Attorney_22 Posted December 28, 2017 Report Share Posted December 28, 2017 This week, Murthy Law Firm attorneys will answer questions regarding possible changes to the H-4 EAD program by the Trump Administration. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual. Link to comment
Kris2015 Posted December 28, 2017 Report Share Posted December 28, 2017 Hi, i have completed my 6years of h1b and recently changed my status to h4ead and working. How will the existing H4ead holders effected if h4 was gets revoked. Link to comment
vineet.saju Posted December 29, 2017 Report Share Posted December 29, 2017 3 hours ago, Kris2015 said: Hi, i have completed my 6years of h1b and recently changed my status to h4ead and working. How will the existing H4ead holders effected if h4 was gets revoked. I think the question your asking is if your h4-EAD is already approved for say till 2020, how does the administration revoking the rule affect your valid work permit? Link to comment
kiran25 Posted December 29, 2017 Report Share Posted December 29, 2017 Can we go back from h4 to h1b. If we had already used our 6 year h1b and then moved to h4 ead ....if h4 ead is revoked Link to comment
pradeep143 Posted December 29, 2017 Report Share Posted December 29, 2017 Hi, My wife came to USA on H4 and converted to H1B on 12/11/2012. She started working on H1B until 06/30/2017 and as her project ends I have applied H4 and H4 EAD which has been approved on 12/20/2017 has validity until 03/30/2020. If H4 EAD revokes, can she continue on H1B assuming she finds new project. Link to comment
JoeF Posted December 29, 2017 Report Share Posted December 29, 2017 5 hours ago, kiran25 said: Can we go back from h4 to h1b. If we had already used our 6 year h1b and then moved to h4 ead ....if h4 ead is revoked To get a new H1 you would have to be abroad for a year. Link to comment
LtAldoRain Posted December 29, 2017 Report Share Posted December 29, 2017 Hi, How you expect current H4EAD holders to be effected by the revokation of the H4. EAD? Ie I have my H4EAD validity till 2019 and I’m wondering if the revocation is expected to be retroactive or not? Thank you Vish Link to comment
Kris2015 Posted December 29, 2017 Report Share Posted December 29, 2017 12 hours ago, vineet.saju said: I think the question your asking is if your h4-EAD is already approved for say till 2020, how does the administration revoking the rule affect your valid work permit? Yes correct Link to comment
Sri B Posted December 29, 2017 Report Share Posted December 29, 2017 Hi, Will the revocation of H4 EAD be effective immediately after Mr. Trump will sign the executive order/action? Or can we use the H4 EAD as long as it is valid (in our case the EAD is valid until 08/31/2020)?? Thanks Link to comment
Suzuki Posted December 30, 2017 Report Share Posted December 30, 2017 Can an attorney challenge the H4EAD rule. If so is there a group in making where we can all pool resources needed to challenge the Court verdict Thanks Link to comment
Attorney_22 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 12/28/2017 at 5:50 PM, Kris2015 said: Hi, i have completed my 6years of h1b and recently changed my status to h4ead and working. How will the existing H4ead holders effected if h4 was gets revoked. We cannot be sure if any proposed changes will be immediate, or allow individuals to utilize an H4EAD for the already approved validity. We hope the latter, but will need to monitor legislative changes as they occur. Once there is an update we will issue it on the Murthy Law Firm Bulletin. If you are not already registered to get these updates, it is advisable to do so via our home page, www.murthy.com. Link to comment
Attorney_22 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 12/28/2017 at 10:26 PM, kiran25 said: Can we go back from h4 to h1b. If we had already used our 6 year h1b and then moved to h4 ead ....if h4 ead is revoked Yes, provided you have a basis for an H1B extension beyond the normal six-year limitation, such as an I-140 approval. Link to comment
Attorney_22 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 12/28/2017 at 11:42 PM, pradeep143 said: Hi, My wife came to USA on H4 and converted to H1B on 12/11/2012. She started working on H1B until 06/30/2017 and as her project ends I have applied H4 and H4 EAD which has been approved on 12/20/2017 has validity until 03/30/2020. If H4 EAD revokes, can she continue on H1B assuming she finds new project. She would need to file a change of status to H1B. Link to comment
Attorney_22 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 12/29/2017 at 8:31 AM, LtAldoRain said: Hi, How you expect current H4EAD holders to be effected by the revokation of the H4. EAD? Ie I have my H4EAD validity till 2019 and I’m wondering if the revocation is expected to be retroactive or not? Thank you Vish Unfortunately at this time we do not know how any legislative changes will affect already approved H4EADs. Keep posted and via the Murthy Law Firm Bulletin, and as soon as we know, we will post the information there. Link to comment
Attorney_22 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 12/30/2017 at 2:17 PM, tnaveena said: Can an attorney challenge the H4EAD rule. If so is there a group in making where we can all pool resources needed to challenge the Court verdict Thanks There are no legislative changes at this time. Once legislation as passed there may be viable legal challenges that can be made, but it depends on the legislation created. Link to comment
DJ.ROY Posted January 3, 2018 Report Share Posted January 3, 2018 Anyone has any updates from the H4 EAD court hearing which was scheduled for today? Link to comment
DJ.ROY Posted January 3, 2018 Report Share Posted January 3, 2018 Anyone has any updates from the H4 EAD court hearing which was scheduled for today? Link to comment
sum-h4ead Posted January 4, 2018 Report Share Posted January 4, 2018 Hi All, can you please suggest on my situation. I have H4-EAD valid till 05/2019. my husband is changing employer and going to file h1 transfer with H4 extension. 1. what if he gets only 1 year extension. in that case should i apply H4-EAD renewal because my current H4-EAD will be having more validity in this case. 2. Do i need to apply H4-EAD renewal with new H4 Extension if new H4 extension is only for 1 year and keep existing H4-EAD? Please suggest Link to comment
Attorney_22 Posted January 4, 2018 Author Report Share Posted January 4, 2018 13 hours ago, sum-h4ead said: Hi All, can you please suggest on my situation. I have H4-EAD valid till 05/2019. my husband is changing employer and going to file h1 transfer with H4 extension. 1. what if he gets only 1 year extension. in that case should i apply H4-EAD renewal because my current H4-EAD will be having more validity in this case. 2. Do i need to apply H4-EAD renewal with new H4 Extension if new H4 extension is only for 1 year and keep existing H4-EAD? Please suggest It is advisable to discuss your personal circumstance and the options available to you directly with your attorney. You can also call our office and speak to one of our attorneys. Link to comment
Attorney_23 Posted January 4, 2018 Report Share Posted January 4, 2018 On 1/2/2018 at 7:03 PM, DJ.ROY said: Anyone has any updates from the H4 EAD court hearing which was scheduled for today? Sorry, we do not have an update on the hearing, yet. We checked the court's system this morning, but it has not yet been updated. That being said, we still do not believe the lawsuit is likely to impact the H-4 EAD program. It was dismissed based on standing. What that means is, regardless of what the Trump Administration (or any other party) does or does not do, the court on its own will not allow this particular lawsuit to move forward unless the plaintiff can get a judge to overturn the standing issue. Link to comment
isrukumar Posted January 4, 2018 Report Share Posted January 4, 2018 Hi All, My wife H4 based EAD expired on June 2017. Can i have apply for renewal for the same will it be approved? Just for your info she is not working as of now. Link to comment
udayshankar1182 Posted January 26, 2018 Report Share Posted January 26, 2018 After DHS starts the proposal for revoking H4 EAD program in February, How long is it going to take to make this a final rule? Link to comment
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