EAD for h4 visa holders (new rule) or regular h1 process
Posted 15 January 2013 - 04:29 PM
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.
Posted 16 January 2013 - 04:22 PM
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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