bkammari Posted January 15, 2013 Report Share Posted January 15, 2013 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. Link to comment
JoeF Posted January 16, 2013 Report Share Posted January 16, 2013 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. There is NO new rule. Don't listen to rumors. It is a proposal at this point. Link to comment
rangadu Posted January 16, 2013 Report Share Posted January 16, 2013 Proposed rule is applicable when the H1 visa holder is working beyond 6 years on approved 140. It is just a proposal, nothing set in stone yet. So only option H4 holders currently is to plan to apply for H1, if in fact the new rule passes, you can always switch to EAD when needed. But never put much hopes on proposed immigration change, always plan keeping existing laws in mind. Link to comment
bkammari Posted January 16, 2013 Author Report Share Posted January 16, 2013 Thank you for reply and please post if there is any update on new rule Thankyou Link to comment
F1struggle Posted February 10, 2013 Report Share Posted February 10, 2013 I had the same question. Can the spouse apply for H-1, F-1 or any other visa status now and then switch back to H-4 to receive benefit of the EAD for H-4(if the proposed rule takes implementation)? Because waiting for a proposed rule to take effect is foolishness and immigration laws change anytime Link to comment
rangadu Posted February 11, 2013 Report Share Posted February 11, 2013 I had the same question. Can the spouse apply for H-1, F-1 or any other visa status now and then switch back to H-4 to receive benefit of the EAD for H-4(if the proposed rule takes implementation)? Because waiting for a proposed rule to take effect is foolishness and immigration laws change anytime The problems with a 'proposed rule' are 1) it may never pass and 2) the 'proposal' may change a lot from its existing format. So there is no way to say with certainty if any given scenario would be possible untill the rule actually passes. Although given how immigration laws work generally, you should be able to obtain a non H4 status now and then switch back to H4 once the rule passes to take advantage of the provisions. Link to comment
F1struggle Posted March 1, 2013 Report Share Posted March 1, 2013 The problems with a 'proposed rule' are 1) it may never pass and 2) the 'proposal' may change a lot from its existing format. So there is no way to say with certainty if any given scenario would be possible untill the rule actually passes. Although given how immigration laws work generally, you should be able to obtain a non H4 status now and then switch back to H4 once the rule passes to take advantage of the provisions. Thanks Link to comment
jjg Posted March 4, 2014 Report Share Posted March 4, 2014 Give positive comments on the site to help the government decide that EAD for H4 is a very a good move from their part. Please follow the link below and comment:http://www.regulations.gov/#!documentDetail;D=DHS-2014-0006-0001 Link to comment
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