H4 EAD process query

[yoyoman]

Hi ,

My wife is on H4 visa and i am in 7th year extension of H1 visa.Got I140 approved in PERM processing.Is there any chance for applying for EAD for her?

If yes how is the process?

Can we do it thro' Murthy firm if possible?

[pontevecchio]

She needs a H1 sponsor if she wants to work.

[catx]

Currently, there is no employment authorization (EAD) for H-4 spouses.

However, earlier this month there was notable positive movement by the USCIS (DHS) with a proposed rule to allow employment authorization for certain H-4 spouses (which would appear to apply in this situation, i.e. on 7+ year H visa extension based on the H-1B beneficiary having an approved I-140 petition). Speculation is that the rule making process will take ~6 months to complete (~ mid 2013), and the Final Rule be published in the Federal Register and implemented by the USCIS.

For more information check the recent posts on this development in topics this WORK > H1B: H4 issues forum ("H-4 EAD Proposed Rule in White House for Clearance?", "H-4 visa holders - are they allowed to work?") and the SPECIAL TOPICS > Legislation forum ("H-4 Employment Authorization Proposed Rule - Positive News Update").