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H4 Regulation

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

  1. harshalrach@gmail.com

    harshalrach@gmail.com Junior Member

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    Ron,

    Is this your understanding too for folks who are working on getting a PERM/I-140 with a new employer? Page 30 does state that clearly as per the share from "yubeie" (thanks yubeie), but just wanted you to confirm if possible. Thanks in advance...
     
  2. dhakkan

    dhakkan Senior Member

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    140 on EAD not happening IMHO.. Vote bank politics, politicians in some countries use money and alcohol to do it ;) while in others they show the plastic immigration lollipop - you can see it but can't chew it.

    I repeat, Lag gayi.
     
  3. trademark

    trademark New Member

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    yeah, rule does not seem to apply to those who moved to new employer and old employer withdraws I-140. Once moved, the new employer should apply Labor and should get approved I140 to avail H4 EAD. Not even labor approval from new employer seem to be sufficient. While the rule gives hope that you will get H4 EAD some day in future, but has lots of holes...and does not provide employment portability condition.
     
  4. spil

    spil New Member

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    Hi Ron,

    On page 30, USCIS mentions that they have declined to provide H4 EAD to minors and also has said that H4 EAD for ageing out dependents is out of scope of this rule. They have provided justification to which we cannot really argue. Seems like the best hope for ageing out dependents is statute reinterpretation or visa recapture. Do you see another way?
     
  5. asdk

    asdk New Member

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    140 EAD and H4 EAD are different issues and rules. Just because H4 EAD has been approved doesnt mean 140 EAD wont take place. They announced potential 140 EAD during the EO AFTER H4 rule was announced in July, 2014.
     
  6. asdk

    asdk New Member

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    This is not true. It clearly says employee having 140 approval OR having stayed longer than 6 years on H1b. So, even if you have moved to a different employer if you have stayed longer than 6 years on H1, your spose wtih H4 can avail EAD under this rule

    ----Based on my understanding only
     
  7. dhakkan

    dhakkan Senior Member

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    Thanks for mentioning this is per your understanding :). Per the posts above & using the link that our friend yubeie shared, an excerpt from page 30 states the below. It is clearer than the word clear itself.

    My friend this is a country of deals - remember all deals come with a disclaimer with an *. For EAD one such disclaimer is here.

    And I repeat again, Lag gayi.

    "(3) Pending Form I-140 immigrant petitions with new employer Fewer than a dozen commenters requested that DHS extend employment authorization to H-4 dependent spouses in cases where the H-1B nonimmigrants have transferred their employment to a new employer and are in the process of obtaining approval of a new Form I-140 petition. As noted above, however, authorizing employment based solely on the filing (rather than the approval) of a PERM application or Form I-140 petition is likely to encourage frivolous filings to allow the H-4 dependent spouse to obtain employment authorization while the filings remain pending. DHS thus is not extending this rule on the basis of pending PERM applications or Form I-140 petitions. By requiring that a Form I-140 petition first be approved, DHS will further disincentivize frivolous filings and better serve the goal of extending the immigration benefit of this rule to only those spouses of H-1B nonimmigrants who are genuinely on the path to lawful permanent residence"
     
  8. asdk

    asdk New Member

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    True, if you have FILED for PERM/140 under new or current employer then your H4 dependent might not clarify, BUT, if you have been GRANTED h1b extension under AC21 your H4 dependant can avail this rule. again, my understanding...not a fan of reading lenghty docs - lol
     
  9. asdk

    asdk New Member

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    So to add more details: if you have 140 approved from your old epaloyer and you moved to a new employer( and have over 6 year H1b extension - GRANTED is the key word), then i believe your H4 dependent will calrify. You might just be doing your new PERM/140 but since you have been granted h1b extension you can use this rule...

    __my understading again

    ANd, yes where is Ron?????
     
  10. dhakkan

    dhakkan Senior Member

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    Lol, yeah. They should have simplified the rule - If you are on H1, beyond 6 years stay in US, your dependants have endured enough & they can file for EAD.
     
  11. Satish.txt

    Satish.txt Member

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    Where is Ron?

    Please clear doubt of Page 30?
     
  12. dhakkan

    dhakkan Senior Member

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    You are getting impatient. Give him sometime to recover from the shocking EAD rule :)
     
  13. adiboss007

    adiboss007 Junior Member

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  14. adiboss007

    adiboss007 Junior Member

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    Folks, read this: http://www.murthy.com/2015/02/24/the-h-4-right-to-work-at-long-last/

    "To qualify, your H1B spouse must either (a) have an approved I-140, or (b) have extended H1B status beyond six years based on a PERM labor certification or I-140 pending for at least 365 days. Note that if the I-140 was approved but then withdrawn by the employer, the H-4 spouse may still qualify if the H1B worker has been approved for an extension of status beyond six years."

    I think that further clarifies a lot of questions about the H4 rule.

    -A
     
  15. tiredguy

    tiredguy New Member

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    I think mine is the same question. Currently I am on H1 with an approved I-140(already exhausted the primary 6 years). My current H1 extension is valid till Q4 2017. So my wife's H4 is also valid till then. So let us say, come May 26th she applies for H4 EAD and assume it takes 2 months to get approved, then I have the following questions
    1) Does the EAD end date equal the end date of the H1B holder's I-797 end date (Q4 2017 in this case) or is it just issued for a year?
    2) In the event that I switch jobs to a new employer (based on my current I-140)after my spouse's H4 EAD gets approved, then my current employer would withdraw their I-140. In such an event does my spouse's H4 EAD get automatically revoked immediately? Or is that revalidated only at the point when the H4 EAD is due up for renewal?
     
  16. dhakkan

    dhakkan Senior Member

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    Sir Ron, I think we need an FAQ for H4 regulation. Most of these queries should be resolved via that.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    At the OMB meeting, we had asked USCIS to give us a teleconference to clarify any queries we may have. They have granted us that request and the teleconference is tomorrow. Please attend and I am sure most or all of our queries will be answered tomorrow:

    Dear Stakeholder,

    U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Thursday, February 26 from 1:00 – 2:00 p.m. (Eastern) regarding a DHS regulatory update. The regulatory change, effective May 26, 2015, will extend eligibility for work authorization to H-4 spouses of certain H-1B workers who have already started the process of seeking employment-based lawful permanent resident status. Eligible individuals include H-4 dependent spouses of principal H-1B workers who:
    • Have an approved Form I-140, Immigrant Petition for Alien Worker; or
    • Have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
    During this teleconference, USCIS will present this regulatory update and answer stakeholder questions.

    To join the session by phone
    On the day of the session, please use the information below to join the teleconference. We recommend that you call in 10 to 15 minutes before the start time.

    Toll-free call-in number: 888-469-2153
    Passcode: H4
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My interpretation is that as long as the H1B and H4 remain in lawful status, the H4 EAD remains valid - just as an H4 I-94 does when an H1B changes employer.
     
  19. cskpudi

    cskpudi New Member

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    Ron,
    What are the chances that previous employers might revoke I-140. My previous company never revoked any I-140, can they do now ? If they revoke I-140 will there be any issue for their future PERMS ?
     
  20. pkh4

    pkh4 New Member

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    Hello Kamakazee,

    Thank you for advocating the H4 EAD cause and congratulations on the success!!

    Now that the rule takes effect in May, may I bug you with few more queries..

    1. Would it be wise to travel mid-May, apply for the EAD and step out of US early June? (In my case, need to shut shop in the home country and wind up before relocating)
    2. Does the H4 EAD require biometrics capture at USCIS? If yes, is it possible to reschedule the biometric appointment in case I am outside the country?

    Thanks again for your inputs.
     

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