birth certificate with a photo ID
  • Visa issued by foreign consulate, or
  1. -National identity document
  2. Two identical color photographs of yourself, taken within 30 days of filing your application

Warning!! No H-4 EAD applications will be accepted before May 26, 2015. Do not pay anyone to file an EAD application for you before that date.

 

 

 

 

H-4 Employment