H4 EAD rule questions

[mrvzbe]

Hi,

    I have some questions regarding this fresh rule that got approved today.

 

I am on H1B with I140 approved and currently on 8th year H1B. My wife is also on H1B and have her I140 approved and currently in her 6th year of H1B.

 

Now the questions are ,

 

1. Is my wife eligible for H4 EAD if I convert her to H4 from her current H1B?

2. Once she is on H4 and gets her EAD, does she need to have H4 visa stamping done if she leaves the country and come back ? 

3. Is this new rule only applies to spouses that are H4 for some qualified time (like a year  or so??)

 

 

Thanks in advance for your responses

 

 

[satya2k1]

1. Is my wife eligible for H4 EAD if I convert her to H4 from her current H1B?  My understaning is that EAD adjudicaiton takes place ONLY after COS is approved.  Further delays to get EAC can be expected in the case of RFE.

2. Once she is on H4 and gets her EAD, does she need to have H4 visa stamping done if she leaves the country and come back ? Yes, she needs to get H4 stamping to travel back to USA.  Once her status change to H4, her H1 visa is not valid.

3. Is this new rule only applies to spouses that are H4 for some qualified time (like a year  or so??)

There are no guidelines on this aspect.  Any H4 who meets the eligibility criteria can apply for H4-EAD.

 

 

Thanks in advance for your responses