Current Processing Of Pending Forms I-140 For - Uscis: Fill & Download for Free

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-ead/documents.htmlEligibility 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 nonimmigrantA 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 provide necessary 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

The simplest approach is to plan to marry a US citizen before turning 21, thus qualifying the individual for a green card.If this plan is not workable, planning on changing status from H-4 to F-1 as one’s 21st birthday approaches is the necessary strategy. It is important to avoid leaving the United States after the COS is complete because the individual will likely be found to have immigrant intent on return in F-1 status because of the pending immigration petition listing that individual as a derivative beneficiary, which will tend to show immigrant intent. And it is possible for the change of status to be denied because the pending immigration petition demonstrates immigrant intent; certainly, Form I-539 requires that you disclose the pending petition, and USCIS may decide that this is disqualifying. Or may not. This is, as Wisnu Nugroho put it elsewhere, a Hail Mary: if it works, great, if it doesn’t, you’re not worse off than you were before. After graduation, either enroll in a graduate program for a F-1 extension, or play the OPT to cap-gap to H-1B game. If one can extend one’s stay long enough, eventually the long-deferred I-140 petition filed by the child’s parents employer will come due (and because of the CSPA, the child will still be able to adjust as a child even though he or she might well be 30 years old or more at that time).Note also that overstay, while illegal, is also a (dispreferred) option. The overstaying H-4 admittee can, under current law, still adjust status to that of lawful permanent resident through marriage to a US citizen.

The Application ProcessThere are three main steps we advise people on LawTrades:The company files a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) making all the required certifications (as listed below).After the LCA is approved, the company files a Form I-129 requesting H-1B status for the employee and submits all supporting affidavits, documents and fees.After the Form I-129 is approved, if the employee is already inside the U.S., they are allowed to begin working on the start date; if they are outside the U.S., they are entitled to use the approved Form I-129 (and underlying documents) to apply for the H-1B.Required Employer Certifications & DocumentationThe minimum requirements companies must satisfy include:Proof of the existence of an employer-employee relationship - the company must have the ability to hire, fire, pay, supervise and control the employee’s work. Company ownership can be proven with organizational documents (e.g., Articles of Incorporation or Operating Agreements), Shareholder and Voting Agreements, Stock Option Programs, Securities Instruments and similar documentation.Proof that the position qualifies as a specialty occupation and at a minimum requires a Bachelor’s Degree (or its equivalent - e.g., license, certification or registration) that is related to the job. The USCIS relies on the Occupational Outlook Handbook published by the U.S. Department of Labor (DOL) in making that determination. Other documents that can be used to support the specialization include expert opinions on the relationship between the degree and the job, and affidavits and job listings from competitors or industry peers hiring for parallel positions.Documentation supporting that the business has a genuine business need to hire the H-1B worker.Proof that the employer has the financial means to pay wages for the foreseeable future. The ability to pay must be proven with the employee’s paystubs or recent W-2s; the company’s most recent tax returns or audited financial statements reflecting that net income is equal to or higher than the proposed salary; or financial statements or tax records showing the company’s net current assets are equal to or greater than the proposed salary in the covered years.Proof that the salary is equal to or greater than the prevailing wage. Geographic location is taken into account in addition to the type and level of the position, as well as related factors. This is proven usually with a Labor Certification Application (LCA) - certified by the DOL - that confirms that the employer is or will be paying wages that are consistent with those paid to similar workers in similar positions with comparable educational and experience levels.Proof that the foreign worker’s education level and experience are commensurate with the job’s requirements.Certification from the company that the employment won’t adversely affect the working conditions of similarly situated workers.Certification that there’s no strike or lockout implicating the worker’s job.Confirmation from the company of its legal obligation to pay the worker’s reasonable costs of transportation back to their home country in the event of a premature termination. (There is no such obligation is the employee quits.)Confirmation from the company that it is obligated to observe anti-discrimination laws with respect to foreign workers (e.g., no discrimination on the basis of national origin, gender, etc.).Confirmation from the company that it’s obligated to extend to the foreign worker the same benefits provided to U.S. employees (e.g., insurance, sick days, time off, stock options, vacation and any other benefits).Confirmation from the company that it’s obligated to observe the same policies, procedures and laws that apply to U.S. workers with respect to bonuses and promotions.ExtensionsIf you were in the US for a total of 6 years - not including business travel days or vacations abroad - then you’ll be required to leave the US for at least one year. We at LawTrades receive this question continually and have helped lots of people figure out effective answers, inexpensively.Here are some exceptions that might help you:You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition - you’re eligible for a seventh year.Your employer filed a labor certification that’s been pending for 365 days - you’re eligible for a seventh year.Your I-140 petition was approved - you’re eligible for a three year extension no matter how long your labor certification has been pending.UpdatesThe US Citizenship and Immigration Services (USCIS) will begin accepting new H1B quota based visa applications on April 1, 2016. The earliest date to start work on those visas will be October 1, 2016. As a reminder, the cap on regular H-1Bs remains at 65,000 and at 20,000 for US Master Degree H-1Bs.Also, if you’re an employer with 50 or more employees, and more than half of those employees are H-1B, L-1A or L-1B visas, your fees went up as of December 18, 2015, and you will be paying a $4000 ‘special’ fee for new H-1Bs and transfers.Please message me directly if I can answer any additional questions you have about H-1B visas, green cards or other related matters. Also feel free to check out LawTrades for additional help with questions related to H-1B visas, employer requirements and any related issues.