Results found for ""
- B1/B2 Visitor Visa Extension, Reasons, Sample Letter & Processing Time
Note: To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . B1/B2 Visitor Visa Extension & Reasons: The B1/B2 visitor visa typically allows you to stay in the US for up to six months, or sometimes less . However, there may be situations when you want to extend your B1/B2 visitor visa to stay beyond 6 or even 12 months in the US. But before we proceed let's confirm two things: B1/B2 Visa Renewal: Note that B1/B2 visa renewal is different from extending your permitted stay in the US. If you are looking for a B1/B2 visa extension (after 10 years of validity), or want to renew your expired B1/B2 visa, the process is the same as applying for a new B1/B2 visa . Indian Passport Renewal: Also, If your passport is expiring soon, then you can follow this blog to renew your passport in India . Although it is written specifically for parents' passport renewal, the steps will be the same for you. Alternatively, if you are in the US and want to renew your passport, you can apply for passport renewal in the US . In this post , I will explain the process of extending your stay on a B1/B2 visitor visa in the US, including the number of times you can extend it, common reasons for extension with sample letters, the possibility of extending a visitor visa beyond 6 months, the average processing time for B1/B2 extensions, and key considerations for a successful extension. Table of Contents: B2 Visitor Visa Extension & Reasons B2 Visa Extension Visitor Visa Extension Reasons B2 Visa Extension Sample Letter (Medical) B2 Visa Extension Sample Letter (Tourism) B2 Visa Extension Beyond 12 Months B1/B2 Visa Extension Processing Time How to Extend a B1/B2 Visa in the USA Key Considerations for a Successful Extension Conclusion B2 Visa Extension The first question that might arise in your mind is how many times a B2 visa can be extended after 6 months of authorized stay in the US, or if it's even possible to do so. The answer is there is no specific limit on how many times you can extend your stay on a B1/B2 visa. As of June 2024, Form I-539, which is used to apply for a change or extension of stay, has a rejection rate of 11.03% . This includes all types of visas, not just B1/B2, for either change or extension of stay. Out of a total of 122,401 completed applications, 13,506 were denied. However, it is essential to note that each extension request is evaluated individually, and you must provide a valid reason for needing an extension. Irrespective of the fact of how many times you request an extension, personally, I have not seen any B1/B2 visa going beyond the stay of 12 months. That being said it's not impossible to extend beyond 12 months but you would need a solid reason for that. Related: How to apply for a B1/B2 visa for parents? Visitor Visa Extension Reasons Typical reasons for extending your stay on a B1/B2 visitor visa include medical treatment, attending family events or functions, continuing tourism, coping with natural disasters like COVID-19, etc. Medical treatment: If you require ongoing medical treatment that cannot be completed within the initially approved stay then you can request for a B2 visa extension of stay. You would need a letter from the doctor as a supporting document for form I-539 to make your case stronger. Family events: If there are important family events or celebrations, such as weddings or graduations, that require your presence, you can also request a B2 visa extension for your stay. Sharing the date and venue of the event will strengthen your case, and having an invitation card as proof is even better. Tourism: If you were unable to explore all the intended attractions due to unforeseen circumstances, you can request an extension. In the case of requesting an extension for your parents' B2 visa, you can mention their limited physical mobility, which resulted in a longer stay than initially anticipated. Supporting documents, such as your travel itinerary, bookings, and return air tickets, would help your extension request. Unexpected events: If you experience unexpected delays or disruptions in your travel plans, such as a natural disaster or flight cancellations, you can request a B2 visa extension of stay. This applied to situations like COVID. B2 Visa Extension Sample Letter (Medical) [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [USCIS Service Center Address] [City, State, ZIP] Subject: Request for B2 Visa Extension for Medical Treatment Dear Sir/Madam, I am writing to request an extension of my stay on a B1/B2 visitor visa to receive ongoing medical treatment in the United States. I am currently in the United States on a valid B1/B2 visa, my stay is valid until [add date]. I have been undergoing medical treatment for a serious health condition at [name of medical facility] under the care of [name of attending physician]. The treatment plan, as recommended by my healthcare provider, requires an extended duration beyond my original authorized stay. I kindly request your favorable consideration of my application for a B2 visa extension. I am attaching the following supporting documents: Detailed medical reports and documentation outlining the nature of my medical condition and the necessity for continued treatment. A letter from my attending physician, [physician's name], explaining the need for ongoing medical care and the anticipated duration of treatment. Financial records to demonstrate my ability to cover the cost of the extended stay, including medical expenses, accommodation, and other necessary expenses. Copy of my valid passport, Form I-94 (Arrival/Departure Record), and current B2 visa. [Any additional supporting documents]. I assure you that I will strictly adhere to the laws and regulations governing my stay in the United States. I understand that the purpose of my visit is solely for medical treatment, and I will not engage in any unauthorized activities during my extended stay. I kindly request your prompt attention to this matter as my medical treatment is time-sensitive. If there are any further documents or information required, please contact me at [your contact number] or [your email address]. Thank you for considering my request. Your understanding and assistance in this matter would be greatly appreciated. Sincerely, [Your Name] Related: B1/B2 interview questions B2 Visa Extension Sample Letter (Tourism) [Your Name] [Your Address] [City, State, ZIP Code] [Date] To, [USCIS Address] [City, State, ZIP Code] Dear Sir/Madam, Subject: B2 Visa Extension Request for Tourism I am writing to request an extension of my parent's B2 visitor visas, their stay is set to expire on [Insert Date], due to unforeseen circumstances. During their stay, my parents experienced limited physical mobility because of their age and existing health conditions. This has resulted in a slower pace of travel, making it challenging to cover all the attractions they initially intended to visit within the original visa validity period. I kindly request an extension of their B2 visas for an additional [Number of Months] months, allowing them more time to complete their travel plans and spend quality time with family and friends. Supporting documents, including copies of their B2 visas, a detailed travel itinerary, and proof of financial ability, are enclosed for your reference. We appreciate your consideration of this request and hope for a positive response. If you require further information, please contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Signature] B2 Visa Extension Beyond 12 Months Extending a B2 visa beyond 12 months can be challenging. The United States Citizenship and Immigration Services (USCIS) generally expects visitors to adhere to the initially approved duration of stay, which is typically up to six months. Extending beyond a year requires exceptionally compelling circumstances and strong supporting documentation. If you have a serious health condition and can provide sufficient evidence, you may consider applying for a visitor visa extension. Related: Green Card Priority Date for India B1/B2 Visitor Visa Extension Processing Time The above table shows the current I-539 processing time for a B1/B2 visitor visa extension . To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . You don't need to worry about extension processing time as long as you have filed the extension before your permitted stay expires. If your extension application is denied, you will have sufficient time to leave the country. It is crucial to plan and submit your extension request at least 45 days before your authorized stay expiration date to allow sufficient processing time. How to Extend a B1/B2 Visitor Visa in the USA To extend your B1/B2 visitor visa in the USA, you will need to file Form I-539 (Application to Extend/Change Nonimmigrant Status). Here is a step-by-step guide to extend your B1/B2 visitor visa: Complete Form I-539: Provide accurate information about yourself, your current status, and the reasons for the visa extension. You can do this online or through mail. I have explained in this blog how to complete Form I-539 . Pay the required fee: Include the fee of $470 with your I-539 B1/B2 visa extension application. Refer to the USCIS website for the most up-to-date fee information. Supporting documents: Gather the necessary supporting documents, such as your passport/visa, cover letter stating the reason for the extension, Form I-94, financial records, flight itinerary, and purpose of extension supporting documentation. Submit your application: Mail the completed Form I-539, supporting documents, and fee to the appropriate USCIS Service Center. You can find the addresses here . Successful Visitor Visa Extension To increase the likelihood of a successful B1/B2 visa extension, consider the following: Valid reasons: Clearly articulate your valid reasons for needing an extension, providing detailed information about your circumstances and how the extension aligns with the purpose of your visit. Supporting documentation: Include all required supporting documents, such as medical bills or records, wedding invitations, business contracts, financial proofs, any bookings, or event tickets, to support your extension request. Timely submission: Submit your extension application well in advance (minimum 45 days) of your authorized stay expiration date to allow sufficient processing time. Conclusion Extending your B1/B2 visa beyond the initially approved duration is possible under specific circumstances, provided you have a reason and can provide supporting documentation. Remember to submit your application well in advance, as B1/B2 extension processing times can be lengthy. By following this blog post, you can navigate the B1/B2 visa extension process more confidently and increase your chances of securing an extended stay in the United States for tourism, business, medical treatment, family events, or other valid reasons. FAQs on B1/B2 Visitor Visa Extension Can I use pregnancy as a reason for a B1/B2 visa extension of stay? Yes, you can use pregnancy as a reason, but remember that there is a high chance of denial due to concerns about birth tourism . If you are over six months pregnant and your doctor advises against travel, you can use that document to support your case, as this request appears genuine. However, if you traveled to give birth in the US, your case might be considered birth tourism, which has a high chance of denial. Can I extend my parent's visa based on pregnancy to support my child? You can use a life event as a reason to request a B1/B2 visa extension. However, it's not recommended to mention that your parents will be babysitting your child, as that is not the purpose of a tourist visa. Instead, request an extension on the basis that your parents' presence is needed for the baby's birth as a significant life event and for some additional tourism. Clearly state that they will travel back afterward. Should I extend my parent's health insurance along with the B1/B2 visa extension request? Yes, it is recommended to extend your parents' health insurance, as this can also serve as financial proof for your extension request in case something goes wrong and your parents need medical coverage. Medical costs in the US are very high, and extending their insurance will help your case as well. You can buy health insurance here. Next: Form I-539 Related Posts ✔ Urgent humanitarian reason expedite request ✔ How to apply for a minor's passport ✔ Indian passport renewal in the US Related Topics
- L2S Visa Work Authorization for L Spouses - No EAD Needed If L2S on I-94
L2S Visa and Work Authorization: USCIS has updated the work authorization policy for L spouses (those with L2S on their I-94 form). L2S visa holders can now use their nonimmigrant status as evidence of employment authorization, eliminating the need for a separate EAD card. The L2S class admission code on their I-94 document serves as proof of employment authorization. Reference USCIS guidance for L and E spou ses : An unexpired Form I-94 reflecting one of these new codes: E-1S, E-2S, E-3S, and L-2S is acceptable as evidence of employment authorization for spouses under List C of Form I-9. Table of Contents: L2S Visa and Work Authorization What is an L2S visa? Class of admission L2S Can L2 work without EAD? L2S Visa I-94 L1 Visa L1 Visa Types L2 Visa How to Apply for an L2 Visa? L2 Visa Processing Time L2 Visa to Green Card FAQs L2S Visa Meaning: L2S is the COA (Class of Admission) category code mentioned on the I-94 document for L spouses. It's important to note that the L2 visa stamp - the class remains the same as "L2". It is only on the I-94 form that you will notice the new class of admission code L2S. Related: B1/B2 visa for parents Class of Admission L2S In Jan 2022, USCIS and CBP started issuing I-94 forms with the new class of action codes for E & L spouses. A few of these codes are E-1S, E-2S, E-3S, and L-2S. So if you are a spouse of an L-1 visa holder , you will notice the Class of Admission type as L2S on the I-94 form. Can L2 work without EAD? Yes, L2 visa holders with an L2S class of admission on their I-94 are automatically authorized to work without needing an Employment Authorization Document (EAD). In short, L2S visas don't require EAD, unlike other visas where you need EAD to work in the US such as H4 visas , J2 visas , etc. Applying for an EAD is a time-consuming process (typically takes 3 to 6 months) that can only be done when you are physically present in the US. However, on L2S status, you are free from all these hassles. Related: How to expedite an EAD application? L2S Visa I-94 This is a sample I-94 form with the latest travel of 2023 where you will see Class of Admission as L2S. If you are a spouse of an L-1 visa holder, you will notice the same on your I-94 form if you have traveled after Jan 2022. On older I-94 forms you will still notice the L2 class of admission code. Before delving into further details, it's essential to have a basic understanding of the L1 visa, as the L2S or L-2 visa is entirely dependent on the primary L1 visa holder. If the primary L1 visa holder loses their job or falls out of status, the L2 visa holder automatically becomes out of status as well. Related: How to file change of status to B1/B2 visa? What is an L1 Visa? Meaning: The L1 visa is a non-immigrant visa category enabling multinational companies to transfer certain employees from foreign offices to the United States. The purpose of the L1 visa is to allow employees to transfer skills, expertise, and knowledge from their foreign employer to the U.S. branch or affiliate. To qualify for an L1 visa, an employee must have worked for the foreign company for at least one continuous year within the past three years. Depending on the type of L1 visa they qualify for, employees can work in the U.S. for up to five or seven years. Types of L1 Visa There are two types of L1 visas: L1A Visa: This is for intracompany transferees who work in a managerial or executive capacity. It allows qualified employees to work in the U.S. for up to 7 years. L1B Visa: This is for intracompany transferees with specialized knowledge. It is meant for employees with specialized skills or knowledge related to the company's products, services, research, systems, or procedures. The L1B visa allows for a stay of up to 5 years. What is an L2 Visa? Meaning: The L1 visa holders can bring their dependents (spouses and unmarried children under 21) to the US, and these dependents are granted an L2 visa. L2 dependents, classified under the L2S admission category, are associated with their respective L1 spouses, as explained earlier. How to Apply for an L2 Visa? To apply for an L2 visa, although the company sponsoring the primary L1 visa holder generally helps in the application process, you will be following these steps: Complete Form DS-160: Complete the online nonimmigrant visa application form (DS-160) on the Consular Electronic Application Center (CEAC) website . Pay the Visa Fee: Pay the non-refundable L2 visa application fee of $205. This might change in the future so it's better to check the DOS website . Schedule a Visa Interview: Schedule a visa interview appointment at the nearest U.S. Embassy . L2 Visa Interview Documents: Prepare the necessary documentation for the L2 visa interview, including: Appointment confirmation page DS-160 confirmation page with barcode Valid and original passport Visa application fee payment receipt Passport-sized photograph Supporting documents from the L1 visa holder like Copy of passport and visa pages L1 petition approval notice, Form I-129 Employment letter Last 3 months of pay slips (for financial proof) Marriage certificate and photo album of wedding Birth certificate Attend Visa Interview: Attend the scheduled visa interview at the U.S. Embassy or Consulate. Be prepared to answer questions about your relationship to the L1 visa holder, your intent to travel to the United States, and your ties to India. Biometric Appointment (if required): Provide biometric information, such as fingerprints and photographs, at the Visa Application Center (VAC) if biometric enrollment is required. Await Visa Decision: After the interview, await the decision on your visa application. If approved, your passport will be returned to you with the L2 visa stamp. Prepare for Travel: Once you receive your passport with the L2 visa, make necessary travel arrangements to the United States. L2 Visa Processing Time If an L2 visa is applied separately from India, the processing time can vary between 4 to 6 weeks. Typically, L2 visas are applied for concurrently with L1 visas. However, additional time may be required if the U.S. consulate requests further documents and processing times may vary on a case-by-case basis. Change of Status to L2 Processing Time If you are applying for a change of status to an L2 visa within the US, the following table shows the current I-539 processing times at various USCIS service centers. To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . L2 Visa to Green Card L1 visa holders can apply for a Green Card through the employment-based category. L2 visa holders i.e. dependents of L1 automatically get the green card along with the L1 primary applicant. You can find detailed information about employment-based green cards and their current priority dates here . You will need this now or in the future (when you file for a green card), so it's good to save this link. For a green card, after filing the I-140, which is the first step in the green card process, you may need to wait for the priority date to become current before filing the second and final step, the adjustment of status (I-485). If your priority date becomes current within the maximum allowed stay on an L1 visa, which is either five or seven years depending on the type (L1A or L1B), you can file for I-485 and you may not need to return to your home country. But if the priority date has a long wait time, especially for countries like India, you must go back to your home country and wait for it to become current. Your approved L1 I-140 will stay valid during this waiting period. It's important to note that L1 visa holders cannot extend their stay beyond five or seven years based on the I-140 petition, unlike H1B visa holders who can extend their stay even after six years with an approved I-140 (from the first step of green card application). It's good to ask your employer to apply for the H1B lottery each year to potentially transfer to H1B. With an H1B, your previously approved L1 I-140 can be transferred, allowing you to extend your stay and work in the U.S. similar to other H1B visa holders. Related: L1 vs H1B: Which is better for Green Card? FAQs on L2S visa Can an L2 visa holder work in the USA? Yes, an L2 visa holder can work in the USA and can use their latest class of admission L2S from I-94 as proof of employment authorization. How to apply for EAD for L2? There is no requirement to apply for L2 EAD if you have the "L2S" category on the I-94 form. If not, you can file form I-765 with USCIS (old process). It's convenient to get I-94 updated, instead of applying for EAD which is a more time-consuming process. Does an L2 visa require sponsorship? No, L2 visa holders do not require any sponsorship to work. You can work anywhere as a full-time employee without the need for sponsorship. Can L2S visa holder get SSN? Yes, L2S visa holders are eligible for an SSN; however, it's important to note that this eligibility applies only to spouses (S) and not to their dependent children. Next: B2 Visa for Parents Related Posts ✔ Go to Main Menu ✔ USCIS premium processing ✔ How to extend a B2 visa beyond 6 months for parents? Related Topics
- How to Expedite H4 EAD Application without Premium Processing Request?
There isn't a premium processing option for the H4 EAD I-765 application. However, you can file an Expedite Request (which is different from premium processing). Consider a scenario where one loses their job and, due to a lapse in the grace period , switches to an H4 visa, expecting to obtain the H4 EAD quickly to resume employment. In situations where you need to keep your job or get a new one, it becomes important to speed up your H4 EAD application. Table of Contents: H4 EAD Expedite Request H4 EAD Processing Time H4 EAD + COS Processing Time USCIS Inquiry Date H4 EAD Expedite Request How to contact USCIS to make an Expedite Request? Contacting a Congressman H4 EAD with H1B Premium Processing H1B to B1/B2 back to H1B FAQs In these situations, you can speed up your EAD application in a few ways. One of the simplest options is to submit an expedited request with USCIS. If your request is accepted, you can expect much faster processing for your H4 EAD application. There is no application fee for expedited requests. In this blog, I will explain the various ways to speed up your H4 EAD application. While you may not fit into all the scenarios mentioned below, you can decide based on your situation. First thing, check the current H4 EAD processing time for the center where your application was submitted. Refer to the initial three letters of your receipt number for service center details. WAC – Western Adjudication Center (California Service Center) SRC – Southern Regional Center (Texas Service Center) LIN – Lincoln Service Center (Nebraska Service Center) EAC – Eastern Adjudication Center (Vermont Service Center) H4 EAD Processing Time The following table shows the I-765 processing time for standalone applications. The first table displays the dates that are currently being processed, while the second table shows the processing time (in months) across all USCIS service centers. To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . H4 EAD + COS Processing Time The following table shows the I-765 processing time based on being an H-4 spouse of an H-1B nonimmigrant ( filed with I-539 H4 ) [(c)(26)]. The first table displays the dates that are currently being processed, while the second table shows the processing time (in months) across all USCIS service centers. To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . USCIS Inquiry Date Now, If you see significant delays in processing your H4 EAD application as compared to the processing times mentioned above, one option is to " Get Inquiry Date ". If your application is indeed delayed, USCIS will automatically provide you the option to submit a service request online. To request an inquiry, visit the USCIS website select the form type, center, and submit, then scroll to the bottom of the page and enter your receipt date to obtain the inquiry date. If your application is significantly delayed, this process will automatically offer you the option to submit an inquiry. H4 EAD Expedite Request While USCIS generally doesn't provide expedited processing for H4 EAD applications, under certain circumstances like severe financial loss, emergencies, or humanitarian reasons, you can request expedited processing. Generally, this involves reaching out to USCIS directly, either by phone or through their virtual assistant Emma. Examples of such circumstances include financial loss, new job opportunities, emergencies, and humanitarian reasons . When submitting an expedited request for an H4 EAD, having the right documents can significantly impact your case. Documents such as medical bills, house loan papers, auto loan documents, bank statements, and credit card bills can effectively demonstrate the financial challenges you're facing and why you must be able to work. Alternatively, you can highlight the financial challenges you will encounter if you lose your job due to an expired EAD. For instance, medical bills prove unexpected expenses, while house and auto loans demonstrate financial commitments. Credit card bills show ongoing expenses that need to be met. Providing these documents strengthens your case and increases the chances of getting approval for the H4 EAD expedited request. You can find a few sample expedited request letter samples for H4 EAD applications in the link provided. How to Contact USCIS to make an Expedite Request? To make an Expedite request, you have the following options: Phone Call: You can call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). Emma (USCIS Virtual Assistant): You can use Emma, the USCIS virtual assistant, available on the USCIS website. You can also dive into more detailed information on this, starting with examples and step-by-step instructions on how to initiate the expedited request by visiting the following blog. Contacting a Congressman Another option is to reach out to a senator or congressman. While contacting them doesn't guarantee EAD approval, they can certainly assist in expediting your EAD application. To request their assistance, you can visit their official website and search for sections related to visa and immigration help or federal agency assistance. To support your expedited request, you'll need to provide evidence of financial loss or an emergency. This documentation will serve as the basis for your request and strengthen your case for expedited processing. You can read about contacting Congressmen for expedited requests here. H4 EAD with H1B Premium Processing This scenario is very unique though, suppose you lose your job while on an H1B visa, and your 60-day grace period ends. One option could be switching to an H4 visa if your spouse holds an H1B visa (with an approved I-140) and you intend to obtain an EAD for employment. However, it's important to note that this transition can be a very time-consuming process. In this case, you can expedite your application by applying for an H1B to H4 change of status and H4 EAD concurrently with the primary H1B premium processing . This option is applicable only when you are filing for an H4 Change of Status (COS) and H4 EAD, along with the primary H1B petition (Form I-129). Imagine a situation where the primary H1B holder needs to extend or renew their petition, while the dependent needs to transition to an H4 visa through a change of status and simultaneously apply for an H4 EAD. You can read about H1B, H4, and H4 EAD concurrent filing in detail here. Applying from Outside the US If the primary H1B holder doesn't need to extend or renew their visa anytime soon, it may be more efficient to travel back to their home country and apply for an H4 visa using the DS-160 form. This process tends to be much faster. Once you obtain the H4 visa, return to the US and apply for the H4 EAD . You can begin looking for a job at this point. After applying for the H4 EAD, you can request expedited processing once you receive the receipt number. H1B to B1/B2 back to H1B In this situation, assuming you have an approved I-140 and are waiting for your priority date to become current, and you don't have the flexibility to switch to an H4 visa, individuals often move to a B1/B2 visa if they can't find a job within the 60-day grace period while staying in the US. The following table shows the I-539 processing time for applicants who have applied for a change of status to a B1/B2 visa . The first table displays the dates that are currently being processed, while the second table shows the processing time (in months) across all USCIS service centers. In this case, the expectation is that once you find a job, you will switch back to an H1B. You can find the current processing time for the change of status to an H4 visa here. However, the processing time for a change of status to a B1/B2 status is so long, that you might find yourself in a tough situation, wondering whether you should leave the country or wait for the B1/B2 change of status result first. Some employers make it mandatory to undergo consular processing, which can sometimes result in 221(g) administrative processing, a process with no definitive timeline for the final result. Due to this uncertainty, employers sometimes avoid hiring candidates facing such circumstances and opt for those with work authorization. Additionally, some employers take advantage of this situation by requiring candidates to pay premium processing fees for H1B applications and lawyer fees, typically offering lower compensation. The good news is that you can file a new H1B petition (change of status) while your B1/B2 application is pending, and it can be processed in premium processing. USCIS states that both the change of status to B1/B2 and the change of status back to H1B will be processed together. You can read about this process in detail in the following blog. Related: Change of Status to B1/B2 visa FAQ: H4 EAD Expedite Request Can job loss be considered as financial loss for an H4 EAD expedited request? Yes, job loss can be portrayed as a significant financial setback. By providing documents such as mortgage bills, auto loans, home insurance, and credit card statements, you can demonstrate the immediate financial loss from unemployment. These documents underscore the pressing need for the EAD to avoid substantial financial losses. Additionally, highlighting potential repercussions like the possibility of selling assets such as the house or car, as well as the potential disruption to children's education mid-session, further emphasizes the urgency of expediting the EAD process. Next: Calculate your processing time Related Posts ✔ USCIS Premium processing ✔ Options after H1B layoffs ✔ How to apply for B1/B2 visa for parents ✔ Current green card priority dates for India Related Topics
- H1B to J2 Change of Status - Processing Time and Documents Required
A change of status from an H1B to a J2 visa is a rare occurrence. Typically, it is the opposite, individuals on J visas often seek to obtain an H1B visa. Nevertheless, there are scenarios where you might find it necessary to change your visa status from H1B to J2 dependent. One of the common reasons could be the loss of a job on an H1B visa, leading you to consider switching to your spouse's J1 dependent visa. This allows you to remain in the United States without the need to depart. After filing for a change of status, you can obtain a J2 Employment Authorization Document (EAD) and resume working. It's crucial to maintain a valid job status on H1B; otherwise, you may fall out of status. However, there is a grace period of 60 days before you officially lose your status. If you happen to lose your job on H1B for any reason, you must find another job and return to the payroll within those 60 days. You can read about this in detail here: H1B grace period . Table of Contents: H1B to J2 Change of Status J Visa 2-Year Rule J2 Change of Status Option 01 Option 02 H1B to J2 Change of Status Process Documents Required H1B to J2 Processing Time FAQs I was on an H1B visa and I want to share my experience with H1B to J2 visa change of status. No one wants to lose their H1B status, but sometimes you have no other option. I had completed roughly 4.5 years on H1B and for some reason, I had to quit my job. Luckily, my wife was working on a J1 visa, and I had the option to change my status to J2 dependent. In this blog, I will share what steps I took, and you might find this useful. Note that I am not a lawyer and I just requested the Dataneb team to publish my story so that others can find it useful. Please consult a lawyer if you have any doubts. J Visa 2-Year Rule Before you decide to file an H1B to J2 change of status, it's really important to understand the J visa 2-year rule. You can read about in more detail regarding the J visa 2-year rule here . You might be aware that J visas are valid for up to 5 years. However, J visas are subject to a 2-year home residency rule . After completing 5 years on a J visa, J visa holders have two options. The first option is to return to your home country and serve for 2 years. The second option is to request a J1 waiver and continue residing in the United States by switching to another visa, such as an academic H1B, or by applying for a green card. Ultimately, you would need a waiver to switch to another visa. As I changed my status from H1B to a J2 visa, I became subject to the 2-year home residency rule. So, if you are planning to change your status to J2 dependent, keep in mind that you will be subject to the J visa 2-year home residency rule. It's not the end of the world, though; you can always apply for a J1 waiver. However, it's a lengthy and time-consuming process, and sometimes, it gets denied as well. Related: How to apply for a J visa waiver? The good part is that J2 visa holders automatically receive a waiver when the primary J1 visa holder obtains one, so there's no need to apply for it separately. Additionally, J1 visa holders must get a waiver anyway if they are subject to the 2-year rule. J2 Change of Status There are two options for filing a J2 change of status, depending on where you are filing it. One way is to return to your home country and file through the DS-160 form. The second option is to file for a change of status while living in the US using form I-539. OPTION 01 The first option is to travel back to your home country, apply for a J2 dependent visa, attend a visa interview, obtain the visa stamp, and then return to the US. This process is similar to how you apply for a B1/B2 tourist visa . This process could take a few months, depending on how soon you can secure a visa interview date. You can check the appointment wait time for students/exchange visitors (F, M, J) visas using the link provided. Related: How to apply for a B1/B2 visa for parents? After returning to the US, you can apply for J2 EAD, this may take between 3 to 15 months depending on the service center handling your J2 EAD application. The following table shows the current J2 EAD processing time at various USCIS service centers. To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . One important thing to note is that you can only apply for J2 EAD after returning to the US; this cannot be done from India or your home country along with the J2 visa application. OPTION 02 The second option is to apply for a J2 change of status (using form I-539) while living in the US. Once your change of status is approved, you can then apply for J2 EAD. You can do this yourself, it's not much paperwork. You also have a premium processing for I-539 filing. You can read about how to file for premium processing using the link provided. In my case, I chose this option as I needed to support my family in the US. The entire process took me 10 months, 7 months to have the change of status approved, and an additional 3 months to obtain J2 EAD. J2 Change of Status (COS) processing time may vary based on the service center that is handling your I-539 form. The following table shows the current processing times for J2 change of status at various service centers. To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . J2 EAD is granted for a year and can be extended annually, making the renewal process straightforward. The positive aspect is that, unlike H1B, you don't need any sponsorship for J2 EAD. You have the flexibility to work anywhere without any restrictions. Related: How to apply for J2 EAD H1B to J2 Change of Status Process On a high level, you will end up following these steps. I completed all the steps without involving a lawyer, and it's a straightforward but time-consuming process. If you plan to stay in the US, Obtain a DS-2019 Form: The university or sponsor of the J1 visa holder will provide you with a DS-2019 form, which you need to file the J2 change of status. Fill Form I-539: If you are planning to file a J2 change of status while living in the US (Option 02 discussed earlier) then you would need to fill out the I-539 form (Application to Extend/Change Nonimmigrant Status), pay the fees, and submit the form. This form is available on the USCIS website . Include Supporting Documents: You will need to provide supporting documents along with the I-539 form. I have mentioned the list of documents required for filing a J2 change of status in the next section. Receive Approval: Once all the documents are ready, you need to post them to USCIS. You can find the mailing address on the USCIS website here . Once approved you will find updated I-94 details on the USCIS I-797 approval notice. File for J2 EAD: You can find all the steps to file J2 EAD in this blog . If you are planning to visit your home country (Option 01 discussed earlier), then you would need to obtain DS2019 and fill DS-160 form like how you get a B1/B2 visa , it's a similar process. The university will issue you the J2 dependent DS2019 form Go back to your home country and fill DS-160 form Make payment and book the interview dates Get passport stamped Come back to the US and apply for J2 EAD Documents Required for Filing H1B to J2 Change of Status If you are planning to file it while staying in the US, then you would need the following documents. I included all of these documents and a few of them might not be even required by USCIS. But I wanted to make sure there is no document missing and thus I included all of the following. Cover letter Completed I-539 Form Copy of DS2019 (J1 & J2 both) J1's latest pay stubs (3 months) Latest I-94 form (J1 & J2 both) Copy of H1B Approval Notices Copy of all pages Passport and Visa (J1 & J2 both) Marriage Certificate (for evidence of the relationship) Marriage pics H1B to J2 Processing Time The J2 change of status process may take anywhere from 3 to 15 months, depending on which service center is processing your I-539 request and its current processing time. Alternatively, if you are planning to visit your home country, the J2 change of status process may be faster, depending on the availability of biometrics and interview appointments. If you find suitable dates, traveling back to your home country becomes a better option. Additionally, if you are applying for J2 EAD, that might take another 2.5 to 7 months. Again, the processing time depends on the I-765 processing time at various service centers. I hope you find this blog helpful. Please feel free to comment if you have any questions, and I would be happy to help. FAQs: H1B to J2 Change of Status Does the H1B 6-year period still apply to me after the J2 change of status? No, once you change your status to a J2 visa, the 6-year H1B max period does not apply to you. But the J visa 2-year home residency rule does apply. Can I work on a J2 visa? Yes, you can work on a J2 visa after receiving J2 EAD. You don't need any sponsorship like H1B. You can work part-time, full-time, or any number of hours similar to other EADs. How to apply for a J2 waiver? J2 dependents don't need to apply for a waiver separately. The J1 waiver will cover their dependents as well. See how to apply for a J visa waiver, read more . Can I travel outside the US on a J2 visa? Yes, you can travel outside the United States on a J2 visa as long as you have a valid visa, otherwise, you will need stamping. Can a J2 visa be converted to J1? If the J1 principal is subject to the 2-year home residency requirement, then the J2 can't change status to J1 unless a waiver is issued. It's better to apply for J2 EAD and work. Can a J2 visa be converted to H1B? You would need a waiver before converting to H1B if the J1 principal is subject to the 2-year home residency requirement. Next: How to apply for J2 EAD Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires? Related Topics
- Current H4 EAD Processing Time for H1B Dependents, Form I-765
This page displays the current processing time for H4 EAD applications across all USCIS service centers. This includes standalone I-765 applications and H4 EAD applications filed with a status change (I-539). To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . Table of Contents: H4 EAD Processing Time H4 EAD Processing Time (Standalone Application) H4 EAD Processing Time (with Change of Status) To begin, identify the service center handling your request by referring to the initial three letters of your H4 EAD receipt number. Then, use the following tables to find the processing time for your I-765 application. WAC/CSC: California Service Center LIN/NSC: Nebraska Service Center SRC/TSC: Texas Service Center EAC/VSC: Vermont Service Center YSC/PSC: Potomac Service Center MSC/NBC: National Benefits Center H4 EAD Processing Time (Standalone Application) The following table shows the H4 EAD processing time for standalone I-765 applications . You can read about the complete H4 EAD application process here . H4 EAD Processing Time (with Change of Status) The following table shows the H4 EAD processing time for the applications filed with the H4 change of status (I-539) . You can read about the concurrent filing of H4 visa and H4 EAD here . If you believe your case is taking longer than the processing times mentioned above, you can request a USCIS case inquiry. Additionally, if you have a valid reason, you can request expedited processing for your H4 EAD application. You can find inquiry date details for your case using the Processing Time Calculator . If you have a unique H4 EAD filing experience, please feel free to share your thoughts in the comments section below. Your insights could be helpful to others. Next: How to expedite H4 EAD? Related Posts ✔ H4 EAD automatic extension ✔ H1B to B2 change of status ✔ H1B, H4 and H4 EAD concurrent filing in premium Related Topics
- How to Apply for H4 EAD First Time: Guide to the H4 EAD Application
To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . Hello! If you're considering applying for an H4 EAD for the first time, I'm here to guide you through the H4 EAD application process. I'll cover H4 EAD eligibility, the H4 EAD document checklist, how to fill out the I-765 form, H4 EAD processing time, and highlight some common mistakes. Table of Contents: H4 EAD Process Summary H4 EAD Application Process for First-Time Applicants H4 EAD Eligibility Criteria USCIS Guidelines H4 EAD with Approved I-140 H4 EAD with Pending PERM or I-140 H4 EAD Document Checklist for First-Time Applicant (or Renewal) H4 EAD Check Sample File Form I-765 for First-Time Applicant I-765 Filing Address H4 EAD Processing Time Common Mistakes to Avoid When Applying for H4 EAD for the First Time FAQs on the H4 EAD Process H4 EAD Process Summary H4 EAD Eligibility, you are eligible if Dependent of H-1B holder with approved I-140, or H1B status approved under AC21 H4 EAD Fees $520 H4 EAD Processing Time 5 to 10.5 months (visit Processing Time Calculator ) H4 EAD Documents Checklist Check of $520 Two passport-size photos Completed I-765 form Proof of legal status, such as a copy of I-94 and I-797 notice Photo ID, such as a copy of the passport/visa Proof of relationship, like a marriage certificate Previous EAD copy (if renewing) H4 EAD Premium Processing Not available H4 EAD Attorney Fees Typically, $500 to $1500 H4 EAD Online Filing Not available H4 EAD Expedite Request Possible ( read more ) H4 COS to EAD Processing Time 3.5 to 8 months (visit Processing Time Calculator ) I'll walk you through the renewal or extension process, which should begin 180 days before your current EAD's expiry. Feel free to reach out with any questions – I'm dedicated to making your H4 EAD application process as smooth as possible! H4 EAD Application Process for First-Time Applicants Overall, I will explain the following in detail, covering all the aspects of the H4 EAD process. If you think I should add something, feel free to provide feedback in the comments section below, and I will try to add those details to the best of my knowledge. First, we will check the eligibility criteria. Next, gather the necessary documents required for the H4 EAD application. After that, we will fill out form I-765. Submit the H4 EAD application. Wait for USCIS processing and approval. Receive H4 EAD card (and SSN if applicable). Go through FAQs about the H4 EAD application process. H4 EAD Eligibility Criteria for First-Time Applicants Before we jump into H4 EAD eligibility criteria, note that You can file H4 EAD only when you are physically present in the US You don't need any job offer to apply for H4 EAD You can not file H4 EAD online, this can be done only by mail. F1 visa holders are eligible for online application though, you can read this in detail in this blog. USCIS Guidelines for H4 EAD Eligibility Primary H1B visa holder should have an approved I-140. OR If primary visa holder is on H1B status under AC21 sections 106(a) and (b) i.e. your H1B has been extended beyond 6 years and you have PERM filed (pending or approved) and I-140 filed (pending or approved) for over 365 days, then also you are eligible to file H4 EAD. I would recommend consulting your employer/ attorney for this special case. H4 EAD with Approved I-140 If you are the principal beneficiary of an H1B visa holder with an approved form I-140, Immigrant Petition for Alien Worker then you are eligible for H4 EAD. For example, children (unmarried) under the age of 21 and spouses of H1B visa holders are eligible for H-4 status, and so for H4 EAD. Related: Change of Status from H1B to B2 So if your primary visa holder is on a valid H1B status and has an approved I-140 (either from your current employer or past employer, just make sure it's not revoked by checking the status online ) and your visa type says H-4, you are good to take benefit of H-4 EAD. H4 EAD with Pending PERM or I-140 (H1B > 6 years) If the primary H1B visa holder has been granted an extension on H1B after six-year under the AC21 act i.e. you are in your 7th year of H1B and your PERM is pending for more than 365 days then also you can apply for H4 EAD. Related: B2 visa for parents If your PERM is approved but I-140 is pending, still you can apply for H4 EAD. This happens when there is a massive backlog in USCIS processing for PERM or I-140, sometimes it takes 1-2 years for approval. Reference : Under AC21 § 106 , an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for an immigrant worker (Form I-140) has been filed on the alien's behalf. H4 EAD Document Checklist for First-Time Applicant (or Renewal) Once you know that you are eligible to file for H4 EAD, let us see what documents you would need to file I-765 by mail. There is no online H4 EAD application process yet, as mentioned earlier, as of now online is mainly for the F1 category only. H4 EAD fees: The fee is $520. You can pay with a money order, personal check, or cashier’s check or by credit card using Form G-1450 , Authorization for Credit Card Transactions. If you want to pay by personal check, cashier's check, or money order, you must make your check payable to the "U.S. Department of Homeland Security". Recent photographs : You would need 2 passport-size recent photographs. Mention the I-94 number on the back of the photograph with a pencil. See how you can print passport-size photos using your phone . Form I-765: The eligibility category will be c(26) for H4 EAD. Legal status proof: You would need the most recent I-94 form and your I-797 approval notice. Photo ID: Passport (front and back pages), visa stamp copy, or EAD copy (EAD copy is not for the first-timer, but in case you are renewing). Your DL or State ID will not work for the photo ID requirement. Relation to primary H1B holder : A copy of your marriage certificate in English. H4 EAD eligibility: Copy of H1B spouse's I-797 approval notice for form I-140. Form G-1145 (optional): This will help notify you via text or email. You can download it here . Cover letter (optional): This is also optional but it will help an officer to understand your case better. You can refer to this for writing. Even if you are applying for renewal or extension, the above document checklist will remain the same. For Renewal: If you have a USCIS notice from your last EAD, you would have received a notice with sample bar codes that can be used for extension, and that will help USCIS officers speed up your application. Please include it if you still have it. If you don't have it, it's not mandatory to include it. After filing for renewal, you might be eligible for an automatic EAD extension, you can read about this in the following blog. Related: H4 EAD automatic extension, 180 or 540 days? H4 EAD Check Sample I am attaching a sample check so that you can verify it. The H4 EAD fee is $520 and your check should be payable to "U.S. Department of Homeland Security". Don't forget to date and sign it. At the back of the check (optional), you can mention the applicant's I-94 number with a light pencil. File Form I-765 for First-Time Applicant You can download the latest version of the I-765 form from the USCIS website. There is also documentation on I-765 instructions which is very simple to follow. The H4 EAD category code you need to use is c(26). Download and print the I-765 form from the link provided. Select reason for applying: Initial permission if you are a first-timer or Renewal for extension or Replacement for lost cards. Fill in your personal information: If you have a single name, use FNU in the given name and your actual name in the Last name. Read more about FNU's name here . You can also apply for an SSN card if the applicant doesn't have one. Just select "No" for 13.a. and then select "Yes" for Q14 & 15 and provide your father's and mother's names in Q16 & 17. Choose the H4 EAD eligibility category as c(26) on question 27. Provide your signature: Sign and date the form. Pay the filing fee: I always preferred to pay via check. Mail: Mail the completed form with supporting documents via USPS, UPS, FedEx, etc. USPS will be the cheapest option. Note: To organize the documents, I recommend using file binders with tabs , labeled and numbered. This will help USCIS officers to easily understand your EAD application. Arrange the documents following the structure outlined in the sample cover letter . I-765 Filing Address I-765 filing address will depend on your eligibility category, (c)(26), and H-1B I-797 approval notice initial three letters, refer to the USCIS website . Please re-verify these addresses before dispatching your documents as this might change in the future. H4 EAD Category I-765 Filing Address (c)(26) - H-4 spouse of an H-1B nonimmigrant, and the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, for Form I-129 begins with EAC or LIN or MCT USCIS Dallas Lockbox U.S. Postal Service (USPS): USCIS Attn: H4 P.O. Box 660921 Dallas, TX 75266-0921 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 660921) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 (c)(26) - H-4 spouse of an H-1B nonimmigrant, and the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, for Form I-129 begins with WAC or SRC or IOE USCIS Phoenix Lockbox U.S. Postal Service (USPS): USCIS Attn: H4 P.O. Box 20400 Phoenix, AZ 85036-0400 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 20400) 2108 E. Elliot Rd. Tempe, AZ 85284-1806 Wait for the USCIS decision. You can track the status here . You will receive the SSN card via mail after EAD is approved. You will also get electronic alerts from time to time if you have filed the G-1145 form along with the I-765 application. H4 EAD Processing Time The above processing time for H4 EAD which is filed under the (c)(26) category is frequently refreshed from the USCIS website. To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . H1B, H4 COS, and H4 EAD: You may speed up the processing of your H4 EAD if you apply for an H1B extension for the primary visa holder along with a Change of Status (COS) to H4 under Edakunni Settlement. For detailed information, you can read more about this process here . Expedite request: You can explore the option of expediting the H4 EAD application based on humanitarian reasons. There are no fees for this service, but the consideration of your case depends on the reason you provide and USCIS's discretion. For more details, you can read about it here . Common Mistakes to Avoid When Applying for H4 EAD for the First Time If you send the wrong fee, USCIS will reject your application. Pay the exact fees needed. Biometrics fees would not be required for H4 EAD. Do not use a short abbreviation like "USCIS" while writing (payable to) the check. USCIS will reject it. I always preferred to personal check to make payments because that way you can also see if you are application is getting processed, just keep checking your bank balance and when $520 is deducted. Fees have changed recently to $520. If your photographs are not recent (older than 6 months) then our application will be rejected. Do not wear a white shirt/ top and the background should be off-white. Do not forget to sign and date the I-765 application form before you mail it. While mailing the application, first keep the check on top, second, photograph in a small envelope, then form G-1145 (optional), cover letter (optional), and then I-765 and the rest of the supporting documents. Use a nice numbered file folder like below to post your documents. Do not staple the documents, use paper clips if needed. FAQ: H4 EAD Process Can I file H4 EAD online? No, currently H4 EAD can be done only via mail and the online facility is not available for H4 applicants. Can an H4 visa holder work in the USA without EAD? No, you must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-765) from USCIS before you may begin working. How to track the status of your first-time H4 EAD application? Once you receive the receipt number, you can track your application on the USCIS website. It's the same process as checking any other case on USCIS. What is the current processing time for H4 EAD? The average H4 EAD processing time is between 5 to 10.5 months . To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . What is the alien number on the I-765? If you have previously held an H1B, OPT, or any other type of Employment Authorization Document (EAD), you can locate your alien number on those documents. The alien number is the same as the USCIS number on the EAD card. If you do not have an alien number, please leave this field blank. Is there premium processing for the H4 EAD application? No, there is no premium processing for H4 EAD. However, as explained earlier, you might be able to speed up your H4 EAD application: If you need to file an H4 COS, H EAD along with an H1B extension (in premium). Or you can submit an expedited request based on Humanitarian reasons. What will happen to H4 EAD if I change employer? There is no impact on an H4 EAD if you change your employer, become jobless, or take an employment gap, as long as the primary H1B visa holder has maintained valid H1B status. There is no impact on an H4 EAD even if the H1B visa holder changes employers; however, this should be done within the 60-day grace period. If the H1B visa holder is unemployed beyond 60 days, then the H4 EAD automatically becomes invalid. Am I eligible for H4 EAD automatic extension? You might be eligible for a 540-day or 180-day automatic EAD extension depending on when you filed your I-765 EAD renewal application. Read more . Next: Expedite H4 EAD Related Posts ✔ Go to Main Menu ✔ How to apply for an OCI card ✔ How to apply for a minor's passport Related Topics
- I-485 Processing Time for Family-Based Adjustment of Status
To precisely calculate the estimated time for your case, use the Dataneb Processing Time Calculator . This page shows the I-485 processing time for family-based adjustment of status . It is based on how long it took USCIS to complete 80% and 100% of cases over the past six months. To begin, locate your field office by entering your zip code on the USCIS office field locator . Then, use the table below to see the processing time for your field office. I-485 Processing Time (Family Based) The current processing date indicates when the majority of I-485 applications are approved at the specified field office. It provides a rough estimation and should be considered as a reference point only. If an applicant's priority date is not earlier than the applicable visa available cut-off date published in the Visa Bulletin, their adjustment of status application cannot be approved until a visa is available to the applicant based on their priority date , preference category, and country of chargeability. Next: How to expedite I-485 Related Posts ✔ I-485 processing times for employment-based ✔ Humanitarian reasons to expedite your case ✔ Contacting congressman to expedite USCIS case Related Topics
- Current I-485 Processing Time for Employment-Based Green Card
To precisely calculate the estimated time for your case, use the Dataneb Processing Time Calculator . This page shows the I-485 processing times for employment-based adjustment of status , indicating how long it took USCIS to complete 80% and 100% of cases over the past six months. Before you begin: You need to locate your USCIS field office by your zip code. You can find your nearest field office by entering your ZIP code into the USCIS office field locator . This will provide you with the service center or field office code. Then, based on your field office code, refer to the processing times in the following table. I-485 Processing Time (Employment Based) USCIS processes cases in the order in which they are received. Each case is unique, and some cases may take longer than others. These processing times should be used as a reference point, not as an absolute measure of how long your case will take to be completed. Texas (SSC) and Nebraska Service Centers (NSC): The processing time listed for the Texas Service Center and Nebraska Service Center is only for EB-4 Form I-485 employment-based cases that those service centers continue to work on. California Service Center (CSC): The processing time listed for the California Service Center is only for EB-5 Form I-485 employment-based cases that the California Service Center continues to work on. Rest of the service centers: Shows the processing times for Form I-485 in the EB-1 , EB-2 , and EB-3 categories. Visa-regressed employment-based adjustment of status I-485 applications are not included in the processing times shown in the table. If an applicant's priority date is not earlier than the applicable visa available cut-off date published in the Visa Bulletin their adjustment of status application cannot be approved until a visa is available to the applicant based on their priority date , preference category, and country of chargeability. Next: How to expedite I-485 Related Posts ✔ Green card v/s citizenship ✔ Green card priority dates for India ✔ Contacting congressman to expedite USCIS case Related Topics
- H4 COS (Change of Status) and EAD Concurrent Filing with Processing Times
The following table shows the processing dates for I-765 applications filed by H-4 spouses of H-1B nonimmigrants (filed with I-539 H4) [(c)(26)] , which are currently being processed at various USCIS centers. You can also get processing times using the Dataneb Processing Time Calculator , specially tailored to your needs. Twenty eligible EAD categories can file Form I-765 concurrently with the Change of Status (COS) Form I-539. Category (c)(26), used to file for an H4 EAD, is one of them. Filing of Forms I-539 and I-765 together is also known as concurrent filing . If you are looking to apply for a change of status to H4 from another visa along with an H4 EAD application within the US, this blog will be helpful for you. Table of Contents: H4 COS and EAD Concurrent Filing Eligibility Concurrent Filing of I-539 and I-765 H4 COS and EAD Concurrent Filing Cover Letter Filing Fee Documents Required How to Complete Forms Processing Times FAQs Concurrent Filing Eligibility Note that you cannot concurrently file Form I-765 with all USCIS forms; below, we have provided the list of all the eligible categories and forms/applications with which an I-765 can be filed concurrently. Form I-539 and I-765 Concurrent Filing Dependents of H1B visa holders who want to change status to H4 can file Forms I-539 (COS or Extension) and I-765 (EAD application) concurrently. However, USCIS rules frequently change, so it's important to verify the current eligibility criteria. To confirm this, you can visit the USCIS website and look for the (c)(26) category. You will notice that for H4, Spouse of an H1B nonimmigrant under (c)(26) category are eligible to file Form I-765 concurrently with: Form I-129/I-539 - Petition for a Non-immigrant Worker / Change of Status or Extension Form I-539 - Change of Status or Extension I have previously explained filing Forms I-129/I-539 and I-765 earlier under the Edakunni Settlement in the previous blogs. You can read that in detail here . H4 COS and EAD Concurrent Filing To file H4 COS and EAD concurrently, you need to complete Forms I-539 and I-765 with all the required fees and supporting documents (for both applications). According to USCIS, if you are filing Form I-765 with Form I-539, Application to Extend/Change Status, then file both forms according to the Form I-539 instructions. You must complete Form I-539A for each dependent you want to include on your application. [Recommended] Include a cover letter clearly stating that you are filing H4 COS and EAD concurrently, it will help the USCIS officer to understand your request quickly. You can file this yourself, there is no need for a lawyer. After the forms are ready and signed, along with the necessary fees and documents, mail them to the following I-539 addresses . Double-check the address before mailing, as it might change in the future. USPS will be the cheapest option. H4 COS and EAD Concurrent Filing Addresses File with the USCIS Dallas Lockbox if the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, (approving their Form I-129) begins with EAC, LIN, or MCT . USCIS Dallas Lockbox U.S. Postal Service (USPS): USCIS Attn: H4 P.O. Box 660921 Dallas, TX 75266-0921 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 660921) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 File with the USCIS Phoenix Lockbox if the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, (approving their Form I-129) begins with WAC, SRC, or IOE . USCIS Phoenix Lockbox U.S. Postal Service (USPS): USCIS Attn: H-4 P.O. Box 20400 Phoenix, AZ 85036-0400 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 20400) 2108 E. Elliot Rd. Tempe, AZ 85284-1806 Cover Letter for H4 COS and EAD Concurrent Filing [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] USCIS Attn: [Appropriate USCIS Service Center] [Service Center Address] [City, State, ZIP Code] Subject: Concurrent Filing for H-4 Change of Status (COS) and Employment Authorization Document (EAD) Dear Sir/Madam, I am writing to submit my concurrent application for a Change of Status (COS) to H-4 and for an Employment Authorization Document (EAD), as the spouse of an H-1B visa holder. Please find enclosed the following documents in support of my application: Cover Letter Form I-539, Application to Extend/Change Nonimmigrant Status. Form I-765, Application for Employment Authorization. Required Fees Copies of my passport, including the biographical page and visa stamp. Copy of Form I-94, Arrival/Departure Record. Copies of my spouse’s H-1B approval notice (Form I-797) and Form I-94. Copy of our marriage certificate as proof of relationship. Two passport-sized photographs as required. [Any other relevant documents specific to your case] I kindly request that these applications be processed concurrently. My spouse’s details are as follows for your reference: Full Name: [Spouse’s Full Name] Date of Birth: [Spouse’s Date of Birth] H-1B Approval Notice Number: [Spouse’s H-1B Approval Notice Number] Please find the relevant filing fees for both applications attached. If any further information or documentation is required, please do not hesitate to contact me via the above-mentioned email or phone number. Thank you for your attention to this matter. I look forward to your favorable response. Sincerely, [Your Full Name] H4 COS and EAD Concurrent Filing Fee The total fee for H4 EAD and change of status concurrent filing is $990, comprising a $470 fee for Form I-539, which covers all included dependents, and an additional $520 fee for Form I-765. You can pay this fee using a personal check payable to the 'U.S. Department of Homeland Security'. You should write two separate checks when submitting your application: One check for Form I-539 ($470). Another check for Form I-765 ($520). Note that as of October 1, 2023, the $85 biometric fee requirement has been removed. As these fees might change in the future, you can confirm the fee using the USCIS fee calculator . Sample Check Documents Required for H4 COS and EAD These are the supporting documents needed for H4 COS (I-539) and EAD (I-765) concurrent filing: For Form I-539 Completed and signed Form I-539 Check of $470 (fee covers all dependents, if any) Applicant's latest I-94 Applicant's passport and visa stamp copy Applicant's current status proof (I-797 approval notices, if any) Applicant's marriage certificate / Birth Certificate (for a dependent child, if any) Marriage pics Primary H1B documents Copy of H1B (I-797) approval notices Latest I-94 Latest pay stubs (3 months) Passport and visa copy For Form I-765 Completed and signed I-765 form Check of $520 Two passport-size photos If Applicable Include Form I-539A for dependents Waiver documents for applicants subject to 2-year home residence, 212(e) under J-1 or J-2 status Previous EAD (if previously held F-1 OPT, J-2 or L-2, etc. status) How to Complete Form I-539 and I-765 Simply follow these USCIS links for instructions; that's the best and most accurate way to fill out these forms. As mentioned earlier, the Filing addresses will be the same I-539 application. I-539 Instructions I-539A Instructions I-765 Instructions H4 COS and EAD Processing Times The following table shows the current processing time for H4 EAD filed with the change of status, I-539 application for various USCIS service centers. To accurately calculate the estimated time for your case, use the Dataneb Processing Time Calculator . FAQs on H4 COS and EAD How can I switch from an H1B visa to an H4 status and obtain an H4 EAD without experiencing a gap in work authorization? File Simultaneously: Submit Form I-539 (Change of Status to H4) and Form I-765 (H4 EAD) concurrently. Request a Future Start Date: On Form I-539, specify a future start date for your H4 status, aligning with the end of your H1B status. Continue Working on H1B: Work for your H1B employer until your H4 status is approved. Start working on your H4 EAD only after approval. Plan for Processing Times: Apply early to account for USCIS processing times and avoid any work authorization gap. Expect 3.5 to 7.5 months of processing time. Can I apply for an H4 change of status in premium processing? No, you can not apply for an H4 change of status in premium processing. USCIS recently updated this page , earlier it was showing the H4 category as well but now it has been removed. I-539 premium processing is valid for change of status to F-1, F-2, M-1, M-2, J-1, or J-2 only. Is there any premium processing for H4 EAD? No, there is no premium processing service for H4 EAD applications. Please comment if you found this blog helpful, or if you had a different experience write us feedback and we will try our best to match your expectations. Next: How to apply for H4 EAD Related Posts ✔ How to apply for passport renewal for parents ✔ How to apply for a minor's passport ✔ Change of status from H1B to B1/B2 visa Related Topics
- How to Apply for J2 EAD: New/Renewal Application and Processing Times
The following table shows the processing dates for J2 EAD applications, which are currently being processed at various USCIS centers. To exactly calculate the estimated time for your case, use the Dataneb processing time calculator . The J2 EAD (Employment Authorization Document) allows dependents of J1 visa holders to work in the US without any sponsorship requirement. J2 EAD extension/renewal is possible up to the end date mentioned on your DS-2019, typically EADs are granted for 1 year. To apply for a J2 EAD card, you must file the form I-765 by mail with the USCIS. J2 visa holders are not eligible for online filing of form I-765, which is needed for the J2 EAD application. Also, no premium service is currently available for the J2 EAD application. You can file J2 EAD yourself, there is no requirement to hire a lawyer. My spouse was on a J2 visa, and we applied for his J2 EAD application followed by subsequent extensions/renewals. In this blog, I will cover everything you need to know about the J2 EAD application process, starting from the cover letter for J2 EAD, required documents, validity, processing time, and premium processing service. Table of Contents: J2 EAD Application Process Processing Time Sample Cover Letter Validity Documents Required Sample Check Premium Processing Filing Address Status Check J2 EAD Processing Time The following table shows the processing time for J2 EAD, I-765 applications based on (C)(5) category at various USCIS service centers. You can bookmark ⭐ this page, or save/share this link, as these processing times are frequently updated and you might need this in the future. Or, you can also check yourself by following the steps mentioned in the next section. To Check J2 EAD Processing Time Yourself Visit USCIS Case Processing Time Calculator Select the form type as 'I-765 Application for Employment Authorization' Select the category 'All other applications for employment authorization' The category (c)(5) which is used to file J2 EAD is not listed (so others) Select the service center based on your receipt number (initial three letters) and hit 'Get processing time': WAC – California Service Center SRC – Texas Service Center LIN – Nebraska Service Center EAC – Vermont Service Center YSC – Potomac Service Center MSC/NBC – National Benefits Center In our experience, the initial J2 EAD application and its three renewals each took an average of 3-4 months to process. It's important to note that processing times vary between cases and service centers. In our case, all applications were processed at the USCIS Potomac Service Center. If you plan to renew your J2 EAD, it's advisable to apply for the extension well in advance. J2 EAD renewals can be submitted up to 6 months before expiration. J2 EAD Cover Letter Sample This letter serves as the cover page for your J2 EAD application. While a cover letter is not mandatory for J2 EAD applications, including this, can improve the chances of application approval. Feel free to customize the following template for a new J2 EAD application or renewal. [Your Name] [Your Address] [City, State, ZIP Code] [Date, Month, Year] United States Citizenship and Immigration Service RE: Request for J2 Employment Authorization Document [Extension] Dear Sir/Madam, I am requesting an [extension/ a new application] for my J2 work authorization. My name is [Your Name] , and I currently reside in the United States under J2 status, accompanying my spouse, [J1 Visa Holder Name] , who is a postdoctoral researcher at the [University of California, Riverside (SEVIS No. _________)] . I wish to [start/ continue] my employment to gain experience in the American workplace culture. The income generated will be utilized for pursuing my career interests, such as [part-time master's classes and other recreational/cultural activities] , and not for supporting my spouse. My spouse's annual income of $_____ is sufficient for our day-to-day expenses. I kindly request your consideration in granting me [an extension of] work authorization. Thank you in advance for your attention to this matter. Sincerely, [Your Name] Enclosed are all the required documents to support my J2 EAD application: Filing fee check, photographs & I-765 application Copy of I-797A approval notice Copy of the latest I-94 Copy of DS-2019 Copy of all pages of passport and visa Copy of DS-2019, last 3 months pay stubs (primary J1 visa holder) Copy of I-94, passport, and visa (primary J1 visa holder) Marriage certificate J2 EAD Validity The validity of the J2 EAD is typically one year . USCIS generally authorizes J-2 employment for one year or until the J-1 visa holder's DS-2019 expires. When you receive a new DS-2019, you automatically become eligible to apply for the renewal of your J2 EAD. As previously mentioned, the renewal process can be initiated at least 6 months before the current EAD's expiration, provided that your DS-2019 has been updated. In our situation, we consistently received one-year J2 EADs and submitted the extension application annually. Related: How to apply for a B2 visa for parents? J2 EAD Renewal Documents or New Application Below are the J2 visa holder documents needed for a new EAD application or renewal: Completed and signed I-765 application G-1145 form (optional) Copy of latest I-94 Copy of passport pages (front and back) Copy of visa stamps Copy of all DS-2019 Copy of previously issued EAD cards (in case of renewal) Payment of $520 by check or money order payable to the U.S. Department of Homeland Security. Two passport-size color photos: Include two passport-size color photos with your EAD application. Place the photos in an envelope labeled "Photos". On the back of each photo, lightly print your name and A-Number (if applicable) using a pencil. Cover letter Copy of marriage certificate (with certification of translation if not in English) You would be filing a J2 EAD application under (c)(5) category - Spouse/dependent of J1 exchange visitor on the I-765 form. J1 Visa Holder's Documents for J2 EAD Application Copy of all DS-2019 Copy of passport pages front and back Copy of all visa stamps Copy of I-94 form Last 3 months' pay stubs J2 EAD Sample Check I am attaching a J2 EAD sample check for your reference. The J2 EAD application fee is $520, and your check should be payable to the 'U.S. Department of Homeland Security'. Please remember to date and sign the check. Optionally, on the back of the check, you can mention the applicant's I-94 number with a light pencil. The following check has been updated to reflect recent USCIS changes in the EAD application fee. J2 EAD Premium Processing Premium processing is not available for J2 EAD applications. Only certain categories of F1 visa holders can apply for premium processing for the I-765 form. However, you can submit an expedited request on a humanitarian reason basis. Related: USCIS expedite request on humanitarian basis J2 EAD Filing Address Please visit the USCIS website to find the appropriate filing address for your J2 EAD application. The USCIS website will provide state-wise details for sending all the required documents. I have provided the screenshot below but it is better to check the website as these might change in the future. For overnight or courier delivery, FedEx has been our preferred choice, but you can choose a service that suits your convenience. USPS will be the cheapest option. To organize the documents, I recommend using file binders with tabs , labeled and numbered as mentioned in my other posts as well. This organization makes it easy for the officer to review all the documents efficiently. Arrange the documents following the structure outlined in the sample cover letter. When attaching the check, use a paper clip and affix it to a blank page. Similarly, place the photos in a small envelope and attach them with a paper clip to a blank page. Avoid using a stapler. This method helps keep your application organized and facilitates a smoother review process. J2 EAD Status Check Upon receiving your case, USCIS will issue a receipt notice (Form I-797C) containing a unique receipt number. This number allows you to check your case status online. You can visit the USCIS website to track your case . Please don't hesitate to post any questions in the comment section, and I will do my best to provide helpful answers. Best of luck with the J2 EAD! FAQ: J2 EAD Application What is the category for the J2 EAD application? J2 visa holders, who are dependents of J1 visa holders, can apply for Employment Authorization Document (EAD) under category (c)(5). Do I need any sponsorship to apply for J2 EAD? No, you don't need any form of sponsorship for the EAD application. You can file for a J2 EAD card as long as you are a dependent of a J1 visa holder and possess a valid DS-2019, and you can do this yourself. No need for a lawyer. Can J2 work without EAD? No, a J2 visa holder needs a physical EAD card to begin working. Can J2 apply online for EAD? No, J2 visa holders cannot currently apply for an Employment Authorization Document (EAD) online. As of now, J2 visa holders must submit a paper application (Form I-765) to the USCIS by mail. Next: J1 Waiver Process Related Posts ✔ Go to Main Menu ✔ How long can I stay after J1 visa expires? ✔ How can I get a green card? Related Topics