H-4 EAD Proposal


Attorney_6

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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).

 

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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!

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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.

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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.

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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.

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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.

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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.

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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 !!

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