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H4 Regulation

Discussion in 'H4 employment authorization' started by dreamwalker, Nov 21, 2014.

  1. dreamwalker

    dreamwalker Member

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  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That simply shows that the notice of proposed rulemaking was published and that they hoped to make the rule final in December. Nothing final has been published yet.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    We are hearing now that this rule will be published in December or early January.
     
  4. Kamakazee

    Kamakazee Super Moderator

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    Ron, if the date given is 12/14, why should it be published in Jan? Shouldn't it be published in Dec with an effective date in Feb? What is the hold up now? Snow coming to DC?
     
  5. groot

    groot Member

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    Lol...that is possible with USCIS you never know....Ideally for all the sweet time they have taken for this it should be published Dec 1 with Jan eff date that way we legals get at least one relief after so many years and before the EAD queue gets clogged by next wave of new DACA applicants
     
  6. djayash

    djayash Guru

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    Ron,

    Is this just for H4 EAD or I-140 EADs as well?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just H4s right now.
     
  8. spil

    spil New Member

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    Will that be for the restricted set of H4s or for all H4s including children?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    What they proposed was H4 spouses of H1Bs who were beyond six years.
     
  10. Kamakazee

    Kamakazee Super Moderator

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    H4 spouses whose primary H1B applicant has ben waiting for more than 6 years or has an approved I-140 gets EAD. Seems like an absolute no-brainer, but USCIS took 3 years since they proposed it because of course, when it comes to the legals, you have to follow the regulatory process with the rulemaking, comments period etc. right. Meanwhile DACA people get EAD and also renew their EADs, legal H4s still waiting.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    Still no provisions for H4 children. So, basically the government tells you - if you are brought into this country illegally as a child and you are living in this country illegally, it is not your fault - so we will give you EAD. If you come to this country legally as a child and are living in this country legally, tough luck, you do not get EAD and if you age out, you have to transfer to another visa, or will have to leave the country.

    Wonder how the H4 children feel right now.
     
    spil likes this.
  12. Jonty Rhodes

    Jonty Rhodes Active Member

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    Ron, does this mean no H4 EAD's for the one with approved 140 and within 6 years of H1B?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's the way it was originally proposed. We have to wait and see what they decided after reading the public comments.
     
  14. Kamakazee

    Kamakazee Super Moderator

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    The proposed rule when it was released for comments says that for the H4s to be eligible for EAD, the primary applicant has to be beyond 6 years on H1B OR have an approved I-140. It does not matter when the primary applicant gets his approved I-140. It can be anytime.

    2. Proposed Process To Extend Employment Authorization to Certain H-4 Dependent Spouses
    With this rule, DHS is proposing to extend eligibility for employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment. This population will include H-4 dependent spouses of H-1B nonimmigrants if the H-1B nonimmigrants are either the beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) or have been granted an extension of their authorized period of admission in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), amended by the 21st Century Department of Justice Appropriations Authorization Act (herein collectively referred to as “AC21”)

    Check out Point 2 in the Executive Summary:

    http://www.regulations.gov/#!documentDetail;D=USCIS-2010-0017-0001
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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  16. agoodman001

    agoodman001 Junior Member

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    Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:
    • Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
    • Have been granted an extension of their authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act. AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
     
  17. spil

    spil New Member

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    I agree with you. My daughter ages out in a couple of years and I have been awake several nights trying to figure out the situation then. The EO brought a ray of hope and hopefully it will become a reality next year.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think there is considerable cause for optimism. I believe that they will reinterpret the quota statute some time after March 20th and we will see considerable forward movement.
     
  19. Senram

    Senram Member

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    Even your daughter ages out I think there is a way around by using CSPA. You can dig into it and see whether you can use it
     
  20. DonDraper

    DonDraper Guru

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    Does this mean, non working spouses get EAD before the spouse who has an approved i-140. This seem like reverse of how it should be. Shouldnt the i-140 beneficiary get EAD before their non working spouses.
     

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