Answers to Top Questions on EAD, H4 and I-140 [ Video ]

Yesterday evening President Obama announced Immigration Reform that impacts close to 5 Million People – Undocumented and High Skilled.

After the announcement there are more questions than answers.

I recorded  this exclusive interview for Happy Schools Readers with Immigration Attorney Murali Bashyam.

Some of your top questions about EAD for H4, Green Card,  I-140, H1B, OPT Extension, Impact for future and current F1, J1 Visa students are covered in this video interview.

Audio Interview

Video Interview

If you have any questions about the new changes, post them in the comments. I’m working hard to get the right answers from Immigration Attorney or Official News Source.

I will be updating the blog throughout the day as we learn more details about the new changes.

Transcript of the Interview:

 

Speaker 1: Hello everyone. Yesterday president Obama announced major immigration reform executive actions and today he’s going to sign that I can see the order. We’ll talk about legal high skilled immigration reform changes that was announced by president Obama. People have been waiting in the US who came here legally for long years to get green cards and that is one of the issues with H1V and sponsors who are unable to work of H1B workers. He has announced lot of changes and we’re going to talk to attorney [inaudible 00:38]. Hello Murali, how are you?

Speaker 2: Good morning Raghu, How you doing?

Speaker 1: I’m doing good. So we’ve seen lots of good changes. We didn’t get a lot of changes we were trying to get but at least the changes that announced by president Obama is going to help a lot of high skilled immigration folks. Right?

Speaker 2: One thing I will say, Raghu is yes, there are some positive proposals introduced by the president last night but as a cautionary tale I’ll put all of these into the coming attractions category. They’re not changes yet, and it’s likely that all the proposals that we’re going to discuss in the next few minutes are not going into effect until probably late 2015 for most of them. But yes, the president can only do so much to incentive action, and some of these are very positive changes for high skilled workers.

Speaker 1: For my readers, high category are for people… I’ll go through each category of people and see the impact that it has on them based on this proposal. Firstly, how does this impact students who are planning to come to the US? Does it make any changes as to the F1 visa or the interviews that they want to face before they come to the US?

Speaker 2: It doesn’t make any changes to the regular F1 process or the F1 interview process at US consulates, the only changes in the F1 program has to do with stem candidacy. Most science, technology, engineering, mathematics graduates in the US, right now that stem category can get OPT training for 12 months and extended by 17 months and what they’re proposing to do is expand the types of degrees that fall under stem number 1 and number 2 expand the actual practical training period. Having said that, there is no specifics on how long they’re going to extend the stem or OPT or what types of other degrees will fall under that category, so that’s one of the wait and see situations as well.

Speaker 1: So that’s going to impact basically the F1 students who are going to come here in the future or people who are already here that might give an additional option or applied for H1V or a longer period for them to work in the US.

Speaker 2: The big impact is going to have obviously is longer period to work in the United States, they will expand it past the 29 months you currently can as a stem candidate. But with the H1V lottery system in place right now, these are the high demand low supply, if they expand the stem program with the optional practical training, if you don’t get selected one year or the next year, you’ll have more time to actually apply again, which I think is a really good thing if they don’t reform the H1V program.

Speaker 1: But the proposals that were announced yesterday, there wasn’t any changes specific to H1B lottery.

Speaker 2: There were no proposals specific to the H1V lottery, that’s correct.

Speaker 1: Okay, so now let’s move on to the major provision that is going to be implemented but we are waiting for more details and that is pre-registration for I140 so that they can get ERE. What is that in the proposal?

Speaker 2: Right now Raghu, as a lot of your viewers know, if you have an approved I140 you can’t file your I45 adjustment status until your priority date becomes current. And if you’re an Indian national or a Chinese national at EB2 category, or most folks in the EB3 category there’s a long wait for your ability to file I45 adjustment of status. What this proposal is going to do is basically say even if your priority date is not current, I don’t know what categories they will define this under, but if your priority date is not current, you can still can file an I45 adjustment status which I think is a great benefit because at least you can get a work authorization card, you can get a travel permit and they’ve made some proposals on that as well that we’ll cover in a few minutes. But the biggest advantage, I think, is that at least your spouse can get a work authorization card instead of having to wait, which could take many many years, so we’ll see what they do with this, again, this is one of the wait and see proposals as well.

Speaker 1: So this EAD is different from the other proposal where spouses of H1B workers can get EAD via I-485, so that’s two ways that the spouses can get EAD?

Speaker 2: That’s correct, under the proposal for the H4EAD, that was proposed some time ago and has been languishing around with rulemaking and everything else, what the president said he was going to do, was go ahead and push that forward, and they said last night that he expects it to be implemented in December or January, we’ll see again on that, but if that does go through that quickly, it’ll provide a great benefit to thousands of people in the United States that are in H4 status who are currently cannot work.

Speaker 1: There was another option for entrepreneurs, it was briefly discussed but there’s not a lot of details about what options are there for entrepreneurs in this proposal who can easily circumnavigate the H1V process to work in the US.

Speaker 2: What they propose, again, this is very very vague, unlike some of the other things we’ve discussed so far, they said they’re going to expand the national interest wave to include entrepreneurs, investors, founders and research scholars. We’ll see. They also said they’re going to put into place parole and place for certain investors in the US and what parole and place is – if you enter the US without authorization. That just allows you to get a status to stay here so maybe investors who are here illegally, if they meet certain conditions they can actually get some kind of status under this proposal. We’ll see. Maybe they’ll expand the O1 program for extraordinary ability to include entrepreneurs of all levels but we have to wait and see to get more specifics from the administration to determine who it’s going to help, and how it’s going to help.

Speaker 1: These proposals lower the wait times for folks from EB21 AB3 from Indian or Chinese nationals to get a green card in a faster rate.

Speaker 2: The only proposal that could lower the wait times for all of the folks that you’ve just described is, they say they’re going to modernize the visa allocation system by potentially excluding derivatives for being counted towards the immigrant visa numbers and recapturing numbers from previous years. If they did that, which I think a lot of high skill immigrants are waiting for the particular proposal, they would basically wipe out the visa backlogs for all these categories fairly quickly which would impact positively a lot of professional workers in the US so hopefully they’ll implement that soon, again, sometime in 2015 hopefully, we’ll see. But that is a positive proposal for sure.

Speaker 1: It is not specifically mentioned in the fact sheets but it’s something that’s being considered by them, right?

Speaker 2: It actually was proposed by the president in the fact sheet, so it is a proposal, again, a vague proposal, but it’s something they’re considering.

Speaker 1: That’s a great news, still these are not clear but we still need to know the actual language of how it’s going to be implemented.

Speaker 2: That’s exactly right.

Speaker 1: The biggest one of all that we heard is the EAD for I140. So what that is, if you have an I140 approved, you can file I485 you are eligible to get EAD, you don’t have to wait until the priority date comes. Do we know the time frame that’s going to be implemented?

Speaker 2: Nobody knows the time frame for implementation for most of these things, my guess would be by the end of 2015 because nothing happens quickly when it comes to rule making with immigration. So I wouldn’t say it’s going to happen very quickly, but hopefully it will happen sometime next year. They did try to put a couple of other things as well, which is defining finally what same or similar means when it comes to AC21 portability. They also said they were going to modernize the [inaudible 09:51] and modernize the L1B specialized knowledge program as well, which is about company transfers which have come to increased scrutiny in the last 3-4 years.

Speaker 1: One thing that you touched upon, same or similar job category, what that means is people can change jobs, move to a different job role while the green card is in process.

Speaker 2: Your I45 has been pending for at least 180 days, at that point you’re eligible to change employers as long as the job you’re moving too, is the same or similar to what’s filed for you under your green card application. What the USCIS has never done, is to find what same or similar means, so a lot of immigration attorneys including ourselves, basically use what’s called the gut test, which is “does this new job feel same or similar to the old one?”. There are other ways of analyzing those types of things as well, president Obama said that the DHS is going to finally define what that means. I’m not sure if that’s a good or a bad thing, it’s kind of nice having it to look right, but we’ll see what they come up with.

Speaker 1: Overall, lots of good news and the one that’s going to be implemented earliest.

Speaker 2: It appears that this is the one that’s going to be implemented first.

Speaker 1: Is there something that the HIB visa workers and the spouse can file on their own, or is that something that the employer has to file?

Speaker 2: That will probably be something that the H4 spouse will file on their own, by filing I765 employment authorization document application just like anybody else is filing [inaudible 11:52]. Under the previous proposal not every H4 could file, for EAD basically the H1V visa holder must have had an approved I140 to their own green card application or they must be interposed 60 or H1V extensions so only in those two situations can be filed from EAD. Under what the president’s proposing, I think it’s still going to hold true, we’ll see. But it’s certainly something that’s not tied to any employer.

Speaker 1: When this comes we will probably do another interview on how to handle this process, we’ll help our readers to see how they can go or file this.

Speaker 2: When any of these proposals which are under the coming attractions category right now, when any of them actually are implemented or about to be implemented you’ll get a better sense of what the process is going to be, we’ll do another video to tell people how to apply for these benefits.

Speaker 1: Thanks a lot for the interview, and let’s hope these things come faster and that is benefits so many people.

Speaker 2: Yes, I agree with you, great news for a lot of people and hopefully these steps will also push congress to move towards a more comprehensive immigration reform bill in the future as well.

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99 Comments

  1. Geeta on May 18, 2017 at 4:58 PM

    Hi, I got my H1B approved on 2015 and I filed my Green card Labor in the same year. I got an RFE on my application in 2016. My employer suggested me to apply new one since the RFE will take forever to resolve. After applying for new one, again I got an RFE. I dn’t know what to do now do I have to change the employer or withdraw the applications and apply again, Please suggest me something. Thank You!

  2. Prateek on September 15, 2015 at 10:30 AM

    Hi,
    Very informative article.
    I have a question that-
    My wife got her H1b Visa and she will be travelling in the next month to US.
    I will have a H4 Visa.
    We both have 5 years of work experience.
    How can i convert my H4 to H1b?

    1. Am i eligible to file I-140 form?
    “According to the information on UCICS page
    pt. no. 4, -> A skilled worker (requiring at least two years of specialized training or experience)”

    2. Should i search consultants in USA to get my H1B filled, then wait for lottery result?

    Please guide!!

    • Raghuram Sukumar on September 19, 2015 at 12:46 PM

      Check out H4 visa options course.

  3. Susi11 on June 29, 2015 at 9:02 AM

    hi,
    My husband has H1B (extension after 6th yr & I140 approved) expiring in august 2017 and my H4 expires in January 2016. can I apply for my H4 EAD? Will the EAD be issued till my husband’s H1 B expiry or my H4 expiry?
    Thanks.

    • Raghuram Sukumar on June 29, 2015 at 11:36 AM

      Post your status specific questions under Ask An Attorney page.

  4. Pooja on June 8, 2015 at 10:46 AM

    Hi,

    I will appreciate if you can help me with one immigration query I have:

    Here are the facts regarding my husband’s immigration status:
    Currently on H1B – already used 4 years 2 months of total 6 years
    Application for PERM – ETA Form 9089 – filed on September 21, 2014
    Case picked up for Audit review – March 16, 2015

    My immigration status:
    Currently working on OPT which will end on July 22, 2015
    H1B not picked in lottery

    My query is:
    What is the earliest time my husband can apply for my H4 EAD?

    Thanks

    • Raghuram Sukumar on June 13, 2015 at 7:22 PM

      I-140 should be approved for H1B is extended beyond 6 years. With Audit of PERM, you have to wait for PERM Approval. Audit Processing time shows Nov 2013 case is being handled. Which is about 1 years and 8 months for PERM Approval, then I-140 ( premium will takes 2 weeks).

      • diana on June 18, 2015 at 10:34 PM

        hi i get an update on my EAD application like …. “card was ordered to be produced..” can you plz tell me what does that means?

        • Raghuram Sukumar on June 18, 2015 at 11:17 PM

          Congrats. Your H4 EAD is approved. They are creating a new card. You should get it soon.
          Can you send screenshot of status?

  5. Nancy on May 23, 2015 at 7:24 PM

    Anyone know what eligibility category code need to be chosen for H4 visa of H1b applying for EAD.
    Is it (a) (7) ?? Instruction listed all others except H4 of H1b holder.
    Thanks you very much

  6. Veer on May 21, 2015 at 8:59 PM

    Hi,
    My wife got her H4 Visa stamped and arrived to the US in April 2015. I have an approved I 140 and I think my wife is eligible for the EAD. My current H1B Visa is set to expire on September 30th, 2015. Hence my wife’s H4 is also valid till Sept 30th, 2015. The applications for extension of my H1B and my wife’s H4 visa were submitted last week under regular processing. Below are the questions:

    Question 1: Should I wait for my H1B extension to happen before applying for my wife’s EAD?

    Question 2: If I apply for her EAD on May 26, will the EAD be valid till Sept 30, 2015 or will it be valid for 3 years because the H4 extension will be for 3 years.

    Question 3: Is there a cap on the number of EADs that will be issued? Will the chance of getting the EAD reduce if the application is submitted later on say in July.

    Thank you,
    Veer

  7. Rashi on May 14, 2015 at 9:44 AM

    Hi Raghu, thank you for taking time and posting this great video. I have couple of questions. I am on H1B that expires next year in October and my husband is also on H1B and he have his Green Card filed from long time and I dounderstand that I am eligible for H4EAD if I come on H4.

    I like come on H4EAD from H1B and I more inclined to do some business or do any job on this status.
    1) Should I have to go through H1B>H4>H4EAD? Can i continue my job during this process or have to leave my job?
    2) If I have to leave my job how long this process might take?
    3) I had an option to file green card through my company..(in slowest category). However I withdrew it as I like to be on EADH4 and have flexibility to do business. Does that make sense? and can i take a break of few months(leave company) anytime before expiry of my H1B next year and file underH4EAD.
    4) Is there any risk associated due to high number of applications that will go to immigration for EADH4 that might slow down the process (like we have for green card).

    These questions might help other folks too in similar situation and have (or haven’t) thought from different angles.

    • Raghuram Sukumar on May 14, 2015 at 12:00 PM

      Good set of questions and it’s tough to answer in detail, but will give it a shot here.

      1) Should I have to go through H1B>H4>H4EAD? Can i continue my job during this process or have to leave my job?
      Yes. You have to be in H4 to apply for H4 EAD. So, H1 to H4 then H4 EAD.
      There could be break in your employment ( between H4 to H4 ead). You can work till you get H to H4.

      2) If I have to leave my job how long this process might take?
      EAD processing time = Break time. It can be 3 to 4 months.
      3) I had an option to file green card through my company..(in slowest category). However I withdrew it as I like to be on EADH4 and have flexibility to do business. Does that make sense? and can i take a break of few months(leave company) anytime before expiry of my H1B next year and file underH4EAD.

      This totally depends on your needs and wants with your life, career and other factors.
      4) Is there any risk associated due to high number of applications that will go to immigration for EADH4 that might slow down the process (like we have for green card).

      What kind of risk are you assuming here?

  8. Srinivas on April 27, 2015 at 6:42 PM

    Hi Raguram –

    I am working for X company and i am applying GC through Y company, If i get 140 from company Y , is my wife eligible for a EAD or not ?

    If yes, then if i change company from X to Z in between my wife EAD is valid or not ?

    Thanks
    Sreenivas

    • Raghuram Sukumar on April 28, 2015 at 7:59 AM

      As per my understanding your wife is eligible for EAD even though it’s not stated in the Rule. When time comes talk to an attorney.

  9. sujith on April 20, 2015 at 2:55 PM

    Hi
    I have one question
    I am holding i-140,currently my wife is in India she will be back only on Sep 2015 can i file her H4EAD after she come back from her india.

    is their any specific date for filing EAD?

  10. Prathibha chandra on March 1, 2015 at 2:01 PM

    Hi,
    Currently I am on opt dad which will expire on November 2015, meanwhile my employer asking to start h1b ,so I sent my documents and he wanted to do on premium base with additional charge $1225.00.
    But I came to know that h4 ead will start from May 2015, so I am in dilemma that proceed to h1b (premium/regular) through my current employer or directly apply h4 ead three to 4 months before my opt ead expires?

    What is your suggestion, I have only three days to take decision on go to h1b or not?
    Your response would be more appriciatable
    Thanks
    Prathibha

  11. Ravi on February 26, 2015 at 4:52 AM

    Hi,
    I have an approved I-140. My Wife is currently on OPT stem extension which expires June 30 2015. We were planning to apply for H1B this year for her. But now, we would like to take advantage of new EAD for H4s rule. Does she have to first change to H4 and then apply for EAD? It looks like this process will atleast take 3-4 months. Her employer will not allow 3-4 months break time. Is there a way for her to move to H4 and get EAD without losing her work permit that she has now(her OPT stem extension)?

    Regards,
    Ravi

    • swetha on February 26, 2015 at 4:12 PM

      Hi Ravi!

      I am also in the same situation with my OPT ext ending on June 30th 2015.
      As per today’s teleconference, we can apply for H4 status plus H4 EAD altogether!
      May be, we can submit the receipt (which is received after sending the documents, stating that it is under progress) to the employer and see if it works?

  12. Shan on February 25, 2015 at 4:16 PM

    Hello,

    I am currently working on my CPT and applying for my H1 this year. My fiance is working on her H1 visa already.

    How do I apply for my I-140 in order to be married and go to H4 status and get an EAD card eventually?

    Please let me know. Thanks!

  13. Raghuram Sukumar on February 25, 2015 at 6:49 AM

    I know I haven’t answered all your comments here for the reason you should know. Time. I have been bombarded with questions in last 24 hours and same question have been asked multiple times in different blog posts.

    I will be doing a webinar (limited seats), so I can answer all your questions to my knowledge in next couple of days.

    Thanks for your understanding. Please post your questions. Look for Webinar Announcement today in the blog and via news letter.

    P.S. Don’t forget to sign-up for the newsletter to stay updated with the latest news.

    • riya on February 25, 2015 at 8:58 AM

      Hi
      Why my comments are not visible

    • Sairam on February 26, 2015 at 6:45 PM

      Hi Raghu,

      I have been in the US for about 2 years now on H1-B visa. If I initiate my GC (NOTE: 6 years on H1-B not completed in USA), assuming I get my I-140 approved by mid of 2016, can my wife who is on H4 get EAD?

      I have been told that H1-B holders who have been in the US for less than 6 years are not eligible even if the GC is initiated? Please clarify this query.

      Also pasting an excerpt from USCIS site for your reference:

      The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

    • Sairam on February 26, 2015 at 6:46 PM

      Hi Raghu,

      I have been in the US for about 2 years now on H1-B visa. If I initiate my GC (NOTE: 6 years on H1-B not completed in USA), assuming I get my I-140 approved by mid of 2016, can my wife who is on H4 get EAD?

      I have been told that H1-B holders who have been in the US for less than 6 years are not eligible even if the GC is initiated? Please clarify this query.

      Also pasting an excerpt from USCIS site for your reference:

      The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

  14. Venkat on February 24, 2015 at 11:01 PM

    Hi,

    I am on h1 and I have not yet started my Gc process yet. If I apply for Gc through my current company and get to the stage where my i140 is approved and then apply for my wife’s Ead. Then if I change my job will my wife still be able to work as the other company would have to start the process again.

    Thanks.

  15. spandana on February 24, 2015 at 2:44 PM

    Hi, Basically i am a H4 visa holder, but Currently i am on F-1 visa studying masters. My husband had I-140 approved. My question is, Am i eligible for H4 EAD???Can i apply EAD on F1-Visa???

    • Nataraj on February 24, 2015 at 3:16 PM

      I have the same question for my wife too Spandana +1 to this question , let me know if you find out

  16. srini on February 24, 2015 at 2:32 PM

    Hi,

    Last year i applied for h1b and got approved and started looking for jobs from feb 2015.I am on h4 from last 6 years.Even though if i change my status to h4 do i get h4 ead,am i eligible for this rule..please help me out.

    Thanks

    • srini on February 24, 2015 at 2:34 PM

      My Husband got his I140 approved and 6+ years and extension .. am i eligible

      • Raghuram Sukumar on February 24, 2015 at 2:36 PM

        Yes. You are 🙂

    • Raghuram Sukumar on February 24, 2015 at 2:37 PM

      Your H1 should have started from Oct 1, 2014. What did you do till Feb 2015? Did your employer pay you?

  17. Sridurga on February 24, 2015 at 1:06 PM

    Currently I am on H1B, and my husband having approved I-140 and stayed in US for more than 6 years and had extensions on his I-140.

    Can I apply for EAD directly or do I need to move to H4 to get this EAD?
    How does it work for me?

  18. Srini on February 24, 2015 at 12:56 PM

    I have a question regarding the h4-ead . I have an approved i140 from my previous employer and recently moved to a new employer. The New employer also filed my PERM with DOL this week. I wanted to check since I already have an approved i140 , will my wife be eligible for H4-EAD . Please let me know .

  19. Sibel on February 11, 2015 at 11:51 PM

    Hi;

    if my husband have approved i-140, can I get EAD ? I am on H4 now

  20. shailesg on February 6, 2015 at 1:55 PM

    Hi,
    I have 2 employers who are ready to file H1b for me.
    1.,Is it legal?
    2. If so, do i have to tell USCIS if any of the application get selected that i have filed with 1 more employer, no matter if its selected or rejected.

  21. Abhi on December 16, 2014 at 11:50 PM

    Hi Raghu,

    Great job on this article. I just have a question.

    I am on H1 from this past october and I have an option to initiate Green Card process through my employer. There are two ways: go for a EB3 now or wait for some time(~2 yrs) and then apply on EB2. I am pretty confused which way to choose.

    Considering how dynamic situations are now, I am weighing options between EB3 and EB2. I am thinking if the category makes any difference to me since anyways I have 2 more yrs to go for EB2 or I can start with EB3 now.

    Please advice.

    Thanks,
    Abhi,

  22. chiru on December 11, 2014 at 7:32 AM

    Hi,
    I have few doubts regarding my H1 interview.
    I had applied H1 thought my present company and got the approval. I had filled ds-160 form in the month of october and I was waiting for the offer letter from us office to schedule the interview. Now I received the offer letter, but in the ds-160 i had filled the intended time of travel is nov-2014. But the new offer letter says its from march-2015. Should I have to fill new ds-160 or is it ok to continue with the old ds-160 application.

  23. krishan on December 6, 2014 at 10:31 PM

    HI Raghu,

    I don’t see EAD for I140 approval with this executive order. Checked with my attorney and she confirmed. We have to wait for priority date to be current for I1485 filling. 🙁

  24. Raghuram Sukumar on November 26, 2014 at 9:07 AM

    Eligibility Criteria for #EADforH4
    Visa holders. I have seen 100’s of questions in this format “This is my
    situation, Am I Eligible for EAD?”. We just have 2 criteria and once
    the Final Rule is Published, we will know the Exact Details with Rule
    Implementation Date with Application details.

  25. Raghuram Sukumar on November 24, 2014 at 6:55 PM

    I’m getting ready for another interview with an Immigration Attorney. This interview will have laser sharp focus on one piece of Executive Action – Entrepreneurs. Are you excited to watch the interview?

  26. Raj on November 24, 2014 at 6:55 AM

    very good bro.. we really appreciate your efforts in making these kind of videos.. keep doing,it helps a lot 🙂

  27. Rahul Malik on November 24, 2014 at 1:21 AM

    Hi, I’m on L1B visa 1st year , I am just keen to know will these new reforms affect L1B extension interview which I would be require to face after 2 years?

    • Raghuram Sukumar on November 24, 2014 at 8:11 AM

      There’s a proposal to reform L1B processing. Thtat’s how much we know so far. It can be several month before more details become available.

  28. Somnath on November 23, 2014 at 11:24 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?? In the video Murali says either of the two!

  29. AKS on November 23, 2014 at 11:15 PM

    I’m a F1 student and I have completed my OPT of 29 months under STEM, My employer have filed my I-140 and approved. I have filed my H1 twice after graduating but never got picked up in lottery for 2 consecutive years. My wife is on H1B (No green card applied ) and I’m on F1 (second time w/ I-140 Approved), am I eligible for EAD ?

    • Raghuram Sukumar on November 24, 2014 at 8:14 AM

      Are you using your CPT to work for your employer?

      • ASK on November 25, 2014 at 4:59 PM

        Unfortunately Yes, I work for part time only and Full time enrolled.

        I couldn’t find any other better way.
        My wife’s employer is ready to do GC now but I think that will take a while to get done the approval process.
        Q: Getting EAD is eligible for me in any scenario ?

  30. deepu on November 23, 2014 at 10:03 PM

    Hi Raghuram I have been fallowing ur blog from last year… it helping people like me.

    I have a question my husband has been to usa from last year by H1b visa , Im in H4 visa recently he got I-140 approval , Am I eligible to get EAD ? now we are confused whether i’ll join in college or wait for H4 EAD

    how long does it take to get EAD for I-140 approved ppl like me?

  31. Srini on November 23, 2014 at 6:54 PM

    Hi Raghu,

    Sorry my question might have answered previously, i could not find any answer for this,

    I got my I140 in Apr-2014 and I recently moved to new employer, my I 140 will not revoked and this is my 3rd extension, now my question is,

    1) after the rules are finalized, am i still eligible to apply for EAD with new employer?

    or still my new employer has to complete my PERM and I140?
    If my new employer has to apply for I140 then better I will go back to my old employer, kindly help me.

    Thanks,
    Srini

  32. Raghuram Sukumar on November 23, 2014 at 5:35 PM

    Please read other comments. Lot of questions posted here are repeated, answered in previous comments. Refer to the main thread on Immigration Reform and it’s comments sections. As much as I like to answer your questions, it really hard to answer the same/similar questions.

    • nirav on November 23, 2014 at 9:55 PM

      I tried to find thread in Immigration Reform without luck I didnt find it. If possible kindly request to send me a link

  33. nirav on November 23, 2014 at 3:09 PM

    Hi Raghu
    My I 140 is approved from previous employer. I transfer my h1b to second employer in Feb 2014 based on approved I 140. I have been on h1b since july year 2003. Its been 11.5 yrs. My new company is in process of applying labor.
    My wife came here in 2007 on h4b. In year 2008 she got her h1b. Since then she has h1b. Her company filed her GC but it went to audit 8 months ago. I have below ques.
    1) based on my approved i140 from previous employer, is she eligible for ead if she convert her status to h4b?
    2) if not then what are other options?

    Please guide us.

  34. KN on November 22, 2014 at 5:29 PM

    Thanks Raghu.

  35. Srikhu on November 22, 2014 at 4:02 PM

    Hi Raghuram , Is this H4 EAD only for I-140 approvals only or anyone staying beyond 6 years in H1B and Labor pending with BALCA will also be applicable ? can you pls comment on this ?

    • Raghuram Sukumar on November 22, 2014 at 8:43 PM

      Wait for few more weeks, we know the exact details.

  36. Mit on November 22, 2014 at 12:57 PM

    Hi Raghu – Its very nice of you to share recorded question-answer session here. It was very helpful. I’ve a question about H4 – EAD. My wife already has I-140 approved from one of her previous employer when she was on L2 visa and her employer filed for green card. Currently she’s doing her MS in Nurse practitioner (Healthcare) on H4. Also, I myself on H1 have approved I-140 from one of my previous employer. The current employer hasn’t initiated AC21 or filing process. Can my wife also get EAD based upon her previously approved I-140 or as a beneficiary of my previously approved I-140? Once this rule is out, I am planning to apply with both I-140 (her and mine) to make my case stronger.

    • mit on November 24, 2014 at 1:12 PM

      this is very specific scenario by holding 140 approved from my wife who currently doesn’t work. But she had previously approved 140 when she was working on L2. Can you please let me know if still eligible to get EAD?

  37. aashay deshmukh on November 22, 2014 at 11:33 AM

    Raghu i sincerely thank you, taking out time for an interview and to upload it.
    Correct me if i am wrong on this one
    1. If the I-140 is approved and one can apply for EAD and can change employers within the same field, without filing another labor and I-140
    2. if I-140 is approved, one can apply for I-512 Advance Parole and how long one has to be on advance parole before they can file I-485 adjustment of status, that was never mentioned by Obama nor in the memo by Jeh Johnson issued to DHS.
    3. Are they going to use those unused visas in the early 90’s to clear the backlog, which also was not mentioned but was discussed in the interview with Murali.
    4. Advance Parole is good for 1 year (i guess). One need to apply 4 months before to get a new one before it expires and can travel. It takes 2 months to process AP, so basically we are not in a employer trap but in a policy trap. (before it was both)
    5. Unless the provision to use the unused visas is implemented we will be on AP and EAD.
    .

  38. Manoj on November 22, 2014 at 9:46 AM

    Very informative video… Thanks for posting it..

    I have a question about my wife’s eligibility for EAD..

    I’m currently on H1B visa, have an approved I140, and just applied for another extension(second) for H1B based upon approved I140.
    My wife spent 6 years on H4 visa, moved to F1 last year, received OPT starting Jan 2014, started working and applied for extension to OPT 2 weeks back.
    Could you please tell if she is eligible to get EAD off my approved I-140. All the forums that I visited seem to say that it’s only for H4 visa holders. Should we start thinking about changing her back to H4. Also, the presidential address referred to this change for ‘certain spouses of H1B workers’ and didn’t mention that they should be on H4.

    • Raghuram Sukumar on November 22, 2014 at 9:51 AM

      If I-140 Approved then EAD. Simple.

    • Raghuram Sukumar on November 22, 2014 at 10:55 AM

      Option 1: EAD for H4 is be in discussion since 2012. Presidnet now gave go ahead to implement that. Time Frame – December, 2014 for final rule to be implemented.

      Option 2: Plus, second way for H4 spouses to get EAD is via I-140 Approval. Then both primary applicant and spouse can get EAD.

      Option 1 will be implemented by January 2015.
      Option 2 : can take several months.

      Got it?

      • Manoj on November 22, 2014 at 3:44 PM

        Thanks.. It’s clear to me about the spouses of H1B visa holders who are on H4 visa. What if the spouse of H1 holder shifted from H4 to F1 ( optional practical training ) and already has an EAD ( as given to students that’s valid for 12 months and extensible for another 17 months). You mentioned about people in H4 in both of your replies, that’s why I’m trying to be specific as my wife’s case is bit different. I’m on H1B, but she is on F1 visa ( though the last visa stamp on her passport is still for H4 visa, but the latest I-94 issued was for F1 category)

        • San on November 23, 2014 at 12:02 PM

          Same situation here Manoj…There are many people in the same boat as ur wife..I think no one has any answer right now for that question…lets wait and c …already we have gone through lot of effort and struggle to get OPT…Hope it turns good:-)

          • Raghuram Sukumar on November 23, 2014 at 1:43 PM

            This rule is for EAD for H4. So, my guess is that she would have to convert to H4 and then apply to EAD. I will cover this when rule is published.



  39. venu on November 22, 2014 at 9:21 AM

    Hi raghu, Is it true that there is no need to start GC process all over again with a new employer if we have approved 140 from old employer? do we have more details on that?

  40. GreenCardQuestion on November 22, 2014 at 4:15 AM

    Raghu – So what happens to H1B visa holders who has not applied for Green Card yet. If my I140 gets approved in Jan 2016, would this mean my priority dates would become instant? In other words, my priority date would not have a huge wait if my I140 gets approved in Jan 2016?

  41. statusqusn on November 21, 2014 at 8:14 PM

    Thank you for posting the video with attorney, it was very informative.
    My spouse has an approved i140 and it was applied when i was in H4. After h1b approval and cos starting oct 1st, I am in h1b and have 1 paycheck so far.Due to some issues(not so good market for my profile) , I would like to change my status back to H4. Will this cos impact the approved i140 application of my spouce,in the sense does it need any ammendments? Do I need attorney or can I try to fill i539 by myself and send it over to uscis? I would want to apply ead once the Obama’s new reforms take effect.

    • Raghuram Sukumar on November 22, 2014 at 8:12 AM

      You are the second person in recent days to planning to change to H4 for exact same reason. You can file I539 on your own. It’s simple process.

  42. H4spouse on November 21, 2014 at 6:18 PM

    Will the H4 dependant be eligible for EAD if- the H1-B holder’s 1-140 was approved from his previous employer?

  43. Ram on November 21, 2014 at 3:24 PM

    Thanks Raghu & Murali for the video.
    Though irrelevant — How is the prediction for 2016 H1b? Will there be a lottery process again like we had for 2015?

  44. Shilpa on November 21, 2014 at 3:16 PM

    Hi Raghu,
    I f I am not wrong, Eb3 visa holders get i140 faster than Eb2 visa holders as their applications are filed sooner whereas Eb2 guys have to wait for 6 years for the company to file application right. So in that case isn’t it better to be a EB3 visa holder?

    • Raghuram Sukumar on November 21, 2014 at 3:32 PM

      Totally incorrect. EB2 vs EB3 – I-140 is approximately same time.

      • Shilpa on November 22, 2014 at 1:48 PM

        So basically what you mean is both eb2 and eb3 get to thier i140 in say 6 years time?

  45. pisymbol on November 21, 2014 at 3:15 PM

    How do you exactly translate “approved LPR applicants” to I-140 and not I-485?

  46. srinath on November 21, 2014 at 2:11 PM

    Hi, I’m on H1-B visa (2nd year) and have PERM approved. My i-140 approval is in progress. Do I still be able to get EAD with i-140 approval in progress (or) should I go ahead with premium processing to have i-140 application approved to enable me to go ahead with the EAD? Kindly advise.

    • Raghuram Sukumar on November 21, 2014 at 2:16 PM

      This proposal will take time to be implemented. Don’t make I-140 premium for this EAD.

      • srinath on November 21, 2014 at 2:34 PM

        Thank you very much. If I shift to another employer after i-140 is approved, do I have to go through the labour & i-140 again with the new employer.

  47. pranavwit on November 21, 2014 at 2:08 PM

    Hello Raghu,

    Awesome information and great news for me and my fellow H1-b worker’s spouses. Thanks for sharing this information.

    However, I have a question regarding EAD for H4 specifically.

    Does it have any clauses that only H4 visa holder with specific fields (Technology or Science) will be eligible for EAD??

    My spouse is B.Pharm from India and will be joining related course in US college for 6 months. Will she be eligible to EAD if this is implemented?

    • Raghuram Sukumar on November 21, 2014 at 2:17 PM

      I don’t think so. With EAD, spouse can work anywhere or start a company.

      • pranavwit on November 21, 2014 at 2:40 PM

        Awesome, I heard about this kind of rumors a while back. Just thought to confirm. Thanks again for your wonderful posts. I have been following your website since I applied for H1-b… Good info.
        Thanks.

  48. patil on November 21, 2014 at 1:50 PM

    Hi What changes on F1 MBA IT student those who have one year OPT?

    • Raghuram Sukumar on November 21, 2014 at 2:18 PM

      Nothing as of now, but it can change when rule is finalized.

  49. Kanchana on November 21, 2014 at 1:24 PM

    EAD for person with approved 140 does it still ties us with the current employer who filed for our GC or are we free to choose any employer ?

    • Raghuram Sukumar on November 21, 2014 at 2:19 PM

      You can change employer after filing I485 and working for 6 months. But, that can be updated and changed. Wait and see.

  50. Sabu on November 21, 2014 at 12:27 PM

    Thanks Raghu. Very useful.

  51. curious on November 21, 2014 at 12:04 PM

    Hi I have a question, when they say they will streamline the immigration process and will make use of the unused green cards from previous years , will the status all category of green card(like family based )become current or is it only the eb2 or eb3 ?

    • Raghuram Sukumar on November 21, 2014 at 12:06 PM

      Where did you read about “unused green card” part?

      • curios on November 21, 2014 at 12:12 PM

        the visa backlog, around 8th min ,its the same thing

  52. Krith on November 21, 2014 at 11:30 AM

    Thanks for this Raghu! I really appreciate you having taken the time and effort to clarify this rather murky piece of information.

  53. Praveen on November 21, 2014 at 10:55 AM

    Thank you so much Raghu for such a clarity.

    – Praveen Sharma

    • Raghuram Sukumar on November 21, 2014 at 11:18 AM

      Thanks Praveen. I wanted to keep this short with ton of info. Murali did awesome job of explanation.

      • Babu Is Back on November 21, 2014 at 11:45 AM

        Raghu I have question regarding RFE. How long it will take to USCIS to give response to RFE. Almost 90 days are done after filing RFE. So I want to know the maximum duration to respond to RFE. Please reply ASAP.

  54. Srujana on November 21, 2014 at 10:14 AM

    Very nice video.. clear explanation of all the points you posted yesterday.. Thank You!!

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