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bkammari

EAD for h4 visa holders (new rule) or regular h1 process

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This is Preethi Motakuri ,I am on H4 visa, my spouse is on H1B and he got i 140 approved with may 2011 as priority date. I was in US (on H4 visa) since 6 months.

I am planning to apply for H1 this april and I have few queries:

1.I got a news about EAD for H4 visa holders (new rule),according to information I got,I guess I am applicable for this new rule as my spouse holds labor and I-140.

Please can you share some information about new rule, as

when it is implemented ?

how to apply for it?

Whats effective date of EAD if approved?

2. As EAD for H4 visa holders is not yet declared clearly, I am planning to start process for H1 regularly this April. If in case new rule is applicable after April can I also apply for it by taking back my H1 process.

I am in confusion, please help me in taking next step.

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Two comments ...

1) The employment authorization for certain H-4 spouses is at the very first step in the formal rule making process (it is not even officially a proposed rule yet). Optimistically, it will take approximately 6 months for the rule making process and it to be approved as a final rule published in the Federal Register and implemented by the USCIS.

2) The employment authorization for certain H-4 spouses as currently written will only apply to spouses of persons on a H-1B visa extension based on an approved I-140 petition, i.e. after their initial 6 years. In other words, the H-1B visa holder will have to be in their 7th+ year (under AC21 provisions). for their H-4 spouse to be eligible for employment authorization.

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