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RFE and H4 EAD

Shah Peerally Law Group PC


WWW.PEERALLYLAW.COM
Phone: (510) 742 5887
Possible Request for Evidence based on the new rule
of H4 visa work permit starting May 26, 2015.
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Six Possible RFE Questions regarding


H4 Visa and H4 Visa Work Permit
As from May 26, 2015, USCIS (United States
Citizenship and Immigration Services) will accept
H4 visa holders application for a work permit. The
H4 visa holders who will be eligible to apply are
those whose spouse has:

Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Who can apply?


Either An approved Form I-140
OR
H1b on 6th year or beyond based on AC 21 extension.
Because this is a totally new law, we are anticipating
many trial and errors and therefore are expecting a
number of request for evidence to be issued. Our law
firm has a good understanding of the H4 visa
especially because we were instrumental to the
passing of this law.
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

We are expecting the USCIS to question


H4 visa holder's marriage to the H1B
holder.
The H4 visa is a dependent visa which is based on
the H1B main applicant, thus we are expecting that
the USCIS will actually make sure that the
marriages are bona fide. In simple terms, the H4
visa might have to prove they had a genuine
marriage. In turn, a number of evidence will be
required.
If you need help preparing your case, feel free to
reach out to us at (510) 742 5887
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Did the H1B holder obtained a


genuine form I-140 approval.
An approved Form I-140 is required to be able to
apply. As such USCIS will definitely check if this
approval is still valid. Contrary to some belief, a
form I-140 approval can be revoked anytime by the
employer unless an adjustment of status (Form I485) has been filed and 180 days have passed under
AC 21. Note that the USCIS can also revoke the
form I-140 based on mistakes or fraud.

Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Questioning the H1B holder sixth


year extension
Since the Form I-140 approval can be investigated,
the USCIS might also want to make sure that the
AC 21 6th year extension had been satisfied in
granting the 6th year extension. A good legal
analysis might be helpful. As such a lawyer
experienced in AC 21 H1B extension can make a
big difference. The Shah Peerally Law Group has
handled AC 21 issues for more than 10 years and
can actually help. Just call at (510) 742 5887.
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

USCIS Possibly Questioning


maintenance of your H4 status.

Maintenance of status is key to your ability to


obtain this H4 EAD. For instance, if you entered
on H4 visa, then moved to student visa (F1 visa) or
was on student visa status, you cannot actually file
for H4 employment permit just because you were
previously granted H4 status. You will need to
move to the H4 visa status first or file concurrently
on May 26, 2015 or after in order to obtain the
work authorization. Therefore, the rule of changing
status or consular processing resulting into an H4
status, need to be met in order to get the H4 EAD.
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Immigration Questioning abuses on


previous visa status.
USCIS can actually investigate and request one has to
prove how someone has actually maintained a valid
status. If you were on F1 student visa, one should be
ready to prove that you did not violate your F1 status
including abuse of CPT or OPT. In case someone is on
such a visa, we recommend to have an attorney prepare
your H4 work permit application. Shah Peerally has
handled many difficult RFEs, student visas as well as
H1B issues, and his expertise might be very helpful.
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Make sure you are sending the right


documents.
USCIS is always looking direct evidence such as birth
certificate, marriage certificate, etc. USCIS has also
indicated that the department will accept secondary
evidence such as affidavit of birth. Balancing the
number of evidence is very important. Too much
evidence or not giving enough evidence can actually
have a negative impact on your case. This is why an
experience immigration H4 visa attorney is crucial.

Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Conclusion
The points above are speculative in nature. It is purely
based on our extensive experience working with the
USCIS over the years. They are not based on actual
H4 work authorization request for evidence.
Unfortunately at this point in time, nobody has yet
applied for an H4 visa EAD and no actual data can be
used. Nevertheless this slide can hopefully be a guide
to all those who will be applying under the new H4
work permit rule. If you want our services, please call
us at 510 742 5887 or email info@peerallylaw.com
Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com

Important

The information in this slide does not constitute


legal advice. We make no guarantees about the
accuracy or adequacy of the information contained
or linked to this slide.

Copyright 2015 - Shah Peerally Law Group PC - www.PeerallyLaw.com