Attorney_6 Posted July 10, 2014 Report Share Posted July 10, 2014 This week, the attorneys from the Murthy Law Firm will answer questions about the proposal to allow certain H-4 spouses to obtain Employment Authorization Documents (EADs). RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself). Link to comment
blancx Posted July 17, 2014 Report Share Posted July 17, 2014 With the comment period over, how does the proposal move forward? Are there any timelines that need to be followed? Is there is time period by which a final ruling has to be issued? Thanks. Link to comment
maverick41 Posted July 17, 2014 Report Share Posted July 17, 2014 1) Can a H1 holder nearing the 6 year limit switch to a H4 EAD based on the spouse's approved I140? Would there be any time limitations because of previous H1 status? 2) Can one work part time on H4 EAD? 3) Does a prospective employer have any role to play in the H4 EAD application process? Both my wife and I at one point were on F-1 OPT EAD's and so I'm guessing it would be similar to that, would that assumption be right? I know it maybe a little early to be asking some of these questions but any information you may have on this topic will be greatly appreciated. Thanks! Link to comment
Attorney_6 Posted July 17, 2014 Author Report Share Posted July 17, 2014 Blancx, There is no set timeline. We keep checking for any developments. Maverick, The following answers are based upon the terms of the proposed regulation. 1. The H4s do not have any time limit. There proposed H4 EAD does not have a time limit. An H4 nearing the end of his/her H1 limit could, under the proposal, change to H4 and obtain an EAD based upon the spouse's I-140 approval. 2. Yes. The EAD would be optional. So, there are no restrictions on the type of work or number of hours worked. 3. No. If a person is eligible for the EAD, that is the only requirement. It is different from the F1 OPT, which requires work related to the degree etc. The H4 is simply an optional benefit, the person could work (or not) in any job. Link to comment
blancx Posted July 18, 2014 Report Share Posted July 18, 2014 Thank you for the answers, Attorney_6. Kindly confirm my understanding below. 1. Based on the answer 1 above to Maverick, any H1 individual can change status to H4 and apply for EAD based upon the spouse's I-140 approval. For example, this course of action may be used in applying for jobs that do not sponsor H1, but are willing to hire individuals with work permits. 2. Also, a valid H4 visa (or approved petition) will have to maintained at all times. Thanks again. Link to comment
Attorney_6 Posted July 18, 2014 Author Report Share Posted July 18, 2014 Blancx, 1. Yes. 2. H4 status and a valid EAD would have to be maintained in order to work. Link to comment
Ankur Chopra Posted July 18, 2014 Report Share Posted July 18, 2014 After the public comment period is over, is there any considerations on the change in the bill clauses? By when we can expect that the rule will be final? By when we can start applying for the EAD's based on the I140 approvals? Link to comment
maverick41 Posted July 18, 2014 Report Share Posted July 18, 2014 Thanks, Attorney-6!Your answers are helpful! Link to comment
i_luv_ducati Posted July 23, 2014 Report Share Posted July 23, 2014 Hello, I have approved I 140 from Company A under EB3 and I moved to company B I am on my 8th year of h1-b Company b is yet to file my green card Will my spouse be eligible to apply for EAD under h4? Thanks Link to comment
sankap Posted July 25, 2014 Report Share Posted July 25, 2014 Should we have aboth approved I-140 and completed 6 years of H1B period for the spouse to be eligible for H4EAD? Or just approved I-140 enough? Link to comment
Attorney_6 Posted July 25, 2014 Author Report Share Posted July 25, 2014 Sankap, Under the proposal, it would be enough to just have the I-140 approval. Link to comment
i_luv_ducati Posted July 25, 2014 Report Share Posted July 25, 2014 Hello Attorney_6, Can you please let me know answer to mine that will help m e =============I have approved I 140 fromCompany A under EB3 and I moved to company BI am on my 8th year of h1-bCompany b is yet to file my green cardWill my spouse be eligible to apply for EAD under h4?Thanks Like This Quote Link to comment
Attorney_6 Posted July 28, 2014 Author Report Share Posted July 28, 2014 Ducati, Yes, under the proposal as it stands would be eligibile for an EAD in the situation described. Link to comment
sagi85 Posted July 31, 2014 Report Share Posted July 31, 2014 Does H4 applicant needs to have special skills in a particular field to apply for the EAD? Link to comment
rahul412 Posted August 1, 2014 Report Share Posted August 1, 2014 Does H4 applicant needs to have special skills in a particular field to apply for the EAD? I think their job should match their skills. I am not sure, I read this somewhere. Link to comment
Attorney_6 Posted August 1, 2014 Author Report Share Posted August 1, 2014 Sagi/Rahul, No, there are no job requirements etc. It is just like most other EADs (other than OPT), where the USCIS just grants the EAD based upon the person fitting into an eligibile category. It would give unrestricted employment authorization and, then, the person could work at any job they can find or even start their own business etc. Link to comment
maverick41 Posted August 1, 2014 Report Share Posted August 1, 2014 ...or even start their own business etc. That's good to know. Link to comment
musuvathi Posted August 2, 2014 Report Share Posted August 2, 2014 Hi Attorney, My wife got her H1B visa in Apr 2014 and i got H4 visa at the same time through her company. I'm having 10+ years of experience in IT, now moved to US this July with family. Am i eligible to apply for this EAD? to get job. Thanks | Musuvathi Link to comment
blancx Posted August 2, 2014 Report Share Posted August 2, 2014 Attorney_6, If the H1 holder exits the US temporarily e.g., 2-3 weeks for work purpose, and the H4 spouse does not accompany him/her, does the H4 spouse continue to maintain a valid H4 status in the US? Reason I ask is because, as per my understanding, for a valid H4 status, the H1 status of the primary has to be valid. If the H1 primary is out of the US, the H1 primary does not hold a H1 status in the US. Kindly clarify. Thanks. Link to comment
Attorney_6 Posted August 4, 2014 Author Report Share Posted August 4, 2014 Musuvathi, The proposal has not been finalized, so there are not any H4 EADs yet. But, under the terms of the proposal, the H1 spouse must be the beneficiary of a GC case that meets certain requirements. See the earlier posts and our article for those details. Link to comment
Attorney_6 Posted August 4, 2014 Author Report Share Posted August 4, 2014 Blancx, While it is correct that people only hold status while they are in the U.S., the USCIS does not expect H4 spouses to travel abroad if the H1 spouse goes on a short business/personal trip. There is a memo that covers what is known as "parking" the spouse---which states, essentially, that people can't just completely leave the country and "park" the H4/L2 etc. dependant spouse in the U.S. There is a common sense approach to this issue. Link to comment
blancx Posted August 4, 2014 Report Share Posted August 4, 2014 Understood. Assuming the H4 spouse accompanies the H1 holder abroad, but returns prior to the H1 holder. Can the H4 spouse enter the US while the H1 holder is outside the country temporarily? Thanks. Link to comment
musuvathi Posted August 6, 2014 Report Share Posted August 6, 2014 Musuvathi, The proposal has not been finalized, so there are not any H4 EADs yet. But, under the terms of the proposal, the H1 spouse must be the beneficiary of a GC case that meets certain requirements. See the earlier posts and our article for those details. Got it, Thanks Attorney !! Link to comment
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