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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 (10917) 11 Oct 2011#26
to Sam2Green:

because that's the law and that's what we are all trying to question..why shouldn't they?
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Posted by dokkenks (1) 12 Oct 2011#27
hi, i am an H4 visa holder as well.... i'm glad that i have come across this thread learn that i'am not the only one hoping that H4 visa holders would be granted EAD's. i will be following this thread and research as well so that i could contribute other information.
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Posted by karthiksubbu (10917) 12 Oct 2011#28
to dokkenks:

Thanks dokkenks. Please do contribute whatever you can in terms of information related to this topic.
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Posted by karthiksubbu (10917) 13 Oct 2011#29
If this gets passed, then the primary applicants like us have possibility of getting GREENED soon. This automatically means that our dependents who are on H4 will also be GREENED.

Please do support this:

http://immigrationvoice.org/forum/forum85-actio...
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Posted by callet (2) 17 Oct 2011#30
Hi

I'm a H4 visa... I get this type of visa 2 week ago. In the interview the consul told me, "Now you can work, just need to get an Employment Authorization (I 765 form) and then applied for a job," so, I'm looking in internet but I didn´t find anything, I mean, all say "H4 can´t work".

Anybody has a news of this?
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Posted by karthiksubbu (10917) 18 Oct 2011#31
to callet:

Hi,
As far as I know, there is a legislation that USCIS is considering where they are planning to give EAD to H4 Visa holders whose primary applicant (H1) has extended their Visa stay beyond 6 yrs (since they are in the green card process). This has not happened yet.

Can you share more details on your case? When did you go for interview? Do you even have a social security number. Without SSN, you cannot apply for EAD.

Thanks
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Posted by karthiksubbu (10917) 18 Oct 2011#32
to callet:

Sorry, I take my last statement back. You can apply and get EAD first, then you can apply for SSN.

But can you explain your story in detail? Did the consul refer to any new rule that allows H4 holders to apply for EAD? Please reply as I'm eager to get it done for my spouse who is on H4.

Thanks,
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Posted by someonegc (150) 18 Oct 2011#33

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


to madhabdebbarma:



to karthiksubbu/madhabdebbarma,

I have been in US on H1 from 1999 thru 2004 and again Jan 2008 till date, Would my wife will be eligible to get EAD. My I-140 has been approved. Would appreciate your views.

Also I see lot of rude posts on this forum, Is there anyway to report these JUNK posts to admin.

After all, We are all immigrants looking for better prospects.
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Posted by karthiksubbu (10917) 18 Oct 2011#34
to someonegc:

Hi someonegc,
I'm also on the same boat. Based on the "proposed" rule, it is true. But the thing is we don't know if adn when it would become a reality. I know the date mentioned is Mar 2012 which would be the date it will get implemented provided the proposal gets approved. Not sure how the approval process works.

I do report rude posts, but not sure if the admin acts promptly and removes those. None of the posts I flagged have been removed so far. So I just ignore such posts and try to keep the focus on the subject matter.

madhabdebsharma,
Did you have any luck after your initial call?
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Posted by pdfeb11 (2228) 18 Oct 2011#35

I have been in US on H1 from 1999 thru 2004 and again Jan 2008 till date, Would my wife will be eligible to get EAD. My I-140 has been approved. Would appreciate your views.

Also I see lot of rude posts on this forum, Is there anyway to report these JUNK posts to admin.



to someonegc:



Under current rules, your wife is not eligible for EAD. She will be eligible once her 485 has been filed.

There is a "Report this" link in each post if you want to report it to the admin.
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Posted by karthiksubbu (10917) 18 Oct 2011#36
to pdfeb11:

Hi pdfeb11,
Thanks for your reply. But please please go thru the entire thread before making any comment.

"Under current rules, your wife is not eligible for EAD. She will be eligible once her 485 has been filed." - This is a known fact and the previous person's question is pertaining to this new "proposal" about giving EAD to H4 holders whos primary applicant has extended their H4 stay having got their I140 approved etc.

Please do post any "useful" info pertaining to this rule specifically, like what madahbdebsharma had done earlier.
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Posted by callet (2) 19 Oct 2011#37
to karthiksubbu.

Thanks for answer. I knew the same about the approval.

My husband had TN Visa and I had TD Visa as a dependent. On October 4th we had an appointment at the consulate to change to H1B visa "6 years" (my husband) and H4 for me. In the process the Consul told me: "Now you can work, you only need to apply for a permit and then apply for a job." And he so our face and he repeated, with this visa you can work.

I was really happy but I can not find any information about that.

Thanks
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Posted by karthiksubbu (10917) 20 Oct 2011#38
to callet:

Your case seems to be different since you converted from TD to H4. I wish I could be of more help, but I have no clue.

Let's wait to hear from some experts.
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Posted by indianabacklog (1007)   20 Oct 2011#39

to karthiksubbu.

Thanks for answer. I knew the same about the approval.

My husband had TN Visa and I had TD Visa as a dependent. On October 4th we had an appointment at the consulate to change to H1B visa "6 years" (my husband) and H4 for me. In the process the Consul told me: "Now you can work, you only need to apply for a permit and then apply for a job." And he so our face and he repeated, with this visa you can work.

I was really happy but I can not find any information about that.

Thanks

to callet:



If your husband is now on an H1 it is probable this is for an initial period of three years, renewable for an additional three years. If you are now on an H4 visa you are not eligible to seek paid employment or even volunteer for work that is not officially a volunteer position. Sorry. If you do find out otherwise then please enlighten people in this forum.
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Posted by pdfeb11 (2228) 20 Oct 2011#40
to callet:

The consulate officer was not properly informed or didn't understand immigration laws. He probably got mixed up with some other visa like L visa. (There is a reason why you can't find any forms or info about H4 work authorization--it doesn't exist).
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Posted by karthiksubbu (10917) 20 Oct 2011#41
to pdfeb11:

Quite possible, they are bunch of morons anyway.

Info about H4 work authorization is on the cards. That's the reason why I started this thread in the hope of gathering information and discussions. I hope this one gets enacted, so that qualified H4 people can start contributing to themselves, their families and for this country.
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Posted by madhabdebbarma (29) 08 Nov 2011#42
to karthiksubbu:

I will be calling the DHS guy again on the status of this proposal. Hold your breath, guys. EAD for H4 will be becoming reality very soon. All these pessimistic folks, just hang on there and have some patience on this proposal.
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Posted by psperm (468) 09 Nov 2011#43
to madhabdebbarma:


Thanks so much for your effort, please post the info. once you call DHS guys...

Keep this thread alive to keep us in optimistic mode...

Hope for the best in comming months.

Thanks
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Posted by visamaster (400) 11 Nov 2011#44
to madhabdebbarma:

Please update, if you have any news. Thanks.
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Posted by 1atera (150) 12 Nov 2011#45
I am on h1 and my wife on H 4. We are waiting for 485 filing in dec and expecting an ead sometime in jan/ feb. if my wife applies for ssn on the ead, will she be out of the h4 status automatically?
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Posted by karthiksubbu (10917) 15 Nov 2011#46
to 1atera:

H4 visa holders typically are not eligible for SSN. So when you apply for SSN it is actually against the EAD, hence she will switch to EAD. H4 would not be valid. But the thing is she can always come back to H4 if you are still maintaining your H1 status until I485 approval.
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Posted by karthiksubbu (10917) 15 Nov 2011#47
to madhabdebbarma:

hi madhab,
any update you got from DHS??
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Posted by karthiksubbu (10917) 16 Nov 2011#48
to karthiksubbu:

hi madhab
please post if you receive any updates..
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Posted by Bobbos (2) 27 Nov 2011#49
I'm following this closely too. I didn't realize it had progressed this far - last I saw was a "leaked" memo or something last year. Hopefully we'll hear something about it soon, maybe via the related petitions on whitehouse.gov ("We The People" site).

This would be a game-changer for my wife and I... Stories of H4 hardships are real, and the pain is real and happening now for many families. Any glimmer of hope is worth holding on to :)
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Posted by waitnhope (41) 28 Nov 2011#50
to Sam2Green:

Hi All,
Just wanted to clarify (based on what I know) why H4 visa holders cannot work, while L2 Visa holders can.

H1B Visa applicants get into that category by choice, I mean looking for work in USA or F1 to H1B. There is no forcing for work against one's wishes.

L1 on the other hand is given to someone who is already working in a company outside USA and the company has presence in USA or has clients. When the company needs to send someone it opts for L1 visa since they are sending them on business (typically for a length beyond what a business visa can offer). Dependents on L2 are allowed to work because the applicant is sent here based on circumstances beyond their control and to make sure that the dependent's ability to work is not affected.

H1 on the other hand is a chosen path and the applicant is well aware in advance that the spouse cannot work and proceeds with the processing. The L1 applicant when taking a job in India is not aware (or even interested) in working in US. But due to the things beyond control the law benefits the applicant by allowing their spouse to work under L2.

Hope this clarifies the question. While this is just a clarification I am with you on the subject of allowing H4 visa holders to be eligible for employment.
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