EAD for H4 Visa (new rule)


bkammari

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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.

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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.

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  • 4 weeks later...
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.

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  • 3 weeks later...

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

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  • 1 year later...

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