new proposed h4 employment authorization

[shouldi]

Hi All,

 

Any ideas are welcome..

I have completed 5yrs 5 months of my initial h1b

my 140 is already approved in eb3 and I have extension for h1b till mid 2016

 

I understand there is a proposal for certain h4b to receive work permits..and it is proposal and nothing is confirmed yet.. but 

 

Based on what i have read and proposal becomes rule..then my wife may qualify if i stick to my current job since i would be in 6+ years of h1b and more than a year after 140 approved already..

 

If I change employer now and get a new h1b , my new employer will also start green card processing. but then my new 140 would be more than a year away after i start since time is needed for LCA, perm and then 140 ..

 

Wondering if proposed h4 employment rules goes thru then which 140 would be used to determines my wife's eligibility..

 

My first 140 which was approved years ago ?

or

My new 140 which will mostly come in late 2015 or early 2016 based on historical times?

 

I understand there is no solid answer to this, since it is just  a proposal, but I have offer coming up in this week and don't want to take a decision based on my wrong interpretation.. 

 

[t75]

There can be no interpretation because there is no rule as yet.

[jairichi]

Hi All,

 

Any ideas are welcome..

I have completed 5yrs 5 months of my initial h1b

my 140 is already approved in eb3 and I have extension for h1b till mid 2016

 

I understand there is a proposal for certain h4b to receive work permits..and it is proposal and nothing is confirmed yet.. but 

 

Based on what i have read and proposal becomes rule..then my wife may qualify if i stick to my current job since i would be in 6+ years of h1b and more than a year after 140 approved already..

 

If I change employer now and get a new h1b , my new employer will also start green card processing. but then my new 140 would be more than a year away after i start since time is needed for LCA, perm and then 140 ..

 

Wondering if proposed h4 employment rules goes thru then which 140 would be used to determines my wife's eligibility..

 

My first 140 which was approved years ago ?

or

My new 140 which will mostly come in late 2015 or early 2016 based on historical times?

 

I understand there is no solid answer to this, since it is just  a proposal, but I have offer coming up in this week and don't want to take a decision based on my wrong interpretation.. 

I doubt anyone will be able to give you a precise answer.

[rahul412]

That's proposal and the eligibility rules can be changed before it becomes  a LAW. So wait till it becomes law.

[shouldi]

thank you all, i appreciate everyone's response

[thedon]

I think the question you are asking is what you should do right now - and the answer is, given there is nothing out in black & white you should act assuming the act doesn’t not exist. So do what’s good for your career currently but if the upside isn’t huge wait for it since the potential added benefit of your spouse working will outweigh small improvements in your job.

[t75]

thedon's advice is very appropriate.

To try to predict what law will be passed - or not - is not possible even for those who have watch US politics for nearly 50 years.