H-1B vs H-4 EAD Comparison Toolkit
Your Complete Guide to Choosing the Right Work Authorization
23+ Years Experience
1000+ L-1 Approvals
Attorney-Led Guidance
Which Visa Option Is Right For You?
Answer the following questions to receive a personalized recommendation on whether H-1B or H-4 EAD is the best option for your unique situation.
Question 1: What is your current immigration status?
Question 2: Does your spouse have an approved I-140?
Question 3: What type of work do you want to do?
Question 4: How important is independent immigration status to you?
Your Recommendation: Sample Result
Based on your answers, Option A appears to be the best fit for your situation. This recommendation takes into account your current status, career goals, and personal preferences.
Next Steps: Review the relevant section of our toolkit and consult with an immigration attorney for personalized advice.
Complete Document Checklist
Use these comprehensive checklists to ensure you have all required documents before filing your application. Check off items as you gather them.
H-1B Required Documents
H-4 EAD Required Documents
Important Tips
For H-1B Applications: Ensure the Labor Condition Application is certified before filing I-129. All information must match exactly across all documents.
For H-4 EAD Applications: File renewal applications at least 180 days before expiration to ensure that you receive approval in time.
Common Mistakes to Avoid
Learn from the most frequent errors that delay or jeopardize applications. Each mistake includes practical solutions to help you succeed.
Mistake #1: Filing Without Complete Documentation
Many applicants submit their petitions before gathering all required documents, leading to Requests for Evidence (RFEs) and significant delays in processing.
Solution: Use our comprehensive checklist above to verify you have every required document before filing. Create a folder system to organize your materials and review everything twice before submission.
Mistake #2: Missing Critical Deadlines
Applicants often miss important filing deadlines or fail to submit renewal applications with sufficient lead time, resulting in gaps in work authorization.
Solution: Set calendar reminders at least 6 months before any expiration dates. For renewals, file as early as regulations permit to avoid authorization gaps and maintain continuous status.
Mistake #3: Inconsistent Information Across Forms
Providing different information on various forms and documents raises red flags with USCIS and can lead to denials even when the applicant is otherwise qualified.
Solution: Create a master document with all key information (dates, addresses, job titles, etc.) and reference it when completing all forms. Have someone else review for consistency before filing.
Mistake #4: Not Understanding Status Dependencies
Many applicants don’t fully understand how their visa status depends on other factors, leading to unintentional violations that can have serious consequences.
Solution: Consult with an experienced immigration attorney to understand all dependencies and requirements of your specific status. Document all communications and maintain copies of all approvals.
Mistake #5: Failing to Update USCIS About Changes
Applicants must notify USCIS about address changes, employment changes, and other material changes, but many forget this requirement.
Solution: File AR-11 within 10 days of any address change. Notify USCIS of any material changes to your circumstances. Keep records of all notifications sent.
Frequently Asked Questions
Find answers to the most commonly asked questions about visa options, applications, and processes.
No, you cannot hold two different primary visa statuses simultaneously. You must be in one status or the other. However, you can transition between statuses by filing the appropriate change of status application with USCIS. Consult with an immigration attorney to determine the best timing and strategy for any status changes.
If your application is denied, you typically have options including filing a motion to reconsider, filing a motion to reopen, or appealing the decision. The specific options available depend on the type of application and the reason for denial. It’s crucial to act quickly as there are strict deadlines for these actions. Consult with an immigration attorney immediately if you receive a denial.
Processing times vary significantly depending on the type of application, the service center handling your case, and current USCIS workloads. Standard processing typically takes 3-6 months, though some cases may take longer. Premium processing is available for certain petition types and guarantees a 15-day processing time for an additional fee. Check the USCIS website for current processing times for your specific application type.
Travel while an application is pending can be complex and depends on your specific situation and the type of application. In some cases, leaving the US while an application is pending can be considered abandonment of that application. Before making any travel plans, consult with an immigration attorney to understand the implications for your specific case and obtain any necessary advance parole documents.
Costs vary significantly between different visa types. Filing fees alone can range from several hundred to several thousand dollars, depending on the petition type and whether you’re using premium processing. Additional costs may include attorney fees, credential evaluation fees, and document translation costs. Consult with an immigration attorney for a detailed cost breakdown specific to your situation.
While it’s legally possible to file immigration applications without an attorney (known as “pro se” filing), immigration law is complex and mistakes can have serious consequences. An experienced immigration attorney can help you understand your options, prepare a strong application, avoid common pitfalls, and respond effectively to any requests for evidence. The investment in professional legal assistance often pays for itself by improving your chances of approval and avoiding costly mistakes.
Renewal requirements depend on your specific visa type and the validity period granted. Some statuses are granted for 1-3 years and must be renewed before expiration to maintain lawful status. It’s crucial to track your expiration dates carefully and file renewal applications well in advance. Set up calendar reminders at least 6 months before any expiration to ensure you have adequate time to prepare and file your renewal application.
An RFE means USCIS needs additional information or documentation to make a decision on your case. Read the RFE carefully to understand exactly what is being requested. You typically have a limited time to respond (often 30-90 days). Gather all requested documentation, provide clear explanations, and submit a comprehensive response before the deadline. Consider consulting with an immigration attorney to ensure your response adequately addresses USCIS concerns.
