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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 rahul408 (181) 03 Apr 2017#26851
to Mother21:

Honestly, I did lose sleep over "Shocking News in two weeks" comments. So GCLayaAya... yes you were successful. You can be happy now that I confirm that you got me. I lost sleep because my wife is happy working right now after a gap of almost 2 years. She exhausted full 6 years on her H-1B in 2013 and moved to H4. Then she got a new lease of life via H4 EAD in 2015. Now if H4 EAD is revoked then she has no other option. Many people ask "Why cant these H4s apply for their own H1s?" Well my wife cant because she is not eligible for fresh H-1B till she is out of country for one full year. So there are lot of different scenarios than just "market distorting H4s out to take other's jobs"

But yes, law is a law and if H4 EAD is revoked, we will definitely head back to India. It will be difficult to adjust upfront after 12 years but we grew up there and it is our country. So it will be all good and fun. We don't fear going back to India but thought of uprooting your base is not a comfortable one.

GCLaayaAya- But dont sensationalize the issue and inject fear just for the sake of it and dont be vague like "read between the lines" etc.

Hope you understand. As I said I will be the first one to say "You were right and all of us were wrong" if something happens in two weeks.
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Posted by achillestroy (248) 03 Apr 2017#26852
to rahul408:

Apparently, GCLayaAya is now saying this was the shocking news (deferral request by DOJ/DHS). Sorry to say, it wasn't. Nice try correlating the two and trying to say "I said so"

Apart from that, trying to portray self as a professional politican who understands deep politics while belittling others by saying "you can't comprehend bigger agenda", I really don't think GCLayaAya has some credible news. By saying that "it is a bigger agenda and something is being planned by govt", we are just spreading fear (I feel desi folks are highly gullible when it comes to things like this)
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Posted by ZONEMAN (405) 03 Apr 2017#26853
to GCLayaAya:

It baffles me to see how many morons are here who think some other moron really has an insider info ...
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Posted by rahul408 (181) 03 Apr 2017#26854
to ZONEMAN:

Because people usually are nice and they don't expect someone trolling people on critical matters especially on this forum.
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Posted by Ssk75 (35) 04 Apr 2017#26855
Hello H4 EADs,
​People are not understanding one simple situation. Those who are in H1 here and have I 140 , if they loose job they have to leave the country in 60 days. No one is hiring in H1B these days. Also with loss of Job in H1 , H4 EAD is invalid. So HR 392 is only savior at this point. Or else decades of struggle with meaningful to nothing. HR 392 is only savior at this point. Not H4 EAD or H1 extension.


Join SIIA and call your congress
https://t.me/joinchat/AAAAAEHNTfKGWlrnxUhGXg
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Posted by rahul408 (181) 04 Apr 2017#26856
to Ssk75:

I understand your plea. We all should be passionate like you. I will try to be, but HR 3012 in 112th congress has broken most of ours' back. Call me pessimistic but passing of HR 392 in the house means nothing. Next step is senate. This bill has as much probability of passing in senate as me getting a GC next week with PD of March 2013.

Reforms will come but not in the form of HR 392. Even if this bill is passed, it will be referred to some immigration committee to alter it or bundle with other reforms. We will not get per country quota removal on the platter. That will be too easy and easy is something we don't get here.
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Posted by rahul408 (181) 04 Apr 2017#26857
to GCLayaAya:

Oh. Please No :-(

Buddy, actually your statement about bucketing DACA / H4 etc. together was pretty significant. Thanks for that insight but that shocking thing was overdone :-). You know that ;-). Also that thing when you said "read between the lines and you will find the Khazaana (treasure)." Pretty funny.
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Posted by go2green (197) 04 Apr 2017#26858

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.

to achillestroy:



From OH uncle:

04/04/2017: Trump Administration Asked Yesterday Appeals Court to Delay Decision of H-4 EAD Appeal Until 09/27/2017
•Reasons: DHS is actively considering a rule-making process to revise the H-4 EAD rule. Should the Appeals Court accept this motion of the Justice Department, H-4 EADs will temporarily enjoy a room of breathe either until the DHS enact anther rule to revise the current H-4 EAD rule by rule-making process or the Appeals Court's decision after September 27, 2017.
•It thus appears that Trump Administration does not want H-4 EAD repealed either by the court nor Congress, not to mention repeal of the rule by the Administration. It just want to "revise" the current H-4 EAD rule by a rule-making process. Here is the copy of the motion.
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Posted by muthukerala (8) 05 Apr 2017#26859
Hi All,

Need a help. I have to apply H4 EAD Renewal for my spouse. Could you please let me know what documents are required. I see the list present in USCIS site but want to make sure we attach the right documents. Also for the fees can I use the personal check.

Thanks in Advance
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Posted by achillestroy (248) 05 Apr 2017#26860
Guys check this out : it looks somewhat of a good news. Any changes will require same rulemaking and cannot be done by court. My understanding is that making changes in H4 EAD through rulemaking will face a severe backlash by Congress/Senate, which makes it extremely difficult to change H4 EAD. Isn't it?

https://www.facebook.com/ImmigrationVoice/posts/...

As per IV:

H4-EAD UPDATE

Another media story - DHS filing conceding that Regulation will need to be modified via Administrative Procedure and not the court system is a significant achievement.

Please share this post in all social media channels you possibly can to raise awareness of the situation. The more awareness you raise, the harder it becomes politically for the Trump administration to rescind the H4-EAD rule.

Also, please share your H4-EAD story with us at yourstory.immigrationvoice.org. As we keep reminding our members, in the system of Government we live in, the side with the best story eventually wins.

You can read the whole article here: http://www.mcclatchydc.com/news/politics-govern...
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Posted by rahul408 (181) 05 Apr 2017#26861
to achillestroy:

It is interesting to see how the same series of events that happened on April 3rd have been viewed by different people differently. It all depends on what color glasses you wear in life to view this vague abeyance.

Color of my glasses today: Green
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Posted by trackkmygc (933) 05 Apr 2017#26862
to rahul408:

For all we know with certainty is that H4EAD will stay for next 180 days (6 months) until next hearing...whatever happens who wins..who loses later is all speculation :)
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Posted by sen1 (269) 17 Apr 2017#26863
Hi All,

I got my i140 approved recently and looking to apply for EAD for my spouse. I have following two questions, Kindly clarify. Pls pardon me if this is already being answered.


1. The filing fee for Form I-765 is $410 and there is no need for biometric ? Pls confirm
2. My Recent H1b extension got approved in Vermont. I understand i need to send the document to below address (I will be using FEDEX)

For overnight/courier deliveries (non-USPS):

USCIS
Attn: H4
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

Pls confirm?
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Posted by eb3guy1 (43) 17 Apr 2017#26864
to sen1:

1. Correct
2. Correct
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Posted by sen1 (269) 17 Apr 2017#26865
to eb3guy1:

Thanks for the response.

Can someone pls check my checklist for documents and advise?

1. Form-i765
2. Check for $410
3. H4 - Dependent (i539 Approval Notice)
4. i94 Copy
5. H1 - Primary Applicant (i797 Approval Notice)
6. H4 Applicant's first, last, visa pages of Passport
7. Drivier License or equvialent Photo ID
8. Marriage Certificate copy
9. i140 Approval Copy of the H1 applicant
10. 2 Photo (with i94 numbers at the back)
11. Form G-1145, E-Notification of Application/Petition (Should be the pinned as the first document)

I have following queries on the document check list

1. Should i include all H1's (primary applicant's) previous and old i797 ?
2. Should i send Primary applicant's passport copy too?

Are there any Notary signatures required?
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Posted by eb3guy1 (43) 17 Apr 2017#26866
to sen1:

1. No need for previous notices.
2. Its better to send primary applicants passport copy.
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Posted by h1bforlife (18) 17 Apr 2017#26867
Hello everybody - My case status for renewal changed to New Card Ordered on 4/3 and then to Approved on 4/5. Received the approval notice on 4/10 but yet to receive the EAD card. The status is still showing as Approved. Has anyone faced a similar situation?
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Posted by sen1 (269) 17 Apr 2017#26868
to eb3guy1:

Thank you so much.

Is my check list looks good? and i believe no notary signs. Just making sure i don't goof up
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Posted by kanth1927 (1) 01 May 2017#26869
Hi All,

I need your advice on my current scenario:

I have my 140 approved and my wife has recently applied for H4- EAD two months back and she got the EAD card today.

The Country of Birth is printed as Unknown on the card,I went back and checked my I-765 form and seems like i mentioned only the City name, as it was in her Indian passport and not the complete State and Country details.

I spoke with the USCIS customer care and they said that unless I can prove that its a mistake from there end I have to re pay $ 410 for the new I 765 application to get it corrected with all the documents and old EAD card as well.

I have below questions in this scenario:
1) Has anyone faced such scenario? IF yes what was your approach
2) We are going ahead and filing the new application form with $ 410, can she apply for any jobs till she gets a new card
3) If answer to question -1 is yes can she start working on any job if she finds one before the new card is issued.

Appreciate all you help in getting this resolved.

Best Regards,
Chandu
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Posted by quasizeus (19) 05 May 2017#26870
Hi All

Is there a sample completed form for H4 EAD? Also, for # 16 in the form, for H4 EAD, the category should be mentioned as C26, right?
Thanks a lot for your help!
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Posted by bansal06 (3) 09 May 2017#26871
Hi Friends, I have a strange scenario & need your advise asap.

My H1 is valid till July 2017. My H1 Extention(self & dependent) was filed & received by USCIS on 4/20/2017 (under Regular Processing).
I have received receipts notice of H1 & H4 Extention(Form I-797C) from USCIS on 5/8/2017.

Now my spouse H4EAD is valid till July 2017.
Q1. Can I now file for my spouse H4EAD Renewal based on the above receipts notices ?
Q2. Does USCIS still issues a H4EAD receipt notice filled with H1 & H4 Extensions Receipts ?
Q3. Will she be able to work after July 2017 if she gets H4EAD receipts notices from USCIS? If yes, for how long?
Q4. Approximate How long will it take for us to receive her H4EAD renewal approval?

Thanks in advance for your help & appreciate everyone who took time to answer my questions. Please post your suggestion\advise at the earliest.

Thanks & Regards
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Posted by manish8616 (21) 09 May 2017#26872
to bansal06:

Q1. You can file H4EAD now, no H1B receipt required.You can file H4EAD 180 days before expire. It will be only approved after both H1B and H4 approved.
Q2. Yes, they will provide the receipt.
Q3. She cannot work without new EAD. She has to stop working from July 2017.
Q4. it will be approved togather with both H1B and H4 approval.
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Posted by perm9 (37) 20 May 2017#26873
I had applied for H1b extension and H4 extension in March 2017. However, only H1b extension request is approved. My i-140 is approved. In such a scenario, can I apply for my spouse's H4 EAD based on approved H1b extension or do I need H4 extension to be approved?
Also, if I apply right now, will there be any implications on the start date of EAD as H4 extension application is still pending?

Thanks!
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Posted by manish8616 (21) 20 May 2017#26874
to perm9:

You can apply for H4EAD based on I-140. However, it will be approved only after H4B approval.
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Posted by perm9 (37) 20 May 2017#26875
to manish8616:

Thanks for the prompt reply.
Just wanted to confirm that u meant h4 extension right?
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