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Member Profile: Happpy (6 posts)

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Hello, I'm Happpy (report this user)
I am from India
I last logged in on 25 Feb 2015
I have been a member since 24 Feb 2015
I have added 6 posts in trackitt forums
I added my last post on 25 Feb 2015
Happpy's Posts
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

I am really confused about the point you made here.

In the scenario you mentioned, if person already has approved I-140 from previous employer A & pending I-140 with current employer B then why would spouse NOT ELIGIBLE for H4EAD since he should be able to get H4EAD on previous approved EAD? Because at some point person will apply for I-140 with current employer, isn't it?

Am I interpreting you scenario wrong?
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

I don't see why you would say that final rule is only on page 106-07. I guess this whole document explains the final rule. Correct me if I am wrong.

http://www.ofr.gov/OFRUpload/OFRData/2015-0...
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

I really hope you are right! We definitely need clarification on this one.
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

Very frustrated now :(
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

Do you also think this stanza refers to I-140 approved from previous employer would not work? I thought once I-140 gets approved and person change the employer then you only need to file for labor and not I-140 (since it was already approved). Can someone please clear this up for me.

(3) Pending Form I-140 immigrant petitions with new employer
Fewer than a dozen commenters requested that DHS extend employment
authorization to H-4 dependent spouses in cases where the H-1B nonimmigrants have
transferred their employment to a new employer and are in the process of obtaining
approval of a new Form I-140 petition. As noted above, however, authorizing
employment based solely on the filing (rather than the approval) of a PERM application
or Form I-140 petition is likely to encourage frivolous filings to allow the H-4 dependent
spouse to obtain employment authorization while the filings remain pending. DHS thus
is not extending this rule on the basis of pending PERM applications or Form I-140
petitions. By requiring that a Form I-140 petition first be approved, DHS will further
disincentivize frivolous filings and better serve the goal of extending the immigration
benefit of this rule to only those spouses of H-1B nonimmigrants who are genuinely on
the path to lawful permanent residence.
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

I am concerned if spouse of I-140 approved from previous employer will be eligible for EAD. By reading below I don't think so. Can someone shed some light on this. I hope I am wrong.

Check this out on pg 30, http://www.ofr.gov/OFRUpload/OFRData/2015-0...

(3) Pending Form I-140 immigrant petitions with new employer
Fewer than a dozen commenters requested that DHS extend employment
authorization to H-4 dependent spouses in cases where the H-1B nonimmigrants have
transferred their employment to a new employer and are in the process of obtaining
approval of a new Form I-140 petition. As noted above, however, authorizing
employment based solely on the filing (rather than the approval) of a PERM application
or Form I-140 petition is likely to encourage frivolous filings to allow the H-4 dependent
spouse to obtain employment authorization while the filings remain pending. DHS thus
is not extending this rule on the basis of pending PERM applications or Form I-140
petitions. By requiring that a Form I-140 petition first be approved, DHS will further
disincentivize frivolous filings and better serve the goal of extending the immigration
benefit of this rule to only those spouses of H-1B nonimmigrants who are genuinely on
the path to lawful permanent residence.
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