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EAD for H4 Visa Holders

Like this thread? I don't like this thread 12I like this thread 62
Posted by karthiksubbu (10970) 01 Sep 2011#1
Hi,
My wife has an MBA (from India), but not eligible to work in U.S. since she is on H4.

I read somewhere online that USCIS is considering granting EAD to H4 Visa holders. I even found some online petition signed by lot of H4 Visa holders who are well qualified but couldn't work and contribute to the economy due to the U.S. Immigration policy. Its actually quite hippocritic when we hear L2 holders are eligible to work, whereas H4 holders are not.

If anyone has heard about this, has more information and could share some details in this forum, this could be an informative thread.
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Posted by karthiksubbu (10970) 01 Sep 2011#2
to buzzu:

Thanks Buzzu for your reply. Unfortunately, it isn't informative (no offense). I know that online petitions are not going to change the H4 eligibility to work. Nevertheless, it is a positive step towards a good and much-needed change.

Anyway I did not start this thread to argue or crib about the pros and cons of the role of petitioning in Immigration matters. My basis for starting this thread is this following article: (Courtesy : http://immigration-law.com/)

07/07/2011: Interesting USCIS Idea Looming up on the Horizon to Make a Rule to Allow EAD to H-4 Spouses of H-1B Professionals Working Under AC 21 Sections 104(c) or 106(a)

The USCIS is considering to initiate a proposed rule next March 2012 to extend the availability of EAD to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of AC 21 (Public Law 106-313). Apparently this concept is conceived to allow the eligible class of H-4 dependent spouses to work and thereby encourage professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies, and thus allow the United States to remain a world leader in high technology. Very stimulating idea! This may be perceived as an administrative fix of the broken employment-based immigration system. It will certainly help to stop ongoing reverse exodus of these talented foreign professionals, particularly from California, to their home countries. We will watch how far and how fast this concept will move ahead. Please stay tuned to this website for development of this news.

Hope to see some "informative" discussions to grow this thread.
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Posted by karthiksubbu (10970) 01 Sep 2011#3
Someone posted the following on this thread, I got an email update but didn't see it in the actual thread. So posting it on their behalf:

Here is the link for the rule. I think this is for the people who completed 6 yrs and started GC process (AC21)

http://www.reginfo.gov/public/do/eAgendaViewRul...

Keep watching this thread for more information
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Posted by pdfeb11 (2228) 01 Sep 2011#4
to karthiksubbu:

I've only heard some companies and people petition for this for several years, but nothing has happened. I doubt anything will be happening anytime soon.

As for your wife, nothing prevents her from getting hired by a company sponsoring H1. She can also use this time to go to school here on an F1.
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Posted by karthiksubbu (10970) 01 Sep 2011#5
to pdfeb11:

At least the article in the link seems something might happen next year. Let's hope there's light at the end of the tunnel. I have already tried the H1 route and had a bad experience, so left that option out.
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Posted by karthiksubbu (10970) 01 Sep 2011#6
to AlienEB1A:

What you ae saying is also correct. Unless your I485 has been pending for a certain time period, you cannot file for EAD. That holds good for H1 as well. Not just for H4.

This discussion is totally different. This is about the talks/rumors/facts (not sure which one is true) about the government planning to grant EAD to H4 holders whose primary applicant is going thru the GC process and consequently extending their stay. Based on the link posted in my earlier reply, the action date is March 2012.

Please do not repeatedly state existing facts. This is a totally new initiative that may or may not end up materializing in the near future. Please share if you hear any information on these lines.
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Posted by karthiksubbu (10970) 14 Sep 2011#7
to AlienEB1A:

Yea, H4 people filing for I485 and I765 if the primary filed I485 is comomn knowledge. But I'm referring to the article (link posted earlier) where there are considering granting EAD to H4 holders and the action date is listed a MArch 2012. Have you heard about this from some other forums?
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Posted by LPRTracker (105) 14 Sep 2011#8
to karthiksubbu:

Why wasting your time here?
The link you posted has the contact person. Just email/call him.


Agency Contact:
Kevin Bazaire
Management and Program Analyst
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW.,
Washington, DC 20529
Phone:202 272-8107
Email: kevin.bazaire@dhs.gov
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Posted by karthiksubbu (10970) 14 Sep 2011#9
to LPRTracker:

Thanks! You are right, better to reach out to the original source :)
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Posted by LPRTracker (105) 14 Sep 2011#10
to karthiksubbu:

Good.
Please let us know how it went.
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Posted by karthiksubbu (10970) 14 Sep 2011#11
to LPRTracker:

I have sent an email to the contact listed on that article. I will post any updates I receive on this forum.
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Posted by ashdam (170) 14 Sep 2011#12
it will be really good if this gets approved !
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Posted by spchandra (433) 16 Sep 2011#13
to karthiksubbu:

Thank you for sharing this information.

Most people dont understand what the intent of the original post is but instead just start pouring in their 2 cents about something else.

Yes I too have heard about it and I cant wait to see if its implemented.

However, while reading the eligibility I was wondering who this applies to.
It says "who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S" but you or someone also mentioned that it applies to those who invoked the AC21.

I have currently an approved I140 , pd is 2008 and have applied for extending my stay beyond the six year.
I wanted to know if my spouse, who is on H4, would be eligible for an EAD, if this law comes into effect, that is.

Again, thank you for sharing this information and do update post once you hear from the contact.
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Posted by karthiksubbu (10970) 16 Sep 2011#14
to spchandra:

Thanks! You are the first person to really appreciate the intent of this thread.

In my opinion, the fact that you extend your stay based on your I140 itself is under the purview of AC21, isn't it? I thought the extension is done citing AC21. If this is true, then Yes your wife should be able to get an EAD provided whatever is mentioned in the article materializes.

But, again, I might be wrong. Perhaps you can clarify this from someone who knows the subject well. Let me know if you find an answer.
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Posted by madhabdebbarma (29) 26 Sep 2011#15
to karthiksubbu:

I called the office of "Information and Regulatory Affairs, Executive Office of the President" as given in the link "http://www.reginfo.gov/public/do/eAgendaViewRul...". The gentleman on the phone told me that this is only proposal right now to give Work Authorization to H4 visa holders, whose spouses have I-140 approved and spent more than 6 years in this country. Until the proposal is approved, nothing is going to happen. If approved, this new rule will be implemented starting Mar, 2012.

Thats what he told me on phone. So, keep hoping for this to happen soon.

Thanks
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Posted by karthiksubbu (10970) 26 Sep 2011#16
to madhabdebbarma:

hi madhab,
Thanks for posting this info. This is good news, indeed. Did he give you any approximate timeline for approval? Given that the implementation would be in Mar 2012, the approval could happen sometime before that? Let's pray it happens!
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Posted by ilagnor (20) 29 Sep 2011#17
07/07/2011: Interesting USCIS Idea Looming up on the Horizon to Make a Rule to Allow EAD to H-4 Spouses of H-1B Professionals
"Working Under AC 21 Sections 104(c) or 106(a)"
-----------------------------------------------

What the law says under Section 104(c)
--------------------------------------
Section 104(c) is entitled “One Time Protection Under Per Country Ceiling”. Section 104(c) permits extensions of non-immigrant status to
“any alien” who is (1) the beneficiary of an I-140 Employment Based (EB) petition filed on his/her behalf seeking classification under EB-1,
EB-2 or EB-3, and (2) eligible to be granted “that status” but for the application of the per country quota limitations. Our interpretation of this
provision is that extensions of non-immigrant status may be granted by USCIS if a person is prevented from filing for adjustment of status or
an application for adjustment of status remains pending because the priority date on the beneficiary’s immigrant visa quota list has not been
reached. In other words, if an I-140 immigration petition has been approved for you, but your priority date is not current at the time of filing
the H-1B extension, such extensions of your H-1B status may be filed on your behalf in three-year increments until your application for
adjustment of status has been filed and/or a final adjudication of it has been reached.

What the law says under Section 106(a)
--------------------------------------
This section is entitled “Special Provisions in Cases of Lengthy Adjudications”. This section permits extensions of H-1B status beyond the
sixth year, provided 365 days or more have elapsed since either the filing of the labor certification, if required, or the I-140 immigrant visa
petition. Subsection (b) permits extensions in increments of one (1) year until a final decision is reached on the alien’s application for lawful
permanent residence (i.e., Form I-485).
-----------------------------------------------------------------------------------------------
So this gonna applicable for people with 6+ year on H1B ,if it approves
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Posted by karthiksubbu (10970) 29 Sep 2011#18
to ilagnor:

Unfortunately, yes you are right. Although, I wish this applies to anybody on H4 considering the fact that L2 people are eligible to apply for EAD right away. At least this opens up some hope for folks like me who have been here with our dependents for more than 6 years.
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Posted by karthiksubbu (10970) 05 Oct 2011#19
to karthiksubbu:

Anybody hear any updates on this...?
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Posted by goigs2y (28) 06 Oct 2011#20
to karthiksubbu:

Thanks for sharing this information. My wife will also get benefited if this rule is implemented. Should we collect more people to support this rule by signing a petition to white house?

Recently I signed a petition for a different rule. Check this out!

https://wwws.whitehouse.gov/petitions/!/petition...
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Posted by karthiksubbu (10970) 06 Oct 2011#21
to goigs2y:

I have already signed a similar petition created by a Damayanthi Sabapathy. AFAIK, she is quite actively involved in voicing this concern. This petition you are referring to is about something else. Anyway, I started this thread to garner support of all who will benefit from this case. Hoping more would join.
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Posted by karthiksubbu (10970) 07 Oct 2011#22
to karthiksubbu:

Posting to keep the tread alive and also to show up on the home page!
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Posted by karthiksubbu (10970) 10 Oct 2011#23
to karthiksubbu:

Posting to keep the thread alive and also to show up on the home page!
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Posted by psperm (472) 11 Oct 2011#24
to karthiksubbu:


As you mentioned, please keep this thread live....

I am also looking eagerly...
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Posted by Sam2Green (113) 11 Oct 2011#25
to psperm:

why H4 can not work?
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