The opt转h4申请 process refers to a crucial path for individuals seeking employment authorization while on an H4 visa, which is issued to the spouses of H1B visa holders in the U.S. If you’re on an H4 visa and want to work in the U.S., applying for an H4 EAD (Employment Authorization Document) is the right step. This document grants you the ability to work in any industry or occupation, including freelancing or running your own business.
What is the H4 EAD?
The H4 EAD is an employment authorization card available to certain H4 visa holders whose spouses are on H1B status. The eligibility for an H4 EAD is typically based on the status of the H1B spouse, such as having an approved I-140 petition or qualifying for an extension under the AC21 act. This card allows H4 holders to work freely without restrictions, which was a significant development after changes to U.S. immigration rules.
Eligibility for the H4 EAD
Not all H4 visa holders are eligible for the EAD. To apply, the applicant must meet certain conditions:
- Proof of Relationship: A valid marriage certificate to confirm the relationship between the H4 holder and the H1B visa holder.
- Spouse’s H1B Status: The applicant must provide evidence of their spouse’s H1B status, such as copies of their spouse’s I-94, I-797, and H-1B visa.
- I-140 Approval: For the EAD to be granted, the H1B spouse must have an approved I-140, or the H1B visa holder must be eligible for a one-year extension.
How to Apply for H4 EAD?
To apply for the H4 EAD, you need to submit the Form I-765, which is the Application for Employment Authorization. You can file this form either concurrently with an H1B or H4 extension, or separately. When filed separately, the processing of the H4 EAD will begin once the H4 visa status has been approved.
The application requires several supporting documents, including:
- Proof of H4 status (I-94, H-4 visa, I-797).
- Proof of the spouse’s H1B status (I-94, I-797, and H1B visa).
- A copy of the marriage certificate to prove the relationship.
- Evidence of the spouse’s approved I-140 or proof of H1B extension.
Key Steps in the Application Process
- Prepare the Required Documents: Along with the I-765 form, make sure to include all supporting documentation. This might involve the I-94, I-797, I-140 approval notice, and other documents.
- Submit the Application: Once your documents are ready, send the application package to USCIS. If you’re filing concurrently with an H4 extension, make sure all forms are submitted together.
- Wait for Approval: After submission, the USCIS will process your application, which can take several months. The EAD will be granted if your application is approved.
Travel Considerations During Application
It’s essential to note that traveling while your H4 EAD application is pending can complicate the process, particularly if you are filing for a change of status. If you travel abroad before receiving approval, it could lead to the abandonment of your application.
Validity of H4 EAD
Once approved, the H4 EAD is valid for the same duration as the H4 status. If the H1B spouse’s visa or I-140 petition is revoked, it may affect the EAD, although it does not automatically revoke it.
Conclusion
The Opt to H4 application allows spouses of H1B holders to work freely in the U.S., provided they meet the eligibility criteria. By carefully following the application process and submitting the necessary documents, you can successfully apply for an H4 EAD and begin working without restrictions.
