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FAQ

My latest I94 is good until 2021 but the expiration date of the EAD card is January of 2021. How do I renew my EAD card?
Please follow the below steps.You did not mention what EAD you are awarded. Check at this site if you are eligible for automatic extension. (Automatic Employment Authorization Document (EAD) Extension)Start your renewal process at least 5 months early. Make a note of new filing fees. I have seen folks sending old fees and awaiting receipt number from USCIS. More details available at Application for Employment AuthorizationGather all required documents as mentioned in the site along with G-1145 form to receive updates on your case. Reference: Tips for Filing Forms with USCIS.Send the form to the lock box facility Direct Filing Addresses for Form I-765, Application for Employment AuthorizationIf you sent fees using personal check, wait for amount to deduct from your account. Once the fees is received, you should get both email and text if provided on G-1145 form. You shold also receive I-797C NOA in mail to the address provided in I-765 form in 3–4 weeks of acceptance.Create a USCIS profile at myUSCIS, and register your case number for periodic updates. Alternatively you can check status at myUSCIS.Once approved you will receive EAD in 2 weeks.You can seek assistance from folks on this forum if you have any specific questions about I-765 form.
Student Visas: My OPT period is about to expire. How do I get an extension?
Hey this is straight from the USCIS website:Optional Practical Training Extension for STEM Students (STEM OPT)On March 11, 2021. the Department of Homeland Security published a final rule allowing certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees, and who meet other specified requirements, to apply for a 24-month extension of their post-completion OPT. The 24-month extension will replace the 17-month STEM OPT extension previously available to STEM students (see73 FR 18944). Eligible students may now apply for a 24-month STEM OPT extension.Applying for a STEM OPT ExtensionTo apply for an extension, you must properly file:Form I-765 with the application fee on or after May 10, 2016,Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by your DSO on or after May 10, 2021. andA copy of your STEM degree.If you file your extension application on time and your OPT period expires while your extension application is pending, USCIS will extend your employment authorization for 180 days.Note: If you are currently participating in STEM OPT based on a 17-month extension or you have a pending application for a 17-month STEM OPT extension, please see the OPT Students Who Currently Have (or Have an Pending Application for) a 17-Month Extension section below for more information.If you want some assistance from an attorney then feel free to try LawTrades. Our site has a bunch of experienced immigration attorneys who have assisted international students with their visa applications.
How do you apply an EAD for someone on H4 visa?
The H4 Visa EAD application process is similar to that of applying for a regular EAD. To apply for H4 EAD, the applicant must file Form I-765, Application for Employment Authorization. The process of how to apply for H4 EAD consists of the following steps.Complete Form I-765, including the $410 filing fee.Submit supporting evidence, including evidence of:H4 status, shown by copy of most recent Form I-797 and Form I-94Government issued ID with photo, shown by copy of biometric page of passport; birth certificate with photo; visa issued by foreign consulate; or national ID with photoRelationship to H1B nonimmigrant, shown by copy of marriage certificateBasis for eligibility, shown by copy of H1B nonimmigrant's Form I-797 approval notice for Form I-140; or copy of H1B nonimmigrant's passports, prior Forms I-94, and current prior Forms I-797 for Form I-129You must wait for approval of your Form I-765 application before you may begin working in the US on H4 visa EAD. Once your From I-765 is approved, you are authorized to work through the expiration date specified on your EAD. You can file Form I-765 for a renewal EAD up to 120 days before the expiration date of your current EAD.Hope this helps, Good Luck?
What documents are needed for an H4 visa EAD?
I may not want to miss even a single document from the list hence pasting a link below which is a step by step guide for obtaining H4 EADhttp://www.immihelp.com/h4-visa-...Eligibility RequirementsYou are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; orHas been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.How to ApplyYou must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.While USCIS currently is continuing to accept the older version of Form I-765 with an edition date of 05/27/08 or later, we encourage H-4 applicants to use the newer version with an edition date of 02/13/15 in order to prevent delays or the need for USCIS to issue you a request for evidence.Carefully follow these steps to prevent your application from being rejected and returned to you:Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380. You cannot file Form I-765 for category (c)(26) together with a Form I-485, Application to Register Permanent Residence or Adjust Status at the Lockbox address for Form I-765 category (c)(26). If filing a Form I-485, you must follow the Form I-485 filing instructions and submit your Form I-485 to the correct filing address for that form. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Note: If you are filing Form I-765 together with Form I-485 at the USCIS location noted for Form I-485, you should specify your work eligibility category as (c)(9) and pay only the Form I-485 filing fee (and not the Form I-765 filing fee) to avoid processing delays.   Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. Evidence of…Can be shown by submitting…Your H-4 statusA copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; orA copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.A government-issued identification document with photoA copy of your last EAD (if any);A copy of the biometric page of your passport;A birth certificate with photo ID;A visa issued by a foreign consulate; orA national identity document with photo.Your relationship to theH-1B nonimmigrant A copy of your marriage certificate.Your basis for eligibilityEvidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140). You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;OREvidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).You may show this by submitting:1.  A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and2.  Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;               ORBased on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to prnecessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.Photos for card productionTwo identical two-by-two-inch passport-style color photographs of yourselfHope this helps
I have a K1 visa and I am already married in the USA. Now I want a green card and a work permit. Can I complete I-485 and I -765 only?
You should have received a packet that sets forth the full process for adjusting status after marriage in K-1 status, which you should follow.To the best of my understanding, you must file an I-485 petition to adjust status; you will need an Affidavit of Support on Form I-864 as well. No I-130 is required if you got married within 90 days of entering the US in K-1 status. Filing for EAD on Form I-765 is optional, but most people do it because EAD petitions are typically adjudicated much faster than I-485 petitions. All of these forms should be filed before your K-1 admission expires (90 days) or you will go out of status and will be at risk for deportation. Ideally, you would have filed the petitions on the first business day after you got married, but I would imagine that you’ve already blown through that preferred time frame.
Student Visas: What do I do at the end of my OPT for STEM Extension?
The following is the process to apply for STEM Extension.The student files Form I-765 with USCIS, Form I-20 endorsed by the DSO, a copy of the STEM degree, and the required application fee.Form I-765 is being amended to require the student to indicate the degree and prthe employer’s E-Verify information.If their post-completion OPT expires while the 17-month extension application is pending, students who timely filed their STEM extension applications with USCIS will receive an extension of employment authorization after their current employment authorization expires, but for no more than 180 days.
Can I legally work if my EAD expires before I receive my green card (which still has no updates yet)?
What you should do is apply for a new EAD card or renew your current one through form I-765. Check the correct category of renewal or application and put C-9 for eligiblity for EAD (based on pending I-485). Include 2 passport photos, I-485 receipt, front and back copies of past EADs, and passport biographic page.For all AOS applicants, when you have a pending I-485, you are always eligible to apply for EAD and advance parole whenever and without filing fee and can continuously renew both as long as your I-485 is pending. Note that you can and should file to renew 120 days prior to expiration since EADs average 3 months. You may want to try contacting the National Service Center at 1-800-375-5283 to request an expedite of your EAD once you obtain the I-765 receipt notice. Talk to an attorney if you have more questions.
Is it true that Trump is sending memos to USCIS to deny H-1B extensions beyond 6 years and send back all H-1B immigrants from India as per this article?
This administration is certainly unfriendly to immigrants, and as we’ve seen over the last year, will do as much as it can to harm immigrants, highly-skilled, undocumented, and everything in between.Please take comfort in the fact that we do have a system that includes a balancing of powers among the Executive Branch, the Legislative Branch, and the Judicial Branch.The ability to extend the H-1B beyond 6 years stems from the American Competitiveness in the Twenty-first Century Act of 2021 (AC21), passed by Congress (our legislative branch). The executive branch, which includes the President, does not have the power to create laws, that falls to the legislative branch. The president carries out federal laws and recommends new ones. Congress’s main task is to make the laws. A major change to the AC21 would require an act of Congress.You may ask, but what about all those programs he’s scrapped? Deferred Action for Childhood Arrivals (DACA)? Employment Authorization for H-4 spouses? Those programs did not stem from Congress, they stemmed from Obama-era Executive Orders. Unfortunately, #45 does have authority there.An executive order is a directive from the President that has much of the same power as a federal law. However, where these orders appear unconstitutional, the Judiciary branch can step in, as it has in the case of the Travel Bans: https://www.washingtonpost.com/w...In my opinion, the economic power and influence of FANG, or FAANG, or FAAMG (if you like) would render this kind of change political suicide.EDIT on January 9, 2018January 9, 2021. In a news update on January 8, 2021. the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a regulatory change to the H-1B extension rules, as had previously been reported in a December 30, 2021 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American” executive order, including conducting a “thorough review” of employment-based visa programs.