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EAD for H4 Visa Holders

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Posted by maverick41 (590) 28 Dec 2016#26751
Executive Orders (e.g. DACA) can be reversed but finalized rules (rule making process) like the H4 EAD are a different ball game. Any rule that has been finalized requires an entirely new process to revoke it or change it. It can stretch for years and has to go through a public comment period and potential lawsuits too. The prospects of "Midnight rules and regulations" (lIke the I140 EAD and some EPA rules) that were finalized in the last month's before the new administration takes office is not good. Here the president under the Congressional Review Act can reverse them. I don't think the Trump administration is looking at the I140 EAD rule specifically but the rule may end up us collateral because of EPA rules that were finalized in the same time frame.
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Posted by maverick41 (590) 28 Dec 2016#26752
Rules that could be considered for the Congressional Review Act (CRA)

https://www.insidehighered.com/sites/default/ser...

Great piece in Vox about the difficulty in overturning rules. Not immigration related but still relevant in terms of the process
http://www.vox.com/energy-and-environment/2016/...
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Posted by Randomme15 (1) 29 Dec 2016#26753
http://www.fairus.org/DocServer/research-pub/FA...

Check Page 15 and this is what written there -

DHS must revoke work authorization for H-1B spouses. The INA expressly denies work
authorization to H-1B spouses and the Obama administration’s decision to ignore the
relevant statutes is blatantly illegal.
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Posted by maverick41 (590) 29 Dec 2016#26754
to Randomme15:

FAIR is an advocacy organization just like IV. They can advocate for what they want. There was enough time during the rule making process to block H4 EAD and nothing happened. Now if the Trump admin wants to revoke the rule I have explained the process in my previous post. It's not easy like reversing the executive order. With so much bigger fish to fry I don't think the trump administration would want to waste political capital going after H4EAD.
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Posted by satish78 (813) 29 Dec 2016#26755
to maverick41:

100% agreed...

This is not cat and mouse game like one president create rule and second destroy as soon as in. there are some rules and law for that too. if DT doesn't like something doesn't means overnight he can remove rule. He definitely revoke and there is a written law and process for that how to revert rules. and reversing process take its sweet time.
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Posted by mowglii (50) 30 Dec 2016#26756
Hello,

My wife is currently doing her Masters at a university and has completed almost half of her coursework. We are awaiting decision on my PERM and might have a decision very soon. We are contemplating on whether my wife should stay on H4 and go for EAD and graduate, or should we make a transition from H4 to F1 before graduating. Kindly provide your suggestions if you have been in a similar situation before. Especially with the current turn of events in US Politics and this anti-immigration agenda gaining more traction, what is a safer option for us ?

Thanks
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Posted by maverick41 (590) 30 Dec 2016#26757
to mowglii:

Switching to an F1 is not going to be a game changer since both the F1 OPT and H4 EAD are being targeted (according to reports?). At least the H4 EAD is not that restrictive and international travel on an H4 is easier. We may also see a drop in H1 bulk applications from big consulting companies for the next few years because of tighter restrictions. This could be a good thing for some people. If the administration decides to revoke the H4EAD that is going to take time and they have to go through something similar to a rulemaking process and the administration could face lawsuits too. Hopefully by then your spouse can get her H1B. Good luck!
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Posted by GreenCard333 (45) 30 Dec 2016#26758
to priraj:

Thanks for the response. I applied on my own and got 'USCIS Acceptance Confirmation' and below mail.
**************
Your case has been accepted and routed to the USCIS California Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number WACXXXXXX. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.

May i know what are the next steps?

Is it ok to start job with WAC...... as she has offer ready? Or she need to wait till to get EAD card?
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Posted by goldengc (942) 30 Dec 2016#26759
to GreenCard333:

May i know what are the next steps?

Is it ok to start job with WAC...... as she has offer ready? Or she need to wait till to get EAD card?
____________________________________________________________________________________________________
She will need to wait to get the EAD Card. That is the basic document that the employer will need to have on record before employing her. Also after getting the EAD Card you will need to apply for her SSN, which will be required to process her payroll.
She can start work with EAD but without SSN, only thing is payroll will be processed only after getting SSN. You will also need to write to IRS to cancel her ITIN if she has one & replace it with the SSN
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Posted by n4nihar (35) 04 Jan 2017#26760
I applied for H4 EAD for my wife and got the H4 EAD;
Sent to USCIS Vermont: 12th Nov, 2016
Received by USCIS Vermont: 16th Nov, 2016
Application approved on: 20th Dec, 2016
Received H4 EAD on: 27th Dec, 2016
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Posted by cyberankur (13) 04 Jan 2017#26761
Hello Everyone,

I have a question regarding EAD application form I-765.

What are we H4 dependents supposed to write for Question # 14 and 15.

Q14. Manner of last entry into the US
Q15. Current Immigration Status

I suppose H-4, however although whats the exact description for H-4, for e.g. H1-B Temporary Worker.

Regards,
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Posted by newdude7 (29) 25 Jan 2017#26762
Any december cases (first time applicant) approved ? Trying to find out current expected wait times.
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Posted by casper28 (20) 25 Jan 2017#26763
Hello All,

What is filing fees for H4 EAD . is that 380 or 410 Dollars please suggest
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Posted by nimbumirchi (14) 26 Jan 2017#26764
http://www.happyschools.com/leaked-memo-revoke-...


Guys one of my friend forwarded this link. Leaked memo says it will revoke h4 EAD.

Is it true?
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Posted by curidpostn (739) 26 Jan 2017#26765
to nimbumirchi:

Sad, but true
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Posted by arnavmote (6) 26 Jan 2017#26766
to curidpostn:

Looks like you work in Trump govt and alreaday told u...
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Posted by nimmanen (1) 26 Jan 2017#26767
I have I-140 approved and my wife has H4. She recently got H4 EAD and currently working.
Now if I change my H1B Employer.
1) Will her EAD be still active or will be revoked.
2) If my new Employer does not apply for I-140 for some time and my wife's EAD is nearing to Expiration. Can I ask for Renewal using existing I-140 .
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Posted by nimbumirchi (14) 26 Jan 2017#26768
to nimmanen:

No need to panic right now. In the memo they didn't mention about h4 ead. So, as of now trump administration wont touch it.
Unless congress pass this bill that's a second scenario. but it will take many years to do it.

and if you convert to h1b her EAD will be revoked. so she will be on h1b status. also check rule for I140 EAD, if you are planning to move to new employer.
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Posted by ZONEMAN (392) 26 Jan 2017#26769
to nimbumirchi:

Buddy if you don't know you can simply say don't know , why give wrong answers?

1st He didn't ask you anything about whats in the memo about H4 ead and if he should be worried or not

2nd for his actual questions

1. As far as I know if you move to a new employer , spouses H4 EAD would not have any impact

2. This I believe is not possible, you need to have a latest 140 from new employer to do this(I am not 100% sure)

I recommend you to post this question to an immigration lawyer , go to Just answer .com pay 30$ and you'll have a expert answer in 30 mins.
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Posted by nimbumirchi (14) 26 Jan 2017#26770
to ZONEMAN:

Buddy,

I was making him aware of current conditions. however, I replied him same but you put it in a different way.

No issues. Have a good day.
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Posted by rishisoft1 (2) 02 Feb 2017#26771
to Info05:

So far I have noticed, H4 EAD take 1.5 months in renewal or new EAD. My friend, she applied on 12/12 and site got updated with H4 EAD approval on 01/27/2017. So hopefully, in 50 days, you will have EAD in your hand.
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Posted by temusireesha (119) 03 Feb 2017#26772
hi the time has come to join hands again to meet the new administration. please post your emails
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Posted by H4eadpend (3) 03 Feb 2017#26773
Applied for h4 ead on Nov 3rd (Vermont Service Center). I raised first SR on 77th day and another one on 90th day. Today I got an e-mail that they have put my case on hold and they will take decision once they receive the results of the pending Security checks.

Any idea how long it will take to get the results of the security check? Any of you have gone through the same situation?
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Posted by Imay (68) 03 Feb 2017#26774
to H4eadpend:

Is it a new application or renewal ?
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Posted by H4eadpend (3) 03 Feb 2017#26775
to Imay:

It's a new application and a standalone one. I already have h4 visa stamp on my passport which is valid till July 2018.
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