I have just being approved for H4 using form I-539. Can anyone share your experience of how long to obtain approved I-140 and how long to obtain H4 EAD?
It took me 1 year to be approved to H4. I wonder how many year(s) do I have to wait until I get H4 EAD?
I-140 needs a PERM (unless it is PERM exempt category). PERM processing time is from 7 to 13 months currently. Once PERM is approved, I-140 can be filed in premium processing which will take 15 days for approval.
H4 EAD takes 6.5 to 18.5 months based on service center.
Wow thanks @Kalpesh_Dalwadi. My husband company is currently processing PERM and they said that we might get I-140 by November 2022. With H4 EAD processing time for another 18.5 months, It takes me almost like 4 years in order to get H4 EAD!
Does anybody else have their own experience that they can share with me?
Hoping that USCIS is able to reduce the processing time in 2022, I am guessing you might get your H4 EAD in 6 months after your husband’s I140 is approved.
Thank you @Kalpesh_Dalwadi. Do you think if I travel back to my home country to work and come back once I-140 is approved and applied for H4 EAD, would that affect my green card application? Will USCIS concern about the validity of our marriage if we don’t live together?
This is of no concern for USCIS.
Thank you @Kalpesh_Dalwadi for your fast response. Last question (I promise). Do I have to stay in the US to apply H4 EAD? Can I hire an attorney in the US while I work outside of US (given that fact that I am currently hold H4 visa)?
If not, can I travel to the US to apply for H4 EAD, then return to my home country to work? The processing time of H4 EAD takes up to a year now so I am a little bit tired!
No, but you do need someone in the US to receive USCIS notice/RFE and be able to respond on your behalf. You must also have a valid H4 status the entire time the H4 EAD application is getting processed and approved. If you H4 status is expiring meanwhile you need to be in country to apply for extension of your H4 status and till it is approved. If you leave the US when your H4 extension is pending with USCIS, your application will be deemed abandoned and will be denied. Once H4 is denied your H4 EAD will of no use anymore.
You need to time all the above such that you dont end up in a immigration mess.