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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 raghumian (149) 28 Mar 2017#26826
to satish78:

Guys.. what is the timelines for all the dates here ?
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Posted by satish78 (815) 28 Mar 2017#26827
to raghumian:

nothing going to happened this year so don't worry
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Posted by raghumian (149) 28 Mar 2017#26828
to GCLayaAya:

Ok, Thanks a lot. You have helped enough in this forum. See you after 100 years
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Posted by priraj (306) 28 Mar 2017#26829
to scott3:

Nope.. H4EAD is issued based on the expiration of H4 Visa and the fulfillment criteria of the H1B applicant. It is an EAD card and not a visa.
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Posted by srinams (13) 29 Mar 2017#26830
to priraj:

Hi,
My attorney told me H4-EAD is based on H1B status & also I-94 (h4) not based on I-539. In other words we have have to pally for H4 extension if the spouse has a valid I-94

1. My wife's H4 status (meaning H4 visa) & EAD is valid till Apr 2018 (this is based on my H1)
2. I moved from one state to another, my employer filed an amendment (only for me) in Jul 2016 and now I have a new I-94 attached to I-797 which is valid till Jul 2019.
3. We are going on vacation next month (out of country). My attorney asked me to request the officer at POE to get the latest I-94 on the passport based on the new I-797 (for me & my wife)
4. This way we don't have to apply I-539 (H4 extension) since she has a valid I-94 till Jul 2019
5. While renewing the EAD we can then send my latest I-797 & her I-94

please let me know if this is different.

Thanks
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Posted by priraj (306) 29 Mar 2017#26831
to srinams:

It is based on H1B and I-94 is there to signify that the person is in the US currently to apply for the EAD. But while the EAD is being processed, you can travel outside and come back without sending an updated I-94 to them.. I don't see why and think people have done this before without issues.. If you are going via attorney, then go with what he says.. I have never applied H4 EAD via an attorney and have self filed.
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Posted by srinams (13) 29 Mar 2017#26832
to priraj:

Hi Priraj,

I did not apply H4-EAD thru attorney, I did it by myself (twice).
I asked my legal department about H4 extension so I can apply for renewal in 2018.

The options that I mentioned in the above message is what my attorney told me.

so long story short, If the spouse has a valid I-94 we don't have to file I-539.

I found this: https://www.avvo.com/legal-answers/does-a-h4-nee...
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Posted by victory777 (12) 29 Mar 2017#26833
to unoerudite:

We are also in the same boat. What did you guys decide finally?
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Posted by priraj (306) 29 Mar 2017#26834
to srinams:

Yes but what has that got to do with the question I was answering scott3. He was asking if he needs to update i-94 again for h4-ead and I was answering that.
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Posted by nohohon (222) 30 Mar 2017#26835


As to what happens next, the DOJ and SaveJobsUSA have both objected with IV's intervention this late in the case. In fact, I feel that IV has worsened the case. The very fact that most of donors of IV are all H1B workers and they are trying to intervene, is evidence enough that H4EAD benefits H1B families and that will be enough to rule against H4EAD.


to GCLayaAya:



You mean the fact that this EAD was for H4s wasn't sufficient for the court to know that it benefited H1B families?

I think the argument is whether it negatively impacts American workers - not whether or not it positively impacts H1B families. The latter needs no argument - a H4 being able to work helps their respective H1B family.

Also, don't use the Bay Area to make an argument - the US extends beyond the Bay Area. It's like looking through a magnifying glass and saying that a tiny ant look really big and scary. It's not representative of reality.
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Posted by trackkmygc (931) 30 Mar 2017#26836
H4 EAD is easy target for SaveJobs and the Trump Administration ...anybody with even little bit if insight and analysis can see that

- There are many more illegals in USA who are working and making money and not paying taxes
- There are many more DACA category immigrants who are also working may be some are paying taxes but most are using the social benefits and facilities
- There are many more family based immigrants who are also working
- There are plenty of GC and EAD folks from rest of the world whose GC is not stuck in the queue for years they are also working

All the above categories are potentially taking away the so called American Jobs

But H4's who have been in this country for at least 6+ years waiting in GC queue for even longer get some reprieve in the form of H4 EAD which is a minuscule number compared to all the above this becomes a huge problem and all of a sudden all american jobs are supposed to be taken away by H4 EAD....What a JOKE
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Posted by achillestroy (248) 30 Mar 2017#26837
Hi Folks,

How do we stay up to date with the case proceedings by SaveJobsUSA against H4 EAD? Is there an authentic forum/news article where the updates are posted?
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Posted by achillestroy (248) 31 Mar 2017#26838

Critical insider information suggests that shocking news will be delivered in the next couple of weeks. Can't post insider information as others on this forum have asked me not to.

Have alternatives ready !!

to GCLayaAya:



Hi GCLayaAya

Can you please provide more information? What kind of shocking news? Will it be more restrictions on H4 EAD like min wage/STEM etc? Or About cancellations of H4 EAD altogether?
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Posted by Dhanal (63) 31 Mar 2017#26839
to GCLayaAya:

Thanks for the heads up, can you please give an hint of the insider information. Do you think it will be repealed right away or do we have some time?
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Posted by achillestroy (248) 31 Mar 2017#26840

Sorry, but cannot share more information as that angers some members here.

Check out some latest media machinery at work. They are trying to give hints about how H4 EADs start businesses. That is going to be the next argument by SaveJobsUSA and that will end up being supported by facts.

Have some other concrete information and you will learn it within the next 2 weeks.

to GCLayaAya:



I think forums are meant for discussion - whether it is in favor or against them, that is not relevant.
Please go ahead and provide more details on what you mentioned.
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Posted by achillestroy (248) 31 Mar 2017#26841
to GCLayaAya:

GCLayaAya,

The information might be helpful for some people, atleast those people who can try to find alternatives in case the worst thing happens. SO, if the information you are providing may be helpful to even handful of people, you should not worry about the people who get irked by your posts.

Everyone can read some information from forums, but it is upto him to apply some logic before assuming that as the truth.

I would urge you to provide more information. If you like, I can give you my e-mail address and we can discuss over there.
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Posted by Dhanal (63) 31 Mar 2017#26842
to GCLayaAya:

Thanks GCLayaAya, but please do provide the insider info ,dont bother abt others who asked you no to provide the info.
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Posted by IMResidency (116) 02 Apr 2017#26843
to GCLayaAya:

EAD being valid up until it's current expiry date should give sufficient time to find alternatives at least for some people. To be honest, being EAD available for L1(A/B)/J folks, I would expect to have this for H1 folks also, but if DHS decide otherwise, giving time to find alternatives is the least they could do. For sure, immigration in any form is going to be difficult in days to come, and I sincerely hope, this administration move forward with Merit based system and remove this grueling backlogs
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Posted by achillestroy (248) 03 Apr 2017#26844
to GCLayaAya:

Hi GCLayaAya

The post from immigrationGirl kinda contradicts with the shocking news that you mentioned might come in first 2 weeks of April.
Did you mean there is something coming apart from this request from DHS?

Let's see how court treats this request.
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Posted by achillestroy (248) 03 Apr 2017#26845
to GCLayaAya:

I understand that DHS is trying to see how they can attack it. and they have asked for a long time. Doesnt fit in the 2 weeks timeline.
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Posted by nohohon (222) 03 Apr 2017#26846

try and read in-between-the-lines. Try and think what you learned about DHS's approach from that article.

to GCLayaAya:



Not a lot to read between the lines here. The facts are plain and simple.

1)Trump administration wants to put "America/Americans first" and ran their campaign in part on the claim that foreigners (legal/illegal) steal American jobs. Whether or not you buy this argument is a moot point.
2) AG Jeff Sessions is known to a person that doesn't favor more immigration (legal/illegal doesn't matter)
3)H4 EAD came from the Obama administration and the Trump administration has shown an inclination to revoke rules made by the previous administration.

All of this combined means that the H4 EAD is in danger. Plain and simple.

What's likely giving the government pause is 2 things:

1) They would likely not want to give up the "right" of the President to grant work authority very easily - not over something as small as H4 EAD. At the same time, they would not want to be seen fighting Save Jobs USA in court considering that the plaintiffs are Americans who lost their jobs to foreign IT workers (from India). Siding with the "foreigners" over Americans will make this administration look really bad (especially after all the campaign promises).

2) H4 EAD is likely to be very very low on the attention list of an administration that's dealing with accusations about inappropriate contact with Russia, failed at health care reform, wants to pass tax reform, wants to build a wall, wants to reform the budget allocations etc. This isn't immigration reform or even legal immigration inform - only a tiny sliver of a large pie.

DHS' really recent filing (from today) in court asking for 180 day extension shows they don't have a strategy just yet and it's not easy to just give up the fight with Save Jobs and have the EADs revoked. The involvement of IV further complicates matters for them because they have to now at least pretend to put up a fight (otherwise, the court might let IV in to the case and that's where things get out of hand).

However, there is no doubt that H4 EAD is on thin ice. If the beneficiaries keep quite, it will be gone.
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Posted by trackkmygc (931) 03 Apr 2017#26847
to GCLayaAya:

Irrespective of what DHS is planning or what TRUMP administration wants.. the outcome can be totally opposite ... the best examples are the two big ticket items that failed so far 1. Repeal of Obama Care (failed as it did not garner support even with republicans)and 2. Banning people from specific countries by an executive order (on hold by various Courts and Judges twice now)
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Posted by rahul408 (181) 03 Apr 2017#26848
to GCLayaAya:

Hey GCLayaAya,

I really got angry at others who didn't allow you to share "inside information". I thought they harassed you. But now I believe you are just trolling people here. Accept that your 2 week timing was incorrect. H4 EAD can still be revoked. I get that but this ain't happening in 2 weeks time through a shocking news.

By the way court hasn't accepted the 180 day abeyance yet so there is still a possibility of shocking news. But if that happens I will apologize to you and acknowledge that your inside source was quite deep. But till then please dont play games like this. If you have real information about two weeks, please share or accept you were wrong. Not everyone will like your post and it shouldnt be that way anyways.
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Posted by achillestroy (248) 03 Apr 2017#26849
to GCLayaAya:

I am kinda losing trust on your "insider information". Without giving any concrete information, you are just referring to "shocking news". With that much vagueness, you can call anything shocking.

Like the above guy said, if you have some real news, please share it. I don't mind if it is optimistic or pessimistic. In these forums, I am here to read all arguments but at the end of the day, I will apply some logic to whatever is discussed here and make sense out of it. Like above guy said, you seem to be trolling more than helping.

PS. I dont mean that you should stop commenting. All I am saying is that share more news than just vague "Read between the lines" and "shockign news coming".
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Posted by Mother21 (7) 03 Apr 2017#26850

Hey GCLayaAya,

I really got angry at others who didn't allow you to share "inside information". I thought they harassed you. But now I believe you are just trolling people here. Accept that your 2 week timing was incorrect. H4 EAD can still be revoked. I get that but this ain't happening in 2 weeks time through a shocking news.

By the way court hasn't accepted the 180 day abeyance yet so there is still a possibility of shocking news. But if that happens I will apologize to you and acknowledge that your inside source was quite deep. But till then please dont play games like this. If you have real information about two weeks, please share or accept you were wrong. Not everyone will like your post and it shouldnt be that way anyways.



to rahul408:

Yes; definitely playing with peoples emotions. No one knows what is going to happen. Working for "ZZZZ"company on GC( but immigration meeting is open for all ) - and they had immigration meeting and said they are closely working with government on this and following up with them .They mentioned this is not happening anytime soon and will find alternatives. Even if it has to happen it should go thro rule making process ( after this 180 days abeyance period ) else it will be banned by the judges from lower court which we have seen for other two cases . So if it has to be changed with a rule making process it will go through a wait period which may be 2 years from now. No need to panic. gCLayaaya- I sincerely hope you understand there are many people here highly qualified but missing in lottery system and found a hope with this. So try avoid being sadistic.Others here - please check with lawyer from Murthy or oh law firm and dont get panciked by some sadists around here. The problem is people tend to believe in negativity hence these kind of sadists exists.
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