OMB Approval of the H-4 Employment


jgpatel

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Hi 

 

I am on H4 and my husband is on H1b since 2006.He has filed GC his labor and I-140 is approved and I-485 also filed but it is pending since priority date is 2007. But we got married after his I-485 filling. so i have not added my name in his file. Lawyer said when his priority date will be current at that time only i can add my name in his file. He also has EAD.

 

So my question is  when this rule will be implemented  Am i eligible to get EAD ?

Because my name is not added in his file. I am only on H4  dont have a I-140 approved  or I-485 filed .

 

  • Summary of Motivation for Proposed Rule on H-4 Spouse Employment Authorization: DHS believes that allowing for extension of H-1B status past the 6th year for workers who are the beneficiaries of certain pending or approved employment-based immigrant petitions or labor certification applications would minimize the disruption to U.S. businesses employing H-1B workers that would result if such workers were required to leave the United States. DHS recognizes that the limitation on the period of stay is not the only event that could cause an H-1B worker to leave his or her employment and cause disruption to the employer's business, inclusive of the loss of significant time and money invested in the immigration process. The rule, as proposed by this NPRM, is intended to mitigate some of the negative economic effects of limiting H-1B households to one income during lengthy waiting periods in the adjustment of status process. Also, this rule will encourage H-1B skilled workers to not abandon their adjustment application because their H-4 spouse is unable to work. An alternative considered by DHS was to permit employer authorization for all H-4 dependent spouses. Congress has expressed concern with avoiding the disruption to U.S. businesses caused by the required departure of H-1B workers (for whom the businesses intended to file employment-based immigrant visa petitions) upon the expiration of workers' maximum six-year period of authorized stay. Although the inability of an H-4 spouse to work may cause an H-1B worker to consider departing from the United States prior to his or her eligibility for an H-1B extension. This alternative was rejected in favor of the proposed process to limit employment authorization to the smaller sub-class of H-4 nonimmigrants who intend to remain in the United States permanently. The proposed changes would only impact spouses of H-1B workers who have been admitted or have extended their stay under the provisions of AC21. Allowing certain H-4 spouses the opportunity to work would result in a negligible increase to the overall domestic labor force. The benefits of this rule are retaining highly-skilled persons who intend to adjust to lawful permanent resident status. This is important when considering the contributions of these individuals to the U.S. economy, including advances in entrepreneurial and research and development endeavors, which are highly correlated with overall economic growth and job creation. In addition, the proposed amendments would bring U.S. immigration laws more in line with other countries that seek to attract skilled foreign workers.

  please reply asap

Thanks 

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Hi 

 

I am on H4 and my husband is on H1b since 2006.He has filed GC his labor and I-140 is approved and I-485 also filed but it is pending since priority date is 2007. But we got married after his I-485 filling. so i have not added my name in his file. Lawyer said when his priority date will be current at that time only i can add my name in his file. He also has EAD.

 

So my question is  when this rule will be implemented  Am i eligible to get EAD ?

Because my name is not added in his file. I am only on H4  dont have a I-140 approved  or I-485 filed .

 

  • Summary of Motivation for Proposed Rule on H-4 Spouse Employment Authorization: DHS believes that allowing for extension of H-1B status past the 6th year for workers who are the beneficiaries of certain pending or approved employment-based immigrant petitions or labor certification applications would minimize the disruption to U.S. businesses employing H-1B workers that would result if such workers were required to leave the United States. DHS recognizes that the limitation on the period of stay is not the only event that could cause an H-1B worker to leave his or her employment and cause disruption to the employer's business, inclusive of the loss of significant time and money invested in the immigration process. The rule, as proposed by this NPRM, is intended to mitigate some of the negative economic effects of limiting H-1B households to one income during lengthy waiting periods in the adjustment of status process. Also, this rule will encourage H-1B skilled workers to not abandon their adjustment application because their H-4 spouse is unable to work. An alternative considered by DHS was to permit employer authorization for all H-4 dependent spouses. Congress has expressed concern with avoiding the disruption to U.S. businesses caused by the required departure of H-1B workers (for whom the businesses intended to file employment-based immigrant visa petitions) upon the expiration of workers' maximum six-year period of authorized stay. Although the inability of an H-4 spouse to work may cause an H-1B worker to consider departing from the United States prior to his or her eligibility for an H-1B extension. This alternative was rejected in favor of the proposed process to limit employment authorization to the smaller sub-class of H-4 nonimmigrants who intend to remain in the United States permanently. The proposed changes would only impact spouses of H-1B workers who have been admitted or have extended their stay under the provisions of AC21. Allowing certain H-4 spouses the opportunity to work would result in a negligible increase to the overall domestic labor force. The benefits of this rule are retaining highly-skilled persons who intend to adjust to lawful permanent resident status. This is important when considering the contributions of these individuals to the U.S. economy, including advances in entrepreneurial and research and development endeavors, which are highly correlated with overall economic growth and job creation. In addition, the proposed amendments would bring U.S. immigration laws more in line with other countries that seek to attract skilled foreign workers.

  please reply asap

Thanks 

Relax. It is a proposal not yet become an immigration law. Based on your H4 you might be eligible but you have to wait for a final law to be passed.

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