You maybe aware of  proposed New Rule EAD for H4

Update – USCIS haven’t implemented this rule or made any progress. It’s still listed in their Rule Making Agenda.  (Update Feb 2014)

Actual Rules that is proposed is not yet available. But, proposed rule description explains what to expect with new EAD for H4 visa holders

Extending the availability of employment authorization to H-4 dependent spouses of principal H-1B non-immigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or “stay” in the U.S. under section 104(c) or 106(a).

It is possible that EAD for H4 rule could be published to federal register by and implemented by USCIS end of this year.

But, its not clear on the exact details. Looks like exact text of the rule  it will not be available till EAD for H4 spouses rules is published for public comment.

This is my understanding is that to get  EAD for H4 visa holders, they should meet the following condition

  • I-140 Must be Approved and H1B Extension after 6th year should be approved

Update – Review of this rule will be complete on March 10, 2103.

I know several H4 spouses are looking to file H1B 2014 application this year.







  1. HI,

    My husband is in US frm 2008. Till now he was in F1 and now got converted to H1 B. I just want to know how long will it take for him to get his h1 copy. he got confirmation of h1 on april 2013. please help me out.

    thanking you,


  2. My husband and me came here in Jan 2010 on L1 visa and visa got expired in dEC 2012, but staying here on the basis of i-94 which is valid until 2015. Now his company is starting his GC process. So to keep him legal , they are applying for H1B for april 2013 to avoid the 5 year rule for L1… So will I be able to get the proposed EAD in 2016 …My question is, 1) does the proposed EAD consider the L1+H1B = 6 years ??or ONLY H1B ??

  3. my husband lives in us since 7yrs..
    this is his 4th yr on h1b vissa..
    he did master beftore..
    he applied for gc..
    i came to usa in 2012
    is this rule elgible to us

  4. my spouse is living in us from 7yrs..
    he is having h1b from 4yrs..before that he has done his masters..
    i came on h4 in 2012
    am i elgible to this rule

  5. Hi Raghuram,
    Firstly thank you for sharing information. Their is
    Lot of confusion around this EAD for H4 visa topic.
    Please share more updates here whenever u get them.
    I shall be doing the same.

  6. I’m actually a bit confused. If someone can clarify my questions, that would be excellent! :)

    1) Does this proposal say that all those primary H1B visa holders who have met both the following conditions can get EADs for their H4 spouses:
    a) H1B visa holder has stayed for more than 6 years AND
    b) H1B visa holder has also got his/her I-140 approved

    2) In order to get the EAD for H4, the H1B visa holder just needs I-140 approved?

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