EAD for H4 Visa Rule Implemented – Process, Event & Timeline 2012 to 2015

Yay!. EAD for H4 Visa Rule was Approved (published) on Feb 24, 2105. It went into effect on May 26, 2015. But the H4 EAD Lawsuit stayed on. New Rule is proposed in Federal Register to Revoke H4 EAD. You can find the latest H4 EAD Lawsuit and Rule making to remove H4 EAD below.

EAD for H4 Visa rule was proposed to provide work authorization EAD for H4 Visa holders in certain conditions  and they are

  1. Approved I-140 pf H1B Spouse
  2. H1B Visa period is extended beyond 6 years limits via AC 21 Law.

Some key terms to know

  • EAD – Employment Authorization Document or Work Permit
  • H4 Visa Work Permit –  H4 is issued for dependents of H1B visa holders
  • Not all H4 Visa spouses will qualify for work permit. (“certain spouses”).
  • DHS – Department of Homeland Security.
  • USCIS – US Citizenship and Immigration Services

EAD for H4 Updates Tracker

Remember this : EAD for H4 Visa was published as a Rule not a Law.  Which means, if you are new to this whole process of U.S. Laws, you need to read  Rule Making Process for EAD for H4 Visa.

  • Dec 2017 – Rule Proposed in Federal Register to Remove H4 EAD.
  • Sep 29, 2017 – Trump Administration asked for 2 months extension
  • April 2017 – Trump Administration asked for 6 months extension
  • Feb 2017 – Trump Administration asked 60 days extension
  • Sep 28, 2016 – New challenge filed against DC Court Ruling
  • Sep 27, 2016 – Lawsuit was dismissed in the District Court
  • April 2016 – New Lawsuit filed to Challenge the Rule in district court (by Save Jobs USA)
  • My 26, 2015 – UCSIS will accept applications for ED for H-4 Visa
  • Feb 24, 2015 – Effective Date will be May 26, 2015
  • Feb 6, 2015 – USCIS Submitted Final rule for White House OMB approval
  • Nov 22, 2014 – Final Rule set to be published in Dec 2014.
  • Nov 20, 2014 – President Obama  unveils Executive Action
  • August 9, 2014 – When Rule can be published?
  • July 12, 2014 – Public Comment Period is Over. Next USCIS will review comment.
  • May 6, 2014 – DHS announces the criteria for qualified H4 Visa for EAD
  • April 8, 2014 – White House Announced Fact sheet to allow certain H4 visa holders to get EAD. Details below.
  • Feb, 2014 – USCIS haven’t implemented this rule or made any progress. It’s still listed in their Rule Making Agenda.
  • March, 2013 – Review Extended by OMB.
  • Feb, 2012 – This Rule was proposed in Feb of 2012.

This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

Dec 2017 – Rule to Remove H4 EAD

Title: Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
Abstract:On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.  DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule.  DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.

Feb 24, 2015

Feb 6, 2015

ead for h4 rule omb review

Nov 22, 2014

Nov 20, 2014

August 9, 2014

I learned additional information about this rule and what to expect next.

  • Final Rule – Will not be drastically different than proposed.
  • USCIS – Reviews comments and Publish Final Rule.
  • OMB Review – It can take upto 90 more days of review. No minimum Review period.
  • After Final Review – Rule can be published.
  • Effective Date – 30 to 60 Days Delayed Effective Date.
  • It’s August 2014 : Based on Above Math, rule will not be effective until January 2015, if  reviews started by end of August.

July 12, 2014

  • Public Comment Period is Over.
  • USCIS will review the comments
  • Finalize the Draft of Interim Rule.
  • Submit the Rule to OMB for further Review ( 30 to 90 days)
  • Then White House have to Approve the Rule before publishing in Federal Register.
  • So, how long to wait? Few more months.

May 6, 2014

  • Department of Homeland Security announced the criteria “certain” H4 Visa spouses to get EAD.
  • Several  H4 Visa holders will not be eligible to work, about 100,000 in first year of this rule becoming effective.
  • See updates from this USCIS News here –  97,000 qualified spouses in H4 can get EAD.
  • As you can see 97,000 is later increased to 179,000 ( as of Feb 24, 2015 when Rule was published ).

April 2014

Attracting the World’s Best and Brightest: The Department of Homeland Security (DHS) will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skill immigrants who will contribute substantially to the U.S. economy, create jobs, and enhance American innovative competitiveness.  These proposed regulations include rules authorizing employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers. These measures build on continuing DHS efforts to streamline, eliminate inefficiency, and increase the transparency of the existing immigration system, such as by the launch of Entrepreneur Pathways, an online resource center that gives immigrant entrepreneurs an intuitive way to navigate opportunities to start and grow a business in the United States.

Above statement was part of new fact sheet released by White House. Hope this will result in some progress from USCIS on new rule making agenda. We have to wait for exact language from White House or DHS to know who would qualify for “certain” H4 spouse as per April 2014 update.

March 2013

Previous update us listed below – Status update as of March/9/2013 – Rule Review Extended. In order for the this rule to be implemented, there is a process that DHS, they have to complete review via OMB. This work authorization for H4 rule was received by OMB on Dec/10/2012. Typical Time taken for PMB to review the Rule is 90 days. 90 Days have come and gone. OMB has extended the EAD for H4 visa holders rule review.

h4 ead rule extended

I don’t know how long the extended review will last.

Looks like if the Rule is classified as Economically Significant, then this rule could have been reviewed faster.

I know several H4 visa holders are hoping for this new EAD for H4 rules to pass, so they can start working. I personally know several H4 Visa holders who are highly qualified, talented are spending time as home makers.

EAD for H4 Visa : 2012 – 2013

Updated ( 2014) : Following section applies to Rule when it was  introduced back in 2013 and 2013 time frame. New proposed rule is improver version of this section.  This section is still here, so you can learn about original proposal. This is part of initiative to Attract And Retain Highly Skilled Immigrants.

  • Provide work authorization for spouses (H4 Visa) of certain H1B holders.

This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated.

Here is more detailed information on who will be qualified under new proposed H4  work option rule

  • This means that if the H4 Visa souse’s whose principal H1B Visa holder have spent less than 6 years in H1B cannot get EAD.

At  a minimum, a PERM labor certification or I-140 would have to have been filed, and even approved to qualify for the 3 year H1B extension, if less than 365 days had elapsed since submission.

Who qualifies for EAD for H4? For instance,  a person named John, who is working on H1B in USA for 1 year, gets married. Wife Anita, get H4 visa and comes to USA. Anita (H4 spouse) will not be eligible to get EAD under this new rule right away. In order for Anita to get EAD for H4 Visa, she must wait for John to complete 5 more years in H1B for a total of 6 years.

EAD for H4 Visa : 2014

You can read the latest information about this Work Permit for H4 Visa spouse in this article – 97,000 qualified spouses in H4 can get EAD. In short, following H-4 visa holders will qualify

  • H1B visa holder should have approved I-140 application  (and/ or)
  • H1B visa worker got H1B extension beyond 6 years using AC 21.

If you are new to green process, then you can read this article – Green Card Process Steps for  EB2 and EB3 Stay tuned for more updates on this new proposed EAD for H4 visa rules.

We have been waiting for long time for this rule to be implemented right? Questions? Let me know if you have any questions about this Work Permit or about USCIS implementation of this rule.

Related Articles :

212 Comments

  1. madhu on August 22, 2017 at 9:49 AM

    Can I renewal my H4 EAD based on H1B and H4 receipt notice.My spouse H1B and my H4 is pending.Please reply.Thanks

  2. madhu on August 22, 2017 at 9:23 AM

    Hi,
    Can I renewal my H4 EAD based on H1B and H4 receipt notice? My spouse H1B and my H4 is pending.Please reply.Thanks

    • Raghu on September 18, 2017 at 7:06 AM

      As far I know, you should have submitted H4 EAD along with H1B petition. You should wait for H1B and H4 to be approved and then apply for H4 EAD renewal.

  3. Shilpa on July 21, 2017 at 1:36 PM

    Hi Raghu,

    Hope you are doing good.

    I have query regarding H4 dependent work permit. We moved to USA on 15th Jne 2017 and i was on H4 visa and am looking for a job in IT industry. Could you please let me know am i eligible to apply for EAD now? If not , Please help me what can i do for getting a job here. Thanks in Advance !

    Waiting for your reply 🙂

    Regards,
    Shilpa

  4. Puja Dahiya on February 22, 2016 at 3:23 PM

    Please guide anyone out there. Please.

    Below is my situation;

    >We are here in US from past 10+ years. I was on H4 for 4 Years. We have got multiple extensions of H1b, H4 since then.
    > From 2010 I was on H1-B for 5 Years (Due to some personal reason had to leave job). My husband had an approved 140 from old employer but he changed his employer in last quarter of 2013. His new h1b visa valid till Oct 2016.
    > Not sure what happened or what employer did to 140 (Most likely its gone)
    > Right now I am on H4 and my husband Labor certificate is not approved (Audit/RFE), But his labor was filed in March 2015.

    I know that audit will take time, probably another 6 months.

    My husband Labor was filed 365 days before his h1b expiry. but in a few days it will be pending from 365 days?
    His H1b extension will be filed sometime later in April-May of this year 2016. So there is no AC21 or whatever is that 106(a) or (b) right now.

    Am I eligible for H4-EAD? Is there any case like this listed anywhere?

    Any guidance is very much appreciated.
    Though I have my 1 year remaining on H1b; Instead of going on H1b again, I was thinking if H4-Ead is possible for me?

    Please reply.

  5. wilfred on February 16, 2016 at 1:31 PM

    Hello Mr.Raghu
    My wife is in H1B and I’m in H4, we live in Charlotte NC. I ‘ve more than 10 years of experience in the Hospitality industry. Its been already a year for me sitting idle at home as I’m in H4. I couldn’t find someone who can sponsor or process H1B for me as i’m with the hospitatlity background. would you please help me out with your valuable advice to proceed forward over my obstacles.

    • Raghuram Sukumar on February 16, 2016 at 2:01 PM

      I doubt;t you can get H1B in Hospitality field. H1B is speciality occupation and you may have to switch fields.

  6. moulika on January 19, 2016 at 11:02 PM

    Hi Raghu

    My Employer will process H1 in April this year. But I wanted to convert to H4 EAD before that due to some recent immigration changes. if i file for H4 now and get my EAD, the moment H1 is approved my H4 and EAD will they be void or can i continue to work on H4 till October.

    will my h4 EAD valid depends on the kind of H1 processing done(counselor processing or COS)?

    • Raghuram Sukumar on January 21, 2016 at 9:17 AM

      If H1 is approved, then your COS will happen on Oct 1, 2016 ( or when H1 start date mentioned).

  7. Karthikha on June 5, 2015 at 9:38 PM

    Hi,

    I have a question reg the H4 dependents work permit. Am working in a MNC and my company is processing H1B visa for me. My spouse also working in MNC and am asking to process visa for him too in my company( H4 dependent visa). Will he able to get work permit immediately there?

    –My spouse needs to get a new job there.

    • shreekanth on November 2, 2015 at 2:31 AM

      Hi Karthika,

      I also have the similar question that my wife has got the H1B Visa now and I am working in some other company. Am I eligible to get the workpermit immediately there via H4 dependent VISA?

  8. Jay on June 2, 2015 at 10:50 AM

    Hi Raghu,

    I filed for H4 EAD on the 27th May using the old i 765 form which doesnt have question 18 (which asks for H1b i 129 receipt number) , I received my receipt notice yesterday. I had included a copy of my spouse’s H1 – i 797 for Form I-129 and i 797 for i 140 . Should I resend the new application to USCIS? Please advise.

    • Raghuram Sukumar on June 2, 2015 at 10:59 AM

      Sorry, I can’t help with you. Not my area of expertise. Reach out to Murali @Bashyam Spiro. That’s the reason, I launched the Self-Prep H4 EAD Guide and asked folks to file via an Attorney if you DON’T know what you are doing.

      I’m expecting several applicants to report issue’s like this.

      Most likely, USCIS will return your application after couple of months and you have to do it again. Essentially, you lost few months.

  9. vk on May 28, 2015 at 10:56 AM

    Hi,
    I have a doubt regarding my eligibility for applying h4 ead. My husband is in the 7th year extension of h1b and got it his PERM approved. But , his employer did not file i140 yet. My question is, should i wait for his employer to file i140 and then apply? or can i apply based on his PERM approval ? Please guide. Thanks

    • Raghuram Sukumar on May 28, 2015 at 12:24 PM

      You should be able to appl via AC21 if you can provide supporting documents.

      • vk on May 28, 2015 at 2:20 PM

        Thank you so much for your quick reply!! It would be really helpful if you can provide me the list of supporting documents as I am quite confused with this?

        Thnx again.

        I have asked the same question in almost every blog regarding my h4 ead eligibility. But, none answered. At last i found the right one 🙂

        • Raghuram Sukumar on May 28, 2015 at 3:14 PM

          List is provided in the H4 EAD Slef prep guide. Check under courses Tab at the top.

      • vk on May 28, 2015 at 3:25 PM

        It says ‘The page you are looking for cannot be found.”

  10. RKP on May 18, 2015 at 5:43 PM

    My passport was expiring in August 2015. I have already renewed my passport last month.

    I haven’t left the USA after 2013. My I-94 card shows expiration date ‘August 2015’ as per the old passport and My wife’s I-94 card expiration date is ‘August 2016’

    – Do I need to renew my I-94 card?
    – Can I renew it after May 26th?
    – What is the procedure for the I-94 renewal?

    • Raghuram Sukumar on May 18, 2015 at 7:18 PM

      Your legal status is determined by validity of I-94 for H4 or H1B. Your employer’s attorney should be able to help you what to do if I-94 is expiring in August.

      • RKP on June 29, 2015 at 3:34 PM

        Hello Raghu,

        Thanks for your reply on my previous query.

        I have submitted H4 EAD application to the USCIS. My application status shows that ‘ Your name has been updated for form I-765’.

        Is this the normal process followed by the USCIS?

        • Raghuram Sukumar on June 29, 2015 at 3:42 PM

          This is something new and I don’t know what that status means.

          • RKP on June 29, 2015 at 3:50 PM

            It says ” On June 22, 2015, we updated your name for your Form I-765, Application for Employment Authorization”



  11. RamKu on March 11, 2015 at 2:11 PM

    Dear Mr. Raghuram;

    I have a situation:

    I have an accepted I-140 from an employer. I have been offered a new job. My question is, if I take the new job and get my H1b transferred can I still apply for an EAD for my wife? Please help.

    • RamKu on March 11, 2015 at 2:44 PM

      I forgot to mention that my current employer will not revoke my I-140.

    • Raghuram Sukumar on March 11, 2015 at 3:09 PM

      Yes.

      • moulika on November 9, 2015 at 3:40 PM

        Regarding Ramkus situation,I dont think he can apply for EAD for his wife .. Though his i140 is not revoked by his previous employer he has to file new i 140 through his new employer. after receipt of his new i140 then he cn apply EAD for his wife.

        Hi Ramku have you changed your job? did you apply EAD for your wife.

    • moulika on November 9, 2015 at 3:41 PM

      Regarding Ramkus situation,I dont think he can apply for EAD for his wife .. Though his i140 is not revoked by his previous employer he has to file new i 140 through his new employer. after receipt of his new i140 then he cn apply EAD for his wife.

      Hi Ramku have you changed your job? did you apply EAD for your wife.

      • Raghuram Sukumar on November 9, 2015 at 4:14 PM

        FUY: In General: If previous employer haven’t revoked I-140, H4 EAD can be filed.

  12. Ramu on March 10, 2015 at 11:07 PM

    Hi Raghuram,

    I am eligible for the H4 EAD and currently on my OPT .I have a few questions regarding applying for H4-EAD:

    1.Can i apply for H4 and H4-EAD together on May – 26 ? If this is possible , it will save 3 months for a lot of folks.
    2.I am working right now and not in a situation to quit.If i apply for my H4 EAD on May 26 , incase my OPT expires while i am still waiting to hear from USCIS, do i get a Cap-Gap option the way H1B applicants get Cap-gap till October ? Or do i have to stop working and wait for my H4-EAD ?
    3.Incase the spouse runs into trouble during his/her H1B stamping – what happens to the dependent’s H4-EAD -does it get cancelled or is it independent of the H1-B?

    Please Advice.
    Thank You and Regards!

    • Raghuram Sukumar on March 11, 2015 at 7:52 AM

      1. F1 to H4 = 3 months. Then add 3 more months for EAD process ( so, its about 6 months). Hopefully they will make to just 3 months.
      2. There’s no cap-gap for this. You may get 3 months break in your work.
      3. H4 eAD is tied to H1B. If H1b spouse visa is affected ( job loss or stamping), then H4 eAD is also affected.

      • Ramu on March 13, 2015 at 2:15 PM

        Hi Raghuram,

        Thank You so much for the response! This helps me make a lot of decisions.

        Thanks Again,
        Ramu

      • krishnamurthy on March 14, 2015 at 8:34 AM

        HI RAGHU,
        my son is working in sfa for past 11years, hehas applied for gc and is under EAD. he wants to get married a indian girl. after marriaging the girl from india can she get ead visa after h4, after marriage from india sothat she can work inusa or can she apply for h4 visa from india itself immediately after marriage.can you pl send a reply.
        krishnamurthy

        • Raghuram Sukumar on March 14, 2015 at 12:28 PM

          I’m not sure how EAD woek when he’s on EAD based on pending I485. He should consult and attorney.

          • Sunny on May 20, 2015 at 1:47 PM

            Hi Raghu ,

            My H1B validity is till Sept 2015,I have approved I140 ,Do you think I can file H4 EAD..?
            As EAD validity will be based on H1 Visa validity ..Can you please advise .. If its a correct time to file H4EAD as it takes 3 month to process and the validity of EAD is based on H1B

            Please advise

            Thanks !



          • Raghuram Sukumar on May 20, 2015 at 2:51 PM

            Sunny, I asked the same question to Attorney Murali. Once he responds, I will add it to the Self Prep guide for H4 EAD.



          • Sunny on May 28, 2015 at 10:49 AM

            Hi Raghu,

            Do you have any updates for this

            My H1B validity is till Sept 2015,I have approved I140 ,Do you think I can file H4 EAD..?
            As EAD validity will be based on H1 Visa validity ..Can you please advise .. If its a correct time to file H4EAD as it takes 3 month to process and the validity of EAD is based on H1B

            Please advise



          • Raghuram Sukumar on May 28, 2015 at 12:29 PM

            I think you know the answer 😄. Don’t you?



  13. America’s Labor Party | Upon Closer inspection on March 10, 2015 at 12:24 AM

    […]  On the contrary, Obama has repeatedly advocated expansion of foreign tech worker program, and his constitutionally-dubious executive action to give H-1B spouses the right to work — WITHOUT them counting toward quota, mind you — is about to go into […]

  14. sari2015 on March 1, 2015 at 7:13 PM

    Spouse has approved I-140 with 3 years extension ,on 9 years
    i m travelling to india on May 12 coming back in august and the process is starting May 26 , can i come back and then apply ? will i be late if i do that , is there a cap for H4 EAD or i can apply anytime of the year, also do i need to be present at the time of application n process Thanks

  15. KK on February 26, 2015 at 10:11 PM

    Hi,

    My wife currently is on H1, is it possible to file for change of status(from h1 to h4) and EAD application together?

    • Raghuram Sukumar on February 27, 2015 at 4:21 PM

      Yes, you can and I have a better solution. I will discuss about that tomorrow in the webinar – http://goo.gl/KOrZeF

      • Ranj on March 2, 2015 at 6:12 PM

        Hi Raghu,

        Please share a recorded version of the webinar if possible.

        Also, if I am currently on F1 and want to apply for EAD on May 26, should I apply for change of status to H4 right away or wait for something (say the rule is put on hold)?

        Between the time my H4 approval is in process, should I take all mandatory credits / quarter to maintain F1 status? I am asking this since I want to take lower number of credits / quarter on H4. I might even drop the course altogether.

      • durga on March 11, 2015 at 3:41 PM

        what is the better solution for this? I am in the same situation.On H1b and need to apply for H4 EAD.

  16. Mmehta on February 15, 2015 at 8:28 PM

    I have an approved I140 and is in 8th year on my H1B visa. But late last year I changed my job (got a new 3 year extension on H1B) based on an approved I140 from my previous employer. My new employer has not started my green card application yet.

    Is it possible for me to apply my wife’s H4 EAD using my approved I140 (from previous employer) and my valid H1B extension.

    Help appreciated.

    Thanks

    • Aditi on February 16, 2015 at 2:43 PM

      Today’s News: OMB Approved Revised EAD Application Form for H-4

      • Raghuram Sukumar on February 16, 2015 at 5:04 PM

        That happened yesterday or day before. Just one more step.

    • Ryan Locke, Esq. on February 26, 2015 at 1:03 AM

      Even if you have changed jobs, if your approved I-140 is still valid and has not been withdrawn or revoked, and you are currently in H-1B status, your spouse can qualify for H-4 work authorization.
      –Ryan

  17. Sachi on February 15, 2015 at 3:00 PM

    Hi Raghu…
    Since the rule is approved by OMB with changes… When the rule will be effective, What is the next process?

    Please find the link with the updated approval date…

    http://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=1615-0040

    • Ryan Locke, Esq. on February 26, 2015 at 1:04 AM

      Sachi, the government will start accepting applications for H-4 work authorization on May 26, 2015.
      –Ryan

  18. Poonam on February 12, 2015 at 10:43 PM

    hi Raghu ,
    around what time this rule will be effective ?

    thnx

  19. laxmi on February 12, 2015 at 7:14 PM

    I have I-140 approved in EB-3 from employer a.
    I am working for employer b.
    If employer b ports my GC filing from EB-3 to EB-2
    can my husband H4 is valid for this program when my GC (from employer b) is still in process or shall he need to wait till I-140 gets approved from employer b

    • Ryan Locke, Esq. on February 26, 2015 at 1:06 AM

      Laxmi,
      As long as you have a valid I-140 and you are still in H-1B status, even if you no longer work for the company that sponsored your I-140, your husband can qualify for H-4 work authorization. You don’t need to wait for your second I-140 to be approved.
      –Ryan

  20. Vinod on February 10, 2015 at 3:42 PM

    I am on L1B , and My wife currently have EAD.
    Also My 1-140 is approved.

    Since L1B allows Maximum 5 Years, Is this new rule have any changes which will make L1B (with I-140 approved) stay beyond 5 years.

    Regards,
    Vasant

    • Raghuram Sukumar on February 10, 2015 at 3:58 PM

      This is only for H4 not for L1 or L2.

  21. Sandy on February 9, 2015 at 10:24 PM

    Hi Raghu,
    I have labor & i 140 from Employer A ( Priority Date : Nov 2008)
    In between i switched job and currently working for Employer C.

    Employer C is going to start GC process Soon..
    so are we eligible for ?

    Thanks for your time and comment..

  22. Anusha on February 9, 2015 at 3:37 PM

    Are there any chances for OMB to reject the final rule??

    • Raghuram Sukumar on February 9, 2015 at 8:25 PM

      Less Likely. This rule have come so far and it’s part of President’s Executive Action. OMB is an office within President’s Executive branch (not controlled by congress). Let’s hope there’s no other super power to stop this from happening :). Mark your calendar. 60 Days.

  23. subhash on February 9, 2015 at 3:19 PM

    Hi Raghu,
    I got Approved I140 and and to get my wife EAD , we need to satisfy both the criteria’s or any one criteria is fine.

    Criterai 1: Approved 140
    Criteria2: H1B visa extended beyond 6 yrs

    I comes under Criteria1, but not criteria 2 , can you please tell me whether my wife will get the EAD

    Thanks,
    Subhash

    • Raghuram Sukumar on February 9, 2015 at 3:58 PM

      It’s explained in the blogs and several comments

    • SSMukhop on February 10, 2015 at 4:19 PM

      Raghu if possible can you provide the link to the answers as for my case I aslo fall under Criterion 1 and not in 2

  24. Shankar on February 8, 2015 at 5:34 PM

    Hi,
    I have an approved I-140 but still have a few months left on my second H1B. Will my spouse (who is on H4) be eligible?

    Thanks!

    • Raghuram Sukumar on February 9, 2015 at 7:12 AM

      Yes.

  25. Bipin Maliakal on January 29, 2015 at 10:41 AM

    Hi,

    I’m is going to apply H1B this year through an employer.
    In this case my wife is eligible for H4-EAD?
    My brother, who’s a US Citizen already applied for my Green card 3 years back and not sure my brother’s application is approved or not.
    If its approved, is my wife eligible for H4-EAD?

    Can you please get me some insight on how my wife can get H4-EAD?

    • ThisPageWatcher on January 31, 2015 at 2:28 PM

      Nope

  26. Vidya on January 19, 2015 at 1:48 PM

    This is just eye wash… it is Jan 2015 … and it was supposed to be
    passed in 2014….. The fact remains that USA wants to attract the best
    and the brightest by saying come to USA. Fill our universities – pay 4
    times the normal fees (this fees we use improve research and development
    and improve our facilities).. AND you can have a great future…

    The
    FACT remains … please (No Indians and Chinese allowed) written in *
    conditions apply. because if your from India – or China … you do not
    have a future … because it will take you ages – 20 – 30 years to
    become a permanent resident and for that period of time …. you can
    continue contributing taxes …. etc and work as a slave… with no
    prospects of settling down in life…

    To counter this fact the dog
    has been thrown an imaginary bone… (imaginary because there has been
    talk about this going on since 2009. h4 work authorization … was
    supposed to be done in 2014.. but then you have teleconference … blah
    blah blah talk talk talk and continue the BS…. and keep the soap
    opera…

    If you are a sensible Indian or Chinese … your last
    priority should be USA… if you the brightest in IT, Medicine and
    Science Tech… Stay away from USA…. May be Canada or Australia or India itself …where you can start a new company like flipkart or something that can give the American Facebook a run for its money…

  27. Hermoine on January 14, 2015 at 1:44 PM

    Hi Raghu,

    I just read the news about The House overturning Obama’s Executive action. Do you think it will have any affect on processing of H4 EAD?

    Thanks,
    Hermoine.

    • Raghuram Sukumar on January 14, 2015 at 5:32 PM

      Nah. President have to sign the bill to pass and it’s not happening.

      • Priya133 on January 16, 2015 at 5:06 PM

        Hi Raghu,

        I dont have Bachelor Degree , Am i eligible go get H4 visa and can work in U.S.??can you please suggest ??

  28. Ram on January 13, 2015 at 11:50 AM

    Hi Raghu – any updates on this rule ? Looks like there has been no progress after Nov 20 announcement from the President

  29. blabberer on January 2, 2015 at 8:53 AM

    Any reason why they didn’t go through in publishing the final rule in Dec 14? Any more roadblocks?

  30. pranay bajjuri on December 1, 2014 at 3:00 PM

    Hello , I am on my H1b ( 5 + years ) with approved I-140 . My wife is currently on her H1b and she is having difficult time changing here employer . If this rule gets implemented can you please recommend me the best route.
    Does she have to change status from H1b to H4 before she gets EAD , or can she directly get EAD from H1b ?

    • Raghuram Sukumar on December 1, 2014 at 5:06 PM

      My guess is H1b to H4 then EAD. Lets wait for final details.

      • Latha Shripathy on March 2, 2015 at 2:34 PM

        I am on H1 B and my husband has his I140 approved. I am not able to accept job offers from companies that do not process H1. Do I still have to convert to H4 to apply for EAD? I heard EAD takes around 2 to 3 months to get approved. If that is the case, do I have to take a break from work for 2-3 months until it gets approved? Please clarify.

  31. Guest on December 1, 2014 at 3:00 PM

    Hello , I am on my H1b ( 5 years completer ) with approved I-140 . My wife is currently on her H1b and she is having difficult time changing here employer . If this rule gets implemented can you please recommend me the best route.
    Does she have to change status from H1b to H4 before she gets EAD , or can she directly get EAD from H1b ?

  32. Lakshmi on November 25, 2014 at 1:13 PM

    Hi Raghu,

    Thanks for all your updates and efforts…

    Am not clear with this point…

    So anyone who comes in now ,with fresh H1B and principal applicant’s GC gets started and reach to I140 stage in 1-1.5 yr, for this H4 spouse EAD will not be given and only thos H4 candidates will be eligible whose primary applicant got extension after 6th yr? Different comments related to this…please clarify me on this regard. It will be really a great help

    Thanks

    Lakshmi

  33. Somnath on November 23, 2014 at 10:57 PM

    I am finding different answers for this one which makes it very confusing. Very basic point of clarity needed: For H4 EAD, principle H1B needs to have I140 approved AND 6 years on H1B or any OR just I140 approved is good enough??

    • Ryan Locke, Esq. on February 26, 2015 at 1:10 AM

      It’s either/or. If your H-1B employer does your PERM and gets your I-140 approved really quickly, your spouse won’t have to wait nearly as long to qualify for H-4 work authorization as if your employer waits 4-5 years to get started with the PERM.
      –Ryan

  34. VCSekhar Parepalli on November 23, 2014 at 6:09 PM

    H4 visa spouse vs H4 visa holder : Just wondering if author meant both these to be same when they aren’t.

  35. Shaky30 on August 31, 2014 at 4:09 PM

    Looks like the executive action on Immigration may be delayed by Obama, up to Mid Term elections. Though this pertains to illegal immigrants, any idea how would this affect H4 EAD?

    • Raghuram Sukumar on September 1, 2014 at 11:25 AM

      I hope, EAD for H4 is not tied to Executive actions and gets delayed. Close to 13,000 comments were received by USCIS. They should do the review and publish the final rule ASAP 🙂

      Till then… we have to wait.

      • sajjad on November 26, 2014 at 12:02 AM

        hi ….does F1 Visa requir TOFEL scorecard or no a was applied for a university on USA but yet i dont have any scorecard will i reject or no? thanks

  36. shab on August 20, 2014 at 3:00 AM

    Hi, Im Shabeer working as Networking Eng. My wife is travelling US next month. I’m eligible to travel along with H4 visa but i got to know that I wouldn’t be able to work in this visa. Do i have to wait to apply H1B in next April 2015 slot and then only look for job on approva. Is there any possible ways that we provide eligibility towork in US

  37. shanti on August 14, 2014 at 12:53 PM

    HI Raghu,
    My husband is in US from past 6 years. he went to US for his higher education on F1, later on to OPT to H1 now. now I want to apply for H4 visa…I heard we need to submit 6 months pay slip but we have only three months will it work? please help me

  38. kb on August 13, 2014 at 3:24 PM

    Hello , my wife’s employer has started Green Card processing now .She was on L-1B Visa for first 3 years and now she is no H-1B from October 2013. By the time we expect I-140 gets approved I am expecting she will complete 5 years but wont exhaust all 6 years. so am I eligible for EAD as H4 dependent as soon as she gets approved i-140 ? or we will need to wait until She will have to exhaust all 6 years and then apply for extension ?

  39. vb on August 13, 2014 at 10:43 AM

    If this rule gets implemented, how long will it take to get dad once applied? I heard that the wait time for green card is around 2 months. If an h4 spouse with ead is eligible for h1 , can they apply for it?

  40. PrashantShekhar on August 12, 2014 at 8:51 PM

    From where did you get the August 9 updates ? Has anything official been published?

    • Raghuram Sukumar on August 12, 2014 at 9:02 PM

      I clarified what to expect. There is no official news yet. I can’t give away all my sources 🙂

  41. Vb on August 11, 2014 at 10:30 PM

    It is sad that uscis is not providing proper updates about rule progress.No information about review process at all!

  42. veena on August 4, 2014 at 10:55 AM

    Just waiting for the rule to get published and implemented

  43. Gargi sen on July 30, 2014 at 1:10 AM

    hi,
    i m Gargi.. I am going to USA as H4 visa holder. My husbad got H1B visa approved…
    Can i get work permit There??

  44. Arnab Mishra on July 23, 2014 at 5:07 PM

    I have an unique situation, I came to USA in L1b in 2011 and will complete 5 years in early 2016. My employer filed for my green card and will get my
    I-140 in few months. My wife is in H1b.. so my question is if i don’t get the H1b lottery next year, can i get some advantage of this new immigration rule ??

    • Raghuram Sukumar on July 23, 2014 at 7:08 PM

      I don’t think this EAD will help you unless your wife gets i140 and you will be on EAD.

  45. Dupsy on July 21, 2014 at 10:24 PM

    Hi
    i came to US on 9th sep 2011 and have been staying here since then and my husband has completed six years jan 2013 and have also got extention till 2016. he has approved i 140? am an MBA graduate, will i be eligible to get EAD if this rule is implemented?

    Thanks,

    • Guest on July 22, 2014 at 10:34 PM

      Yep…

  46. Piyush Desai on July 19, 2014 at 3:06 PM

    Hello,
    Just wondering once this rule is approved and my spouse gets EAD. Can she start her own business and work for that business?

    • Raghuram Sukumar on July 21, 2014 at 11:39 AM

      Yes, EAD would allow that.

      • rem on December 16, 2014 at 10:44 AM

        Hey Raghuram, Do you have any supporting article to confirm what you mentioned above. This would be great if true.

  47. Rahul on July 16, 2014 at 8:08 PM

    So is there any update on this matter? The comments period of 60 days was over on 11th July. What’s going to happen next? How early or late can this rule become effective? Thanks.

    • Raghuram Sukumar on July 17, 2014 at 3:49 PM

      USCIS will now review the comments. Then hopefully publish interim rule. Then submit again to OMB for review. That review can take few months. My guess is 2 to 3 months. Then White House have to approve it.

      So, we have few more months to go. But, WH can choose to make it faster as well 🙂

      • Shiva on July 17, 2014 at 5:46 PM

        My I140 got approved but I have switched my employer. If the rule passed, can my wife apply for EAD with the previously approved I140?

        • Raghuram Sukumar on July 18, 2014 at 3:59 PM

          As long as I-140 is not revoked, you should be good 🙂

      • Dupsy on July 21, 2014 at 10:26 PM

        can WH decline to pass this proposal? just wanted to know what are the chances of getting it?

        • Raghuram Sukumar on July 22, 2014 at 11:07 AM

          You can look at the timeline posted in this article. This is under discussion for few years now. It looks promising this time around.

  48. ksneha on July 7, 2014 at 3:17 PM

    Need quick help. I am on H1B. I have my I-140 approved in 2012. The priority date is July 2012. I will complete 6 yrs on H1 in September 2014, and have already gotten the 3rd extension approved for next 3 years. My question is as follows: I have a job offer from other company, who is willing to transfer my H1 & apply for my green-card. I understand, I my lose my priority date or may be able to carry forward once the new I-140 is approved. And it may take another 12-24 months to get new I-140.
    if I change job now, would my wife be able to apply for EAD if this rule is passed? (I am sure existing compmy will revoke my current GC application and new one will be in process to get labor n PERM approval)
    Please help, I have to make a quick decision about this new job offer.
    -many thanks.

    • Raghuram Sukumar on July 8, 2014 at 8:06 PM

      I’m answering your question as a blog post. Very good question.

  49. Soc Ial on June 23, 2014 at 11:11 AM

    I am on H4 visa since last 7 years. I finished my M.Ed. degree 2 years back. I am frustrated simply being homemaker. I am eagerly waiting for this rule to come.

  50. Swetha on June 18, 2014 at 4:30 PM

    Hi
    If EID is approved is it only for doing IT specialization jobs ? Can you give clarity regarding this.

  51. Syed Rizvi on June 13, 2014 at 9:15 PM

    Having an income has been my top priority ever since i was a kid. I support this movement 100% and hope the new rule will be successfully passed.

  52. Damsloy on June 10, 2014 at 6:04 PM

    Hi! I just want to clarify something. If this rule be implemented can H4 visa holders apply for any job or same with the H1B visa holder that they can only work for the company that sponsors them.

  53. alex on June 8, 2014 at 3:53 PM

    >>”either the beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) or who 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), as amended by the 21st Century Department of Justice Appropriations Authorization Act”
    —-
    I don’t understand OR part.
    does it mean, even if you have a approved 140, had a H1B extension, and then you changed to new employer, at the time you haven’t gotten your new 140 approve, you can still apply a H4 EAD for your spouse?

  54. Kiara on May 23, 2014 at 7:26 AM

    Hii Raghu,

    Can we provide our contact details on the comments website on regulations.gov wen site or choose to comment as third party?? please advice on how you guys are commenting

    Also I want to forward that link to many many people so that it can get maximum participation . I really wish this rule comes into action and benefit all fellow H4.

    Please reply.

    • Raghuram Sukumar on May 23, 2014 at 8:57 AM

      You can give your name and email id. Other details are optional. That’s how I commented. After approval, only the comment will be posted for public, not the name.

      • Kiara on May 27, 2014 at 9:26 AM

        Thanks Raghu !!

  55. happyperson on May 17, 2014 at 6:46 AM

    When will this rule come into action ? really eagerly waiting

  56. Himani on May 13, 2014 at 7:44 PM

    My Husband came to USA in 2007 .His I-140 is approved in 2008 .unfortunately in 2009 he moved to different company and his current company I-140 is not yet filed.still can i eligible for EAD with old I-140.

  57. Himani on May 13, 2014 at 7:38 PM

    My Husband came to USA in 2007 .His I-140 is approved in 2008 .unfortunately in 2009 he moved to different company and his current company I-140 is not yet filed.still can i eligible for EAD with old I-140.

  58. Himani on May 13, 2014 at 7:23 PM

    My Husband came to USA in 2007 .His I-140 is approved in 2008 .unfortunately after that he moved to another company and his new company I-140 is not yet filed.still can i eligible for EAD with old I-140.

  59. Latha Balasubramanian on May 13, 2014 at 11:48 AM

    Latha

    Thanks a lot for posting that link. Guys can all represent your views in that federal register.If more no of people respond to it,higher chances of approving H4 EAD.

    If this rule gets approved then H4 visa holders need not apply H1B and thus no of petition in H1B can reduce significantly(almost 94,000 roughly)

  60. Reena on May 13, 2014 at 12:53 AM

    The new rule for h4 spouses announced in april 2014..Is this applicable only to h1b visa holder sppouses with green card wait or to all h1b visa holder spouses?? Pls clarify, is their is any hope for H4 visa(without GC)

    • Raghuram Sukumar on May 13, 2014 at 7:50 AM

      This applies only if J1b workers’s green card is in process ( I-10 approved or PERM is waiting for over 1 year).

      • misty on June 3, 2014 at 11:39 AM

        my husband is in us for just 2 years in H1b visa.his I-140 is in process.if its approved can i get EAD

  61. mattr on May 12, 2014 at 11:32 AM

    You do not explain how can it increase the number of frauds by allowing H4s who had approved i-140 meaning they are close enough to become citizens of this country can increase fraud, while increasing H1B cap would not ??? spouses with H4 is linked to H1b, so they have limited options in finding a H1B sponsor , because they cannot move beyond the location their spouse is present. you might find a job in new york while your spouse is in michigan, that is the problem. with EAD the options would increase, they can basically work anywhere or even start a business.

    • Latha Balasubramanian on May 13, 2014 at 11:56 AM

      I agree wit mattr. Well noted point.
      L2 visa holders can work, but H4 visa holders cant work i dont understand that the logic.

  62. h4visaholder on May 12, 2014 at 10:51 AM

    Great news Its important for highly qualified to work and contreibute towards the nation rather than doing nothing .. Use one’s skill set and make best of it ..

  63. Roy on May 8, 2014 at 5:03 PM

    Is this Rule Approved or is still a proposal?

  64. USA on May 8, 2014 at 3:53 PM

    Purpose of this rule is to retain people already on H1B visa by giving EAD’s to spouses so there is less disruption to US businesses.

    So what you should do is either
    1) Get a H1b visa
    2) Marry H1b
    3) Marry someone with GC 🙂

  65. ALk on May 8, 2014 at 11:44 AM

    Under existing regulations, DHS does not extend employment authorization to dependents (also known as H-4 nonimmigrants) of H-1B nonimmigrant workers. The change proposed by DHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has already started the process of seeking lawful permanent residence through employment.
    WHAT DOES THE FIRST LINE MEAN?

  66. Vinay on May 8, 2014 at 11:04 AM

    Hi,
    I am on H1B and completed 6 years with I 140 approved.My wife is also on H1B from last year.Can she switch back to H4 and apply for EAD.?

    • mattr on May 12, 2014 at 11:24 AM

      under this new rule no need to switch from H1B to H4 because anyone with H1B extended beyond 6yrs can now get an EAD instead of the old yearly renewal, that is costing lot of money for the employer. so if this passess both of you can get an ead until you can file for adjustament.

      • Raghuram Sukumar on May 12, 2014 at 11:52 AM

        This applies only to spouse in H4. EAD is not for H1B workers. They still have to wait ..many years for GC.

        • Vinay on May 12, 2014 at 12:51 PM

          Based on what you said.if my wife switches to H4. Can she apply for EAD?

          • Durga on May 20, 2014 at 10:39 AM

            Any update on this? my case is also the same.



          • Sonu on May 28, 2014 at 4:27 PM

            I am in a similar situation as Vinay. Would i be able to get an EAD. I am currently on H1B. My husbands I-140 is approved.



        • Vinay on June 23, 2014 at 1:09 PM

          Hi,
          Can my wife transfer to H4 and apply for EAD in my case

  67. Manny Pacman on May 7, 2014 at 7:53 PM

    i’m a filipino also waiting for my priority date (May 2009) and even this site seems to be predominantly from India, i couldnt do anything but to sympathize… we’re in the same boat and i hope this could be implemented asap. But kudos to obama?? i guess the processing of green card jumps dramatically fast. i just hate that people thinks and even some of my fellow filipino thinks that having a green card is that easy to get here in the US and will cheat and declare high wages while working in NY just to qualify to eb2..(smh) its their employer”s & lawyers fault too. Good luck to everyone

  68. Raghuram Sukumar on May 7, 2014 at 6:24 PM

    Do you have I-140 approved? If yes, then your wife can apply for EAD when this rule is implemented.

  69. chandana dinesh on May 6, 2014 at 10:01 PM

    Wow, this is a great news!! Just Waiting to get this Implemented!!!!!!!!!

    • Latha Balasubramanian on May 13, 2014 at 11:50 AM

      Latha

      Please post your comments in that federal register for it to get implemented.

  70. La Ra on May 6, 2014 at 10:00 PM

    So how long will this take approximately ?

    • Raghuram Sukumar on May 6, 2014 at 10:36 PM

      Entire timeline is posted here. Hope they publish the rule soon enough.

  71. SonuSam on May 6, 2014 at 2:06 AM

    I was on L2 visa for 4 years in US. However i could not land into any job as my area of interest was biotechnology. I was able to work for the last 1 year in my L2 status then my spouse was transferred to H1 by his company so that he can continue working. Also his LC is approved so he can apply for extensions in H1. Well, he is going to complete 6 years soon, but he was in L1 for 5 years and I was wondering if he needs to be in H1 for 6 more years for me to get an EAD. I could have got H1 sponsorship for an IT job, but i do not want to work in that field.

    • Raghuram Sukumar on May 7, 2014 at 6:22 PM

      New language for this rule doesn’t have any restrictions on time limit. You can be on second year of H1b with approved I-140 to apply for EAD.

      • mattr on May 12, 2014 at 11:27 AM

        what I do not understand is, if you do not have approved I 140 you cannot extend H1B beyond 6yrs, so, I think this part is still not clear.

  72. Clopto on May 3, 2014 at 10:17 PM

    I hope this law does not pass. It will lead to an increase of frauds, and it will be redundancy with the current system. It will also be unfair to many h1b applicants, especially to those who didn’t win the lottery. If the spouse is skilled and highly qualified immigrants, she or he should not have a problem getting a h1b sponsor and must go through the same rules as everybody else! I think increasing the h1b cap would be more fair for every immigrants.

    • Clinton Gomes on May 6, 2014 at 12:36 PM

      It is very hard to get h1 sponsorship. If you are single you can leave the country. If you are h4 you are leaving your spouse and perhaps children behind!!!!!!!!!!!! EADs for all spouses!!

  73. Sonam Nimje Gathibandhe on April 25, 2014 at 4:24 PM

    I am a H4 visa holder and my husband is on H1B but has just completed 3 years on it..but his university where he is working filed his green card. am i allowed to work as per new rules. By profession i am a civil engineer, and completed my M Tech in “Environmental Science”.

    • Raghuram Sukumar on April 25, 2014 at 5:36 PM

      Refer to the blog posts about this topic.

      • Raghuram Sukumar on April 25, 2014 at 5:38 PM

        Let me start a new blog post on this topic.

        • mattr on May 12, 2014 at 11:39 AM

          sorry I got the answer, you can indeed extend the visa under AC21 rule.

    • mattr on May 12, 2014 at 11:33 AM

      You have to have approved i-140, most likely you will get that approval by the time this new rule change takes effect.

  74. DannyBoy on April 24, 2014 at 3:58 PM

    “This means that if the H4 Visa souse’s whose principal H1B Visa holder have spent less than 6 years in H1B cannot get EAD.”
    This makes absolutely no sense – 6 years is the *maximum* allowed time on any single H-1B (except for when applying for a Green Card while on H status and getting an extension). Any one who reaches the 6-year mark needs to leave the US for at least 1 year, then apply again.

    • samizad on April 29, 2014 at 7:41 AM

      So basically, only once the full 6 years of H1B have passed and a greencard petition is in the works, then the spouse can apply for EAD. Pointless.

      • Raghuram Sukumar on April 29, 2014 at 10:27 AM

        That was the language in old rule from Feb 2012. we have to wait and see what’s in the new language.

  75. Shan Veerappan on April 23, 2014 at 4:03 PM

    I came to USA on Sep 2009 as L1B Visa Holder. My employer filed H1B and got H1B visa approved from Oct 2011 and Expired Sep 2014. I have applied my H1B extension already in order to continue stay and work here in USA. Also My employer is going to submit LC for Green Card Process on July 2014. Is my spouse eligible to apply EAD after I apply LC? Is that Do I need to have H1B 6 years or can I have L1B + H1B total 6 Years? Please clarify me on this.

  76. Reena on April 11, 2014 at 4:33 PM

    The new rule for h4 spouses announced in april 2014..Is this applicable only to h1b visa holder sppouses with green card wait or to all h1b visa holder spouses?? Pls clarify

    • Raghuram Sukumar on April 11, 2014 at 4:36 PM

      Wait for details to be published.

  77. Reylin on April 9, 2014 at 8:40 PM

    The new rule for h4 spouses announced in april 2014..Is this applicable only to h1b visa holder sppouses with green card wait or to all h1b visa holder spouses??Pls clarify

  78. Swati on April 9, 2014 at 11:58 AM

    Hi
    I had J1 visa with 2 year home resident rule. I am eligible to transfer at H4 visa.

    • Raghuram Sukumar on April 9, 2014 at 12:11 PM

      If you get married to someone in h1b, I guess you should be able to get h4.

  79. Ravinder on April 9, 2014 at 11:12 AM

    Please pass this bill. We also want to work. to sitting idle at home is really waste of time and our study. Please give us the opportunity to work .

  80. R on April 9, 2014 at 9:42 AM

    What the hell? What about highly skilled MBA spouses who have been working in MNCs in India and now because of this bloody system are doing dishes and household chores in America? Why aren’t those spouses being considered here? I have seen a lot of Indian spouses in America who work in companies like Oracle, Microsoft, Tata.. They cannot speak proper English and do not have US degrees. How are these people getting visas and jobs? While it’s a sucidal situation for the well deserved ones!

    • Raghuram Sukumar on April 9, 2014 at 9:53 AM

      Totally agree. Let’s wait for the language from DHS.

    • shankar on April 10, 2014 at 2:36 PM

      skilled MBA spouses are also eligible to work . Why are you saying they are not considered.

    • mattr on May 12, 2014 at 11:43 AM

      If they are on H4, they can get EAD and work. You blame some guy without the ability to speak english working here, while you are commenting without having any knowledge about the rule we are talking about.

      This is not just for IT people.

      lastly you do not need to speak english a lot, 1) If you are a chef,
      2) If you are a software coder 3) A technician who has no interaction with people.

  81. k on January 25, 2014 at 9:30 PM

    Hello, Do we have any updates on EAD for H4 holders. We r in Jan 2014. Thank you.

  82. Chandu on April 6, 2013 at 8:08 AM

    I came across this petition about H4 authorized to work can you all people sign the petition…Thanks

    http://www.petition2congress.com/7152/h4-visa-work-permit-approval/?m=4317894

  83. N on March 12, 2013 at 12:58 PM

    Any Updates ? H4 to EAD.

    • Raghuram Sukumar on March 12, 2013 at 1:13 PM

      Check the latest post in last 3 days. You can subscribe the RSS feed to get the latest updates.

  84. Tux on March 7, 2013 at 8:20 AM

    Any update? We are in march month.

  85. tht on February 10, 2013 at 3:39 PM

    I had to re-read the aeticle to allow myself to believe this. Definitely good news for some of us and totally fair too , considering that EB2 and EB3 wait is very long.

    Also, my husband is in the exact same situation(6+ years of H-1, I-140 approved andn ow waiting). I am on F-1 status. Can I change my status to H-4 if this rule takes implementation so that I may be eligible to apply for EAD?

  86. Sampda on January 16, 2013 at 12:41 PM

    When can we expect this proposal to be accepted?

  87. faree on January 11, 2013 at 11:30 PM

    My spouse has completed 4 years on H1 and his I 140 is done. His H1 is till 2015 and then it gets revnewal. I am on H4. Am i eligible for this new rule as I 140 is done.

    • Raghuram Sukumar on January 12, 2013 at 12:55 AM

      As per details we know, you could get EAD after your spouse completes 6 years in H1 and gets 3 more years extension.

  88. Rashi on December 31, 2012 at 4:44 PM

    Dear Friends,
    I request you to join http://www.facebook.com/groups/H4Visa/. As you all know that USCIS has proposed a rule to give EAD to H4 visa holders.
    After two months they will open it for public comments as well. Lot of activities are going on the page to get this rule passed asap.
    DHS’s historical data suggests that the rules approved pretty fast. I think it would take at least 6 months to for the law to be changed 2 months comment period,1 to 2 months for rule making, 2 months for USCIS to prepare internally before they can accept applications. Please, spread the word to get H4 curse end for good.

    • shital on January 10, 2013 at 2:50 PM

      Hi,
      any new updates on this rule?
      Can anyone please post the latest updates?

  89. DEEPIKA on December 26, 2012 at 4:16 PM

    Is the new rule – H4 EAD approved?
    What is the status of this rule?

  90. Fazal on November 15, 2012 at 10:49 AM

    If you are on H1B or your I140 is approved, Please support this petition. Please sign this Petition to address the issue of not allowing Filing for I-765 (EAD) and I-131 (AP) until the PD is current.

    https://petitions.whitehouse.gov/petition/allow-filing-i-765-ead-and-i-131-ap-upon-i-140-approval/FBSVvfQh

    • Rashi on December 31, 2012 at 4:44 PM

      Dear Friends,
      I request you to join http://www.facebook.com/groups/H4Visa/. As you all know that USCIS has proposed a rule to give EAD to H4 visa holders.
      After two months they will open it for public comments as well. Lot of activities are going on the page to get this rule passed asap.
      DHS’s historical data suggests that the rules approved pretty fast. I think it would take at least 6 months to for the law to be changed 2 months comment period,1 to 2 months for rule making, 2 months for USCIS to prepare internally before they can accept applications. Please, spread the word to get H4 curse end for good.

  91. gel on November 15, 2012 at 6:26 AM

    http://wh.gov/8hrD

    please click on this link to sign in the petition for EAD for H4 VISAs… thank you.. this needs to be shared and signed but December 07, 2012… and reach 25,000 signatures..

    thank you…

  92. Sruthi on November 7, 2012 at 11:04 PM

    Hey raghu is that rule passed or not
    I have a question my husband staying in us since 6yrs his I140 got approved but he is on EB3 if that rule passed am i eligible for EAD

  93. Sruthi on November 7, 2012 at 11:01 PM

    Is that rule passed

  94. capriash on August 21, 2012 at 3:21 PM

    My husband is on H1 from last 5 years. he is changing his job and the next employer says that they will file for green card in next 6 months. can anybody tell that how long it usually takes to get an EAD after the company has sponsored the green card?

    P.S i am more concerned about my ead as i am on a H4 house wife.

    Cheers!!!!

    • HSB on August 21, 2012 at 3:25 PM

      For EB3 – several years.
      For Eb2 – About 4 to 6 years.

      • capriash on August 21, 2012 at 3:55 PM

        4- 6 years is a pretty long time.

        can you tell me something about I140 and I485? is there something that can help us in getting our EAD’s as early as possible.

        Thanks for ur earlier response.

      • Nilima on April 9, 2014 at 9:32 AM

        Hi,

        Could you please give some more details on this H4 visa, is this passed?

  95. BS on August 11, 2012 at 4:53 AM

    It’s already August 2012, are there any updates on this? Was it approved in March 2012?

  96. Maya on August 1, 2012 at 3:59 PM

    Hello HSB,
    My Husband came to US on 2005 and he applied for green card on June 2007. we got married on 2008. I came on H4 dependent Visa. His I140 is approved and he is working in the same company.
    Here is my Question,
    Am I eligible for applying an EAD?
    I need clarification on this thing
    My husband spend more than 7 years on H1b visa and he renewed his EAD twice. But its been only 5 years since he applied for a permanent residents (his priority date is June 2007).
    Somewhere I read that the Principal H1B Visa holder have spent at least 6 years in H1B from the priority date and then H4 Visa dependent can get EAD.

    May I get an EAD?

    Thanks in advance!

  97. Narsing on June 29, 2012 at 5:46 AM

    Hi.
    My wife is travelling US on H1. I have H4 visa stamped.
    Also i got my H1 visa filed from India through a employer in US.
    Now my question is – should i wait in India till i get visa approval and stamping or should i travel US on H4 and then apply for H4 to H1 transfer. Which way has more chances to get H1 and also let me know the pros and cons of either process.

    • Bharath on October 3, 2012 at 12:57 AM

      hi Narsing,
      I have question for you, My wife is travelling US on H1B, I have applied for H4, Can we keep any paper for my working company (leave letter or our designation etc.), can you guide me plz.

  98. Evelin Rodriguez on April 9, 2012 at 1:04 PM

    Do anybody knows whats happening with this rule?

  99. mpnair on March 14, 2012 at 10:55 AM

    From the link HSB gave on Feb 12 I get a feeling that EAD for h4 doesn’t seem to be forthcoming across the board but only on a selective basis depending upon the capacity of principal h1 holder.
    But even it happens so, it is a good beginning!!!!

    • HSB on March 14, 2012 at 11:22 AM

      Yes, there will be restriction on qualified H1 (not sure if 6 years completion or I-140 have to be approved, etc).

    • Vidhya on March 29, 2012 at 5:40 PM

      Hi,
      It would be great if this rule gets implemented.Any updates on this??

  100. zeeta on February 28, 2012 at 7:13 PM

    When this rule will be implemented?

    • Kartheek on March 12, 2012 at 11:36 AM

      Any update on this rule?

      • HSB on March 12, 2012 at 11:40 AM

        Changes to Immigration laws are not easy and fast. It takes time and it may not even be implemented.

  101. Ambica on February 20, 2012 at 10:44 PM

    Sir,

    Please let me know as one of the senator is opposing for this rule? still hopes are alive for this rule to be intiated in mar2012 ?? waiting for the rule H4 can get EAD after spouse completion of 6 yrs stay in US

    Fingers crossed for this rule !!

  102. vinu on February 10, 2012 at 3:29 PM

    How long will it take to implement this kind of rule in USA government approximately?

  103. SPTECH07 on February 10, 2012 at 2:25 PM

    Sir,

    When are we expecting this rule to pass..

  104. abc on February 9, 2012 at 12:04 PM

    hi,my huband stayiing here from ore than 5 years on H1b ,he has applied labour also,then may

    i get EAD?

  105. Neera on February 9, 2012 at 11:27 AM

    What is the basis of this article? I could not find any us covet website announcing then same. Appreciate your help.

  106. Debo on February 9, 2012 at 11:13 AM

    Hi,

    This is a real good news and thanks for letting us know. Where can we get more details about this?

    • HSB on February 9, 2012 at 11:18 AM

      Search in DHS and USCIS sites.

  107. Anu on February 8, 2012 at 5:09 AM

    We stayed in us for 3 yes from 2006 to 2009 in l1 n l2 visa and our I – 140 is cleared. Now my hubby has got h1 visa and I will join him as h2. Is there a chance for me to get EAD ?

  108. Jeevan on February 7, 2012 at 10:30 PM

    Hello,

    So from your post I can see that, H4 will be eligible for EAD only if primary H1 B has completed 6 years stay in USA and have applied or has approved I 140

    In my case, I will be completing 6 years stay in 2014 but I have applied for my labor. So as per your blog my dependent cannot get an EAD? what options do you think I have for my dependent to have EAD if this rule is implemented?

    • HSB on February 7, 2012 at 10:43 PM

      So far we don’t have much info. Final rule could be different. We have to wait till rule is implemented.

      • DEEPIKA on December 26, 2012 at 4:17 PM

        Is this rule approved?
        What is the status of the rule?

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