H-4 EADs

[Attorney_6]

This week, the Murthy Law Firm attorneys will answer questions about the proposed regulation which would allow for certain H-4 spouses to obtain EADs.

 

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

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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 (including yourself).

[dakshinabalu]

Hi Sirs

 

In order to obtain H4 spouse EAD , is it primary H1B holder I-140 must be approved and priority date has to be current?

 

                                                                     OR

 

Even if priority date is not current , I-140 approved is enough?

 

                                                                    OR

Even if I-140 approved with previous employer not with current employer is it enough

 

Thank you, appreciated for your answers.

[gcdude]

Hello,

   I am currently on H1 and I am waiting for my I140 approval. I am trying to get a consultant to apply H1 for my wife in this April.

 

  But, now I am in dilema whether to wait for H4 EAD or apply for H1. I am finding it very difficult to get a genuine consultant who does H4 to H1 transfer.

 

  Is it better to wait for H4 EAD or go ahead with H1? My wife has M.Sc in Computer science.

 

What are the advantages of being on H1 vs H4 EAD.

 

 

Appreciate if you can share your thoughts.

 

 

Thanks

gcdude

[drnishu]

Dear attorney,

 

This seems to be a very interesting topic. Question I have is:

 

how about a person working on H1b with six years limit going to be over soon. if that person changes his/her status to H4 of a qualified H1b spouse, will he or she be able to obtain EAD?

 

Thanks.

[guthikv]

Hello,

 

Currently my wife is doing her master's on F1 status and her employer is playing to apply for H1 this year. Since it's lottery based we don't know whether it will be picked.

Currently I am on H1 and my i-140 is approved. Since the H-4 EAD might come soon, I wanted her to convert to H-4.  

Do you think, once the H-4 EAD is passed and affective, can my wife then apply for H-4 at that time or does she need to be on H-4 beforehand by the time rule passes so she will be eligible?

 

Please hare your thoughts.

Thanks.

[H1consultant24]

Hello sir,

 

I have the approved I-140 with my current employer and i got the new offer and planning to join with new employer in end of March. Can i join new employer and file H4-EAD to my wife as soon as the rule is passed (hope fully in next month) or Do i need to wait to apply H4-EAD , till i get the I-140 approval with new employer ?? 

 

or do you recommend to continue with current employer and file H4-EAD to my wife till get the approval ?

 

Please advice. Thanks!

[JoeF]

This whole thing is likely to get delayed, since a district judge in Texas just ruled against it.

[jigargaglani]

Hello,

 

I have similar question as couple of them posted here.

I am waiting for I 140 and my spouse is on H4. Should I try and do her H1 through consultants or wait for the rule to be passed ?.

 

Today I just saw a news on yahoo which says the federal court has stalled the executive action temporary. Will that affect H4 EAD rule ?.

 

Would appreciate your reply.

 

Thanks

[sdhadvs]

Dear Attorney,

 

I am on H1B with company A and I have an approved I-140. I am planning to transfer my H1 to company B and they would file fro my green card again. If the H4 EAD becomes a reality will my be eligible to apply even if my new company has not started my greencard process? or does she need to wait till I get my new I-140 from company B to get approved? I am on h1 visa since 2005. 

 

Thanks

[ajaygarg1980]

Dear Attorney,

 

I have more or less similar question as poster by other members.

 

I have an approved I-140 and my wife is on H4. Now if I change my job to a new employer will my wife be still eligigible for EAD. This is one scenario.

 

Scenario-2

Once my wife (who is on H4) gets EAD and then if I change my employer will my wife's EAD still be valid.

 

In summary, I would like to know should I wait to change my employer or it does not matter.

 

Thanks.

[Khushi18]

 

 

This whole thing is likely to get delayed, since a district judge in Texas just ruled against it.

 

 

This injunction does not impact the pending H-4 EAD rule-making process. The injunction order includes only implementation of DAPA and Expanded DACA.

[rmgupta21]

Dear Atttorney,

 

I have approved I-140 and on 8th year H1B extension.

 

My question is that does the President Order of giving EAD's to H4 Spouses only?

 

What about other dependents on H4 like children who are below 21 and above 15 years of age? Can the EAD cards for children can also be applied? As there is no clarity on this

 

Thanks

[Attorney_6]

1. Under the regulation as proposed, the priority date of the I-140 did not have to be current. Any I-140 approval would be sufficient, no need for it to be the current employer's I-140.

 

2. While it appears that the H4 EAD regulation will be coming soon, until everything is finalized, it is best to still move forward with H1 cap cases for this year. If that does not work out, then, hopefully, the H4 EAD will fill in the gaps. But, since the H1 cap is strictly time bound, it is best not to pass up opportunities. Of course, if it ends up being better to stay as or return to H4 status after changing to H1, that would still be an option---it is just a matter of following proper procedures.

 

3. With respect to job changes, the proposed regulation allowed two avenues for the H4 EAD. Either the H1 spouse had to have an I-140 approval OR they had to have extended H1 status beyond the six years under AC21. Thus, it seems that, if there is a job change and the H1 spouse is beyond six years of H1 time, that would qualify the H4 for an EAD, even if the old employer requests to revoke the I-140.

 

4. Once an EAD is approved, it is valid unless specifically revoked. So, various changes after approval should not disrupt the EAD, but could impact the ability to get an extension.

[ashuneel]

Attorney_6,

Draft versions of Instructions for the form I-765 state that you must also submit documentation establishing that your

current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant's admission or extension of stay based on sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21).

 

 So spouses whose  H-1B principal is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the 6-year limitation of stay or  H-1B principal's Form I-140 was filed at least 365 days prior to the expiration of the 6-year limitation of stay and remains pending are also allowed to apply for EAD.

 

 Please clarify.

[pyrimidine]

Thanks

 

1. How about H1 holder changes status to H4 as he/she completing six years on H1.

2. How about I 140 is revoked by the previous emloyer?

 

Under these circumstances, one would still be eligible for H4 EAD??

[ponty]

Dear Attorney,

 

              I am planning to apply h4 to h1(new) for my spouse this April. Recently my company said they will process GC under EB1 category as I have eligibility. Now I am confused to go for H1b or wait for EAD through EB1.

 

Kindly suggest which is Better H1b or H4 with EAD. Also the how much time it takes to get EAD via EB1 process.

 

 

Regards

Ponty

[pyrimidine]

Dear attorney,

 

This is a much disccussed and hot topic at this time. Everyone is talking about this particular immigration reform. In reality what I think is that there are only few people who will benefit from this reform. The reasons are multiple and few examples are

 

1. Most of the H4 visa holders are not working and stay home spouses (especially true for females)

2. Even if they are qualified in their home country they may not be qualified to work here in US as they may not have advanced US degree they can use.

 

The only group of people who can take advantage are

 

1. Those H1 visa holders at the end of six years limit and can not extend their H1B beyond six years, provided their spouse is also on H1b. These people can change their status to H4 and can get EAD.

 

of course with EAD, H4 visa holders can get SSN and can work part time jobs but I do not think they can work full time unless they have advanced degree in US.

 

Anyother thoughts?

[JoeF]

Dear attorney,

 

This is a much disccussed and hot topic at this time. Everyone is talking about this particular immigration reform. In reality what I think is that there are only few people who will benefit from this reform. The reasons are multiple and few examples are

 

1. Most of the H4 visa holders are not working and stay home spouses (especially true for females)

2. Even if they are qualified in their home country they may not be qualified to work here in US as they may not have advanced US degree they can use.

 

The only group of people who can take advantage are

 

1. Those H1 visa holders at the end of six years limit and can not extend their H1B beyond six years, provided their spouse is also on H1b. These people can change their status to H4 and can get EAD.

 

of course with EAD, H4 visa holders can get SSN and can work part time jobs but I do not think they can work full time unless they have advanced degree in US.

 

Anyother thoughts?

 

With an EAD, a person can work anywhere, part-time or full-time. Not even a degree required.

[ramzee]

This injunction does not impact the pending H-4 EAD rule-making process. The injunction order includes only implementation of DAPA and Expanded DACA.

 

Hi Attorney 6,

 

Is this correct? Can you please confirm this?

 

Thanks.

[sanjay.sinha84]

I am currently in the 6th year of my H-1B visa which is expiring on 12/10/2015. Currently my company has advertisements running for my EB-2 Greencard and I am expecting a priority date of 04/01/2015. I would also like to mention here that my application won't fall under the AC21 act since my Greencard application won't be pending 365 days prior to my 6th year of my H-1B expiring on 12/10/2015.According to the reginfo.gov website, final rule for H4 EAD is approved by OMB with change on 2/13/2015 and the only thing left now is that USCIS needs to publish this rule which is speculated to happen by April 2015. I would like to know if there are any roadblocks that could prevent USCIS NOT to publish this rule and thereby completely eliminate the executive order which allows H4 spouses to work?

[jainsahab]

Hi - Same question as others have asked. I have approved I140 from previous employer. Can that be used to file H4 EAD for spouse.

[jigargaglani]

Guys. the rule is approved. Effective May 26th :)

 

http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

[gaddesubhash]

Hi,

 

My wife is on H1b and valid till 2019, i am on H1b  with 7 th year extension based on perm pending more than 365 days.

 

 

If we apply H4- EAD  what will happen to her H1b status?

 

Can we apply directly using form 765 or i need to have her first h4 and then only apply H4-EAD.

 

Can she have both EAD and H1B status together?

 

Please advise.

[raogaru]

Hi Sirs

 

In order to obtain H4 spouse EAD , is it primary H1B holder I-140 must be approved and priority date has to be current?

 

                                                                     OR

 

Even if priority date is not current , I-140 approved is enough?

 

                                                                    OR

Even if I-140 approved with previous employer not with current employer is it enough

 

Thank you, appreciated for your answers.

 

If any one know more about this "Even if I-140 approved with previous employer not with current employer is it enough?" please let me know . From my understanding from the DHS document i think its eligible but correct me if i am wrong. 

[abhi19]

Hello Attorney,

 

My wife is on F-1 (changed from H4 in May 2014)  and doing CPT right now. Now we are thinking of changing status back to H4 after this EAD rule. Can you please provide answer how it will effect in my case. Specially I have this two question. 

 

Q1) Do you think it is possible to continue working on CPT while we apply for H4 untill it is approved. I am sure after H-4 approval she can not work.

Q2) Is it possible to apply for change of status from F-1 to H4 (I539) and I765 H4 EAD at same time on May 26th 2015. 

 

Many Thanks.