H4 Work Permit for Upto 179,000 Qualified Dependents of H1B Visa Holder in First Year
About 97,000 H4 Visa holders can get work permit, if EAD for H4 Visa rule is published.
That’s a huge number right?
Department of Homeland Security announced the criteria for on May 6, 2014 for H4 visa spouse’s who would qualify to get apply for EAD.
Under this proposed rule, 97,000 H4 Visa spouses will immediately qualify to get EAD. In additional it’s estimated that 30,000 new H4 Visa holders will be eligible to get EAD. This was announced at the press briefing today.
Back ground : H4 Work Permit
New rule was proposed back in February 2012 to give H4 work permit H1B Visa holders spouse.
As you may know, spouses of H-1B visa workers will get H-4 Dependent Visa.
Unlike L2 (depended visa for L1), H-4 visa holders don’t qualify to receive EAD.
EAD stands for Employment Authorization Document, that gives work permit.
With this new rule, 97,000 spouses could become immediately eligible to get EAD work permit.
Want to learn more about this rule?
Go to this article – EAD for H4 Visa Spouse.
You can find the timeline, activities and why it got delayed for over 2 years.
Criteria to H4 Spouse to get EAD Work Permit
Here’s 3 qualifying criteria to get EAD.
H-1B visa worker should have started process to get permanent residence process ( aka Green Card ) and based on that one of two conditions have to me meet as listed below.
- I-140 Petition should be approved for H-1B Worker (and/OR)
- Granted extension of stay using AC21.
Here’s what it boils down to
- H4 Visa gets EAD if H1B I-140 is approved ( and / or)
- H4 visa gets EAD of H1B is extended beyond 6 years using AC21
Actual Proposed Rule’s document. This rule will be published in Federal Register in next couple of days. Public can comment on this rule for 60 days. ( Public comments ended on July 11, 2014)
Approved I-140 to get EAD for H4
Employer should have started Green Card Process. For those who don’t know about the Green card Process, I suggest you read the following article
For H4 spouse to get EAD work permit, H1B worker should have completed Step 2 of the Green Card Process.
This criteria disqualifies several thousands of H4 Visa spouses.
As of today, if you start your green card process with your employer, it can take anywhere from 1 to 1.5 years to get I-140 approval.
If you haven’t started your green card process, now will be good time to talk to your employer.
AC21 Extension to get EAD for H4
AC21 stands for American Competitiveness in the 21st Century Act.
It gives two benefits
- Allows H1B Workers to change jobs before getting green card
- Allows extension of H-1B visa status beyond the 6-year limit.
So, that’s 2 criteria to get EAD.
- Good News : About 97,000 H4 visa holders can apply for EAD. Plus 30,000 more per year.
- Bad News : Several thousands of H4 spouses will not qualify under this rule, since employer haven’t or will not apply for green card.
97,000 H4 spouses can benefit immediately : Implies the number of H1B workers with I-140 approved and waiting for Green Card.
30,000 H4 spouses would be eligible per year after that. This implies that about 30,000 new I-140 applications are approved per year from H1B workers.
Now, let me relate that with H1B Cap Numbers.
- Annual Cap : 65,000 + 20,000
- Cap Exempt : About 40,000 ( tough to find the exact numbers with data from USCIS )
- Total : 125,000 H1B workers.
As per DHS, 30,000 more H-4 visa holders can get EAD.
Which implies about 90,000 H1B workers don’t go through the Green card Process.
Here’s another data point about Green Card Applications ( will post the source here )
- IT services company filing for green card : 0 to 12%
- US based company filing for Green Card : About 60%
Now, you know your chances of getting EAD as H4 Visa holder.
I’m qualified H4 Visa non-immigrant, When can I apply for EAD?
I know you are excited. But, as you see in this article EAD for H4 Visa Spouse, this rule was proposed back in February 2012 and it hasn’t been implemented.
This is still in RULEMAKING stage and Not implemented.
This rule is considered implemented only when it’s published to Federal Register.
What is Rulemaking?
Federal regulations are created through a process known as “rulemaking,” which is governed by the Administrative Procedure Act
Once an agency decides that a regulatory action is necessary or appropriate, it develops and typically publishes a proposed rule in the Federal Register, soliciting comments from the public on the regulatory proposal. After the agency considers this public feedback and makes changes where appropriate, it then publishes a final rule in the Federal Register with a specific date upon which the rule becomes effective and enforceable. In issuing a final rule, the agency must describe and respond to the public comments it received.
When will this be published to federal register?
Here’s the official word from DHS
Both Notices of Proposed Rulemaking will soon publish in the Federal Register
Now, we know based on past results, soon can be this year or 2 years from now.
But, this initiative is coming straight from the White House. So, there is a lot of hope for this rule to be published by end of this year (or may be sooner).
Timeline to Publish this final rule?
Update – As of Feb 24, 2015, Step 9 is complete.
Questions?
Do you have any questions about this new rule?
I will be happy to answer your questions posted in the comments below based on the understanding I have about this rule.
Related Articles :
- Answers to Top Questions on EAD, H4 and I-140 ( video interview with Attorney )
- H4 Work Authorization Rule’s 3 Side Effects
![[News Flash] FAQ’s for H4 EAD Application is Now Available. Ready to File H4 EAD?](https://www.happyschools.com/wp-content/uploads/2015/05/FAQs-H4-EAD.jpg)
Hello Raghu,
I have got my I-140 approved but my H1-B transfer is under pending (H1 -B transfer was filed in April 2015 and RFE received in Dec 2015 and replied by my employer in Jan 2016).
Can I apply for EAD for my spouse in H4 ?
You can but the validity of h4 EAD will be till h1b.
I had an EAD ( on L2), my husband then applied and got H1 visa, consequently I went on H4. We have an approved I140.
My question is, now that I am eligible for EAD, what option will I put a check mark to,
Permission to accept employment
or
Renewal of EAD?
hi raghurama,
I recently got married and moved to US a month back, My husband’s Visa H1 B expires at the end of September this year and his employer is working on with its extension, if i file my application for EAD on 26th will it affect the process of my EAD since my spouse’s visa will be in extension process . We are in dilemma whether to submit EAD application, please suggest your opinion.
what are your thoughts on the application process for H1 to H4 EAD?
What kind of thoughts ?
Dear Raghu,
By permting H4 holders to work,
Don’t you think there can be an up surge unemployment rate in the country ? and there can be local outrage against this as well…please comment!!
Hi,
I have my family celebration in July , that I have to be part of.
Will I be able to apply to this rule in the month of August ? Or there is any quota which will close soon ?? Kindly assist- What will be suitable for me !! Please help .
Regards
Moni
How do they pick 9700 EAD applications??
Is it same as Lottery system or first-come-first serve basis
It was an estimate from USCIS.
Hi,
Will H4 visa holder will get social security number now?
Waiting for ur reply…
Thanks!!
After getting EAD, you can apply for SSN.
Get the latest interview with immigration Attorney – He answered over 20 FAQ’s about EAD for H4 Visa. Interview was recorded right after Final rule was approved. Here’s link to Interview – http://goo.gl/GLVjqO
Hi,Regu
my name is sreejith, i am H4 visa holder my wife is working ust global. so i get H4 visa ,how to get H1B visa or gc .Please give me good solutions
thanks ®ards
Sreejith
Hi, I am working on an H1B(5.5 years completed) and have my I140 approved. If I change jobs now, will my wife have to wait till my new company completes my I140 again, or can she use the I140 from my last company to get her EAD. Any insights and even speculation is greatly appreciated.
Its already Dec 2014 and I qualify to get EAD, as per the rule. Any ideas on to how long do I need to wait?
Hi Raghuram,
I am working in H1B since 2 year. My husband’s I- 40 is approved and has exceeded 6 yrs in H1b. His priority date is Nov,2010 under EB2 category.
My questions are
– Can i continue with my current job and be employed while the process for getting EAD goes through?
– If convertion to H4 is needed to get EAD. Then how long would you have to be unemployed until you get EAD?
– How long does it take to get EAD from either H1b or H4?
Is there premium processing to get the process expidated for me to get EAD?
Waiting anxiously for your response.
Wait till we see the final action of the rule. I plan to do another video when the rules is implemented.
Hi Raghu,
I am eagerly waiting for your answer the rule is passed now. Can you please answer below questions. Really appreciate your help
am working in H1B since 3 years. My husband’s I- 40 is approved and has exceeded 6 yrs in H1b.
My questions are
– Can i continue with my current job and be employed while the process for getting EAD goes through?
– If convertion to H4 is needed to get EAD. Then how long would you have to be unemployed until you get EAD?
– How long does it take to get EAD from either H1b or H4?
Is there premium processing to get the process expidated for me to get EAD?
I will get answers to this from attorney tomorrow.
Waiting eagerly for your response. Thanks.
I have the same questions as above and I also want to know if it is really advisable to switch from H1 to H4 and get EAD. What are the benefits and downfalls if any. Waiting for a reply from you.
If I am currently on F1 visa which is going to expire, can I apply for H4 work permit if as the spouse of an eligible H1B candidate?
Hi Raghu,
Senate Elections are over, so is there any update on getting EAD for H4 visas?
Thanks a lot!!
I am here on H4 visa and I just got married to US citizen. I am now applying for green card (I-130) and my status adjustment (I-485). What should I do to get a work permit as soon as possible?
Do we have any latest update on this? It has become really had to find any information.
Unfortunately H4 visa holders don’t have millions votes to like Mexicans nationals. So, we are not on the top priority list. I don’t think this will happen before elections.
Hi Raghu,
Senate Elections are over, so is there any update on getting EAD for H4 visas?
Thanks a lot!!
I have been tracking this since Feb 2012 🙂 every news looks promising, but results are the same so far. But, keep your hopes up. Above all do your part, not just wait for rule to pass. Call your congress member, write to USCIS, etc.
Hi Raghu, I am on H1 and my GC processing have gone into BALCA my company has applied 7th year extension for me as my GC processing priority date is Dec 2012, as I fall in the criteria of GC filed 365 days prior to 6 year completion. I recently received 7th year extension till Sep 2015, will my dependent H4 spouse be eligible for EAD in case this rule is passed?
If this rule does not pass soon I am planning to leave this country and go to a country where there is no restrictions of dependents working eligibility. My wife has a 4 years experience as a Software engineer and she quit her job to be with me hoping she could work here in US, we have been trying to get her H1B visa filed in last 2 consecutive years and her H1B petition did not get selected in lottery for both attempts. Can you believe it…
According to AC21 yoru wife should qualify. Let’s wait and see of final rules (if they publish). I feel your pain Sam.
Do you have any idea about the updates on this rule? Or how long will this take to get implemented as a law??
Never…
In case the spouse qualifies for the EAD and receives it, does it mean no need to maintain H1b and H4 after?
I’m thinking EAD will be tied to your H1B validity.
You do not need to maintain H1B after you receive EAD. But you will have to maintain the EAD on your own yearly until you receive your GC. (on your own – you have to pay for it, not the employer). It’s safe to change your job AFTER 6 months of receiving your EAD. The best thing, talk to your immigration lawyer.
Hi I am planning to do a aesthetician course. If I get H4 work permit, will I be able to work?
You should be able to.
Thank you
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keeping fingers crossed and really wishing for this rule to be passed in this year.There are several men/women who are extremely talented and have a drive to work in USA. Sitting idle at home can make your mind sick and easily lead you to depression and weight gain,when that energy can be spent in making a good living for family.Couples/family who come on H1 visa are surviving here on single income.
Lets give maximum participation for the public comments and pass it along to friends and family to comment as well . Good Luck
Have you commented on the rule? If not, you should.
Not fair. What about H4 wives whose spouses have not applied for GC?
You have to be happy that there is atleast they might pass a rule like this. Government line of thinking : Why should we care if someone on H4 is here just for 3 months or 2 years and not committed to being here for long term?
Hi Raghu,
Good post. I have a few doubts, I hope you could help:
i) My husband received I-140 twice for his stay of about 4 years in this country, he changed the job first time, and received an I-140 again while in the next job, but he is planning to switch to a different company, do you have any idea if a previous I-140 could continue, or will the whole process will have to be done again.
ii) I am hearing everyone speak that H1-b spouses will be qualified for EAD, after passing certain criteria. I have some background info, but my doubt is how does one get, like do a person need to apply for it? if yes, where? What is the name of the office where such applications are to be made by an H4 candidate, whose husband’s I-140 has been approved? Are you aware of all the steps? Or, any tip might do as well.
Thanks
Manjory
ii) second part continued.. or will it all be automatically done and our status will reflect as Candidates with EAD?
I am a researcher working for non-profit org. and my H1 is exempt from CAP. My spouse was working on EAD as J2 previously and now she/he cant (H4) with the present rules.
Does she/she elizible to get EAD with new rules?
I don’t know the answer. Wait till the rule is approved, then consult with an attorney.
What happens if I 140 was approved and then i changed my employment. New employer has started process and it is in advertisement stage yet. and if previous employer withdraws I140 then still my spouse will be eligible to get H4 EAD ? or i have to wait until new I140 approves ??
I-14- have to be active. If previous employer withdraws, then check if you qualify under AC21 rule.
I have just completed 2 years on H1 B. Today only I got an notice from attorney of previous employer that they are going to withdraw my I 140. I did get 3 years approval with my new employer so not sure if I am under AC21 rule or not.
If approved. Not looking for exact dates,but looking for a fair guess.
What is the anticipated date H4 can start applying fro EAD, and what could be the process? Also L1 ppl pls share how they apply EAD for their spouses.
Hi Raghu,
I am on H4 and got to read your article on 2 steps to get EAD on H4.
However my husband is on H1 and we fail on 1st criteria of GC processing however can I apply for EAD through AC20 extension criteria as our visa is going to be extended after sept 2014…please let me know…thanks.
Hi Raghu..Could you please help me with the answer of my question?
Thanks,
Monika
Unfortunately, no. It isn’t a either/or requirement, it’s both. BTW, you will need an approved 140 to do an AC21 extension.
Ra.
Below is excerpt directly from the federal Register site. Your interpretation of either/or is incorrect. It IS an either / or condition.
“This population will include those H-4 dependent spouses of H-1B nonimmigrants if the H-1B nonimmigrants are either the beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) or 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 thought, that’s what I have listed. This or that.
I think you can. Once this get published. I will do a Q&A with an attorney.
That is a huge development and welcome news for all wives who have been stuck at home for so many years
Hi,
I am working in US on H1B. Till now I had spent only one year in US. I still haven’t started the GC process. My wife joined me recently by resigning her job in india. She has 7 years of IT experience in india. She is on H4 Can she get EAD? If yes, how long it would take? Is it better to convert h4 to h1 instead of waiting for EAD?
regards,
G
Hi. I am a resident doctor. I have H1B Cap exempt visa for 3 yrs. My Husband has EAD but he still is working under H1B. I am looking for H1B cap exempt jobs to get started in this October. Would I qualify to get EAD? And can it happen by this October?
Unfortunately I don’t have any other info that what I have listed here.
Hi,
My husband is on H1B and planning to start the GC processing. We are here for almost 2 years. So to complete the 2 stages of GC it will take how many years? Will I be eligible for EAD and when. Since, as of now I am not in any f this category. Please advise; going through a tough situation. If not working I a planning to do MS.Is that a wise decision?
Refer to articles under Green Card Category.
Thank you for the response. I would like to know for how many months is the rule valid?
I will find that. good question.
I didn’t get a reply. I think the Visa bulletin is out.. Could you please check and confirm. Thank You
Can you check here – http://www.regulations.gov/#!documentDetail;D=USCIS-2010-0017-0001
Is there any educational criteria for whom the rule will be effective? I am Finance Background.
Hi raghuram. I’m not sure how long it might take for my wife to get EAD, but appreciate your effort to make things as clear as possible. Keep up the great work. Looking forward to more developments.
I changed my job 2 months ago and I had my I-140 approved with my previous employer. My current employer will be filing for Labor in a month. Also I will be completing my 6 years on H1B and entering into my 7th year in October. Given the scenario above would I be able to apply for EAD for my wife?
Hi All,
My Husband is in 7th year of H1B and have an approved i140 . I originally came to USA on H4 visa in May 2010 (prior to that i was working in Australia for around 4 years). changed my status to H1B after 17 painful boring months in Oct 2011 and i am on H1b since then(got my visa stamped recently in India).
I have been getting a lot of exciting opportunities and i want to change my job. the problem is not all companies are willing to transfer my H1B. so if i change my status back to H4 will i be eligible for an EAD according to the bill?
what are the steps i need to follow? can i continue employment during the change? this will help me avoid the hassle of applying for H1b transfers and will get flexibility to take long breaks between jobs if needed.
Any help is appreciated and thanks in advance. Good luck all !
Hi VJ. Please post here if you get an answer for this. I am going trough the same situation.
First.. let this rule come to light. When its time, I will post as much info as I cane about the rule.
First.. let this rule come to light. When its time, I will post as much info as I cane about the rule.
This is great information. Hopefully this proposal will be finalised. It would help out a lot of dependents! Thank you
Let me give a brief on my status,
I am a L1A visa completing 7 yrs max in Dec 2014. My company doesnt sponser GC 🙁 My husband is a MBA from a top tier school with I140 approved. Come December, I was going to change my status from L1A – H4. If this rule is passed, do I qualify to apply for H4 EAD and start working again OR do I have to be out of the country for 1 year to qualify for this?
This is great information. Thanks.
Let me give a brief on my status,
I am a L1A visa completing 7 yrs max in Dec 2013. My company doesnt sponser GC 🙁 My husband is a MBA from a top tier school with I140 approved. Come December, I was going to change my status from L1A – H4. If this rule is passed, do I qualify to apply for H4 EAD and start working again OR do I have to be out of the country for 1 year to qualify for this?
This is great information. Hopefully this proposal will be finalised. It would help out a lot of dependents! Thank you
Let me give a brief on my status,
I am a L1A visa completing 7 yrs max in Dec 2013. My company doesnt sponser GC 🙁 My husband is a MBA from a top tier school with I140 approved. Come December, I was going to change my status from L1A – H4. If this rule is passed, do I qualify to apply for H4 EAD and start working again OR do I have to be out of the country for 1 year to qualify for this?
Very interesting find. She’s not related to this blog. I found that photo in Flickr under creative commons license. I should reach out to her 🙂
This rule is published today
So now its open for public comments for the next 60 days?
Raghu, I have a unique situation. We have been living in the US for 9 years. My wife has an approved I-140 and waiting on her priority date of September 2010. Recently, I maxed out my own H1B visa (April 2014) and had to return to India. The initial plan was to reset my status by staying in India for a year and then wait for my firm to sponsor an L1 visa and get back to the US.
My wife still continues to live and work in the US on her H1B post I-140.
Now if this rule holds true, I am planning to file for a dependent H4 visa this July and be back in the US by October (hoping by then the rule would have been implemented).
Now, my question is – is there a pool of people whose EAD application will be considered or even my application with a fresh H4 will be accepted by USCIS? Will I have to wait until next year to apply for an EAD?
Thanks for your help
There’s no quota or cap for EAD. When this rule is implemented, you pay a fees of $320 to get 2 years EAD, which can be renewed. No need to talk to your employer.
Hi, I don´t fully understand the AC21 requirement. Does it mean that you need to pass the 6 years with the H1B? I have been 1 year with the H1B and request my employer to apply for the green card this year. Does it means that even if the I-140 is approve, my spouse won´t be able to get the EAD because we don´t have the AC21 extension? Can we request the AC21 extension even without getting to the 6 year of H1B?
Thanks a lot.
It’s an or requirement. I-140 approved or Labor (PERM) application is pending for more than 1 year (AC21)
Hi- Once this rule is in place, how or to whom should I approach for H4 to EAD conversion? Should that be my employer or USCIS directly?
Apply directly with USCiS for EAD. Not need to deal with your your H1B spouse’s employer.
All the calculations sound good, but it seems like you are assuming that everyone on the H-1B visa is married?
I know several people on H-1B who are not yet married and have started the green card process already.
Raghu,
Any idea how this might affect L2 spouses who have EAD due to being on L2 but are changing the status to H4 as their spouse is changing status to H1 ( COS or consular processing? Reason of course being I am in this situation. I am L1 and my petition for H1b got selected this year
Thanks in advance,
kan
My husband is in H1b with 140 approved in EB3.As a h4 spouse of h1b then i might get EAD but i am in H1b and my 6 years of H1b will expire in April 2016.Can i go back to h4 after April 2016 and then get EAD based upon my husband visa and i dont want to do h1b extension after that by filling my own GC labor to get 1 year h1b extension.
Hi I had a previously approved i140 and after my position within the same company changed my employer has filed a new PERM and once that is processed , my priority date will be recaptured. Will that make my spouse eligible during this time when my perm is being processed if the rule gets approved by then?
When will this take affect?
I have a similar situation. I-140 approved for past employer and not revoked. My current employer is going to port EB3 to EB2 first and then apply for I-140. These two process at least take 2 years. So if this new rule implemented, will my wife eligible to apply for EAD with my past employer I-140?
I know lot of you have questions about if I qualify to get EAD. Is there time a time limit or degree requirements, etc.
Rule has just this one requirement.
IF (I-140 Approved) Then EAD (Eligible)
ELSE (Not Eligible)
Its not entirely true. AC21 clause applies to people who completed 6 yrs on h1 and have applied and waiting more than a year for labor. Their spouses are also eligible for EAD (if this rule passes).
Who is Eligible for H1B Extension Using AC21?
You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. Or, if your I-140 has already been approved
Does it mean :
1) There’s no clarity as of now as to how exactly the rule might come .It may be modified later on to be applicable to people with certain degree requirements ?
2) The rule requirement is simple and shall remain so .
Also I have one more question:
I’m a software engineer with 4 yrs of exp in India and have moved to usa on dependent visa. But want to work in a different domain/be an entrepreneur. Do you think it’s possible to work under a different field other than my area of expertise once I get EAD ?.
Hi, One of my friend has I-140 approved and his spouse does not have IT background. It has completed B.Com. If this rule gets approved, can she apply for EAD?
My husband is in the 8th year of H1B. Also in the process of GC under EB3. His I-140 is approved with the employer A. Now he is with new employer B.New employer is going to (1.port EB3 to EB2 and then 2.Apply for labor) . employer A did not revoke I-140. My question is : Am I eligible to apply for EAD when this new rule is implemented.
Hi,
I have an interesting question in this regard.
1. I have a I140 approved and waiting for priority date to be current. My wife is in OPT status. So moved from H4 to Opt this summer. To get EAD does she need to move to H4 1st and then apply for EAD?
2. Assuming she gets her EAD, if i change my employer with Approved I140 but before AOS(i485),, What will happen to her EAD? I know in my case the new employer has to file LC & I140, but i get to keep the previous priority date. Curious about what would happen to EAD for H4.
Thanks
Bis
I am on H4 for past two years and never got luck with my H1B for two times in row. I am afraid if this is going to continue forever. I could hope to work on GC which has been filed for more than five years for my husband but no updates. This rule will really help the helpless H4 candidates. Its a new ray of hope for them . US govt should understand the need of an hour that its more than difficult to survive on single income in this country and it is more than a punishment to stay at home without doing anything. Looking forward to start working within few days / months with this NEW RULE..
I agree lets join hands to create awareness on the rule and keep fingers crossed for best to happen
I am on H4 visa. My spouse’s I-140 is already approved, but she has been on H1b only for 4 years. Will I be eligible to apply for EAD.
Sound like you would be. You just need I140 approved or more than 6 years on H1B.
I am on h1b..past 6 years…GC applied …i140 approved. engineering work… so my wife is eligible to work ? does she have to go through any quota or is that a blanket? also when is your estimation on getting it implemented
I had 140 approved with my previous employer (priority date portable). The new employer just started the process. Can my spouse on h4 be eligible for EAD as 140 was approved with prior employer ?
A further extension to the same question (I-140 approved, new job) I am in 7th year of H1-B and the new employer is yet to start the GC process, what happens when the previous employer revokes the I-140, is the h4 spouse still eligible for EAD based on more than 6 years on H1-B?
I think if I-140 is revoked, you can’t apply for EAD right? I-140 approval is not valid any longer. You wouldn’t have documentation to submit application to EAD.
What about the scenario TN asked? I-140 approved by previous employer and got extension over 6 years, current employer is in process of applying Labor. With the previous I-140, the dependent will be eligible for EAD?
The previous I-140 is not revoked.
Typically previously approved unless revoked can be used for H1B extension for 3 more years with new employer. So, under the same validity, spouse should be able to get EAD.
Adding this question to FAQ’s list. Will have a interview with attorney when final language is ready.
What are the areas of education this covers for H1B Visa holders’ spouses? I mean they should be only from Science and Technology background or they can be from any Educational background.
Nope. That’s not the criteria.
Thank you Raghuram. I also wanted to know requirements from H1B holder side. Is it enough if he has H1B Visa or he needs to be on H1B Visa for some years or he should have started GC process? Any requirements like these?
Hi Raghu,
Can you help answer my concern. My wife is on F1 visa and I have an approved 1-140 and have been working for more than 6 years in the USA. If this rule gets implemented, does she have to go back to H4 status or can we directly apply for the EAD even though she is on F-1?
This is only for EAD for H4 spouses.
Any news on O-3 visas too?
Hi, H1b is company sponsored visa. When h4 gets EAD, does that mean she can work for any company
Yup. she can even start a business.
The comment is not gender neutral. There is an implicit assumption that the H1B visa holder is a male and the spouse with H4 visa is a female.
“Hi, H1b is company sponsored visa. When h4 gets EAD, does that mean she can work for any company”
Plus 85% of H1b workers are Male. http://www.nytimes.com/2013/03/19/us/politics/gender-bias-seen-in-visas-for-skilled-workers.html?_r=0
Dear all,
application filed:06/19/2015
application received: 06/19/2015
my spouse has H4 stamped and it will expire on august 2016.
Rised first SR on sep 6 and get responded, that decesion will make within 30 days, and then I raised my 2nd SR on 23 September and have response my application in on hold due to security clearance…
Could you please let me know how much time it will take for security clearance, they all ready take 107 days now from application file, and My spouse have good opportunity from good company, I do not know how to expedite it and how much it will take time to get resolved.
please help me if you have same case or if you know how to resolved.
I don’t think anyone have expertise here help with your query. Security clearance is specific to your case and if you need help, you can hire an attorney to work with.
Hi, I am working as a soft. engg. in India. My H1b visa has been filed by one US company, but proceedings done by chennai (India) based company. Is it a safe way to file visa? Kindly let me know till when can I expect the lottery results?
This post is not for H1B Visa lottery topics.
I hope things went well for you Rohit. What do you mean by proceedings? Usually the things are handled by the employer who file your H1B. That company is whom you will be working for as a full time employee / contractor.
“Now, we know based on past results, soon can be this year or 2 years from now.”
This is not true.It takes 60 days to be in Federal register and then based on comments/feedback rule will become Final Rule which would be effective in another 60days at max.I guess it would be oct 1st for H4 (whose spouse H1B conditions as met) getting EAD.
Have some trust in what I say. I like to be published it sooner.
Read this – http://192.138.19.181/ead-for-h4-visa-holders-spouses/
2 years and 3 months since this rule was proposed.
Does that mean we have to meet both the criteria? I-140 and passed the six year statutory limit? Or are H4 who meet either one are eligible?
I have my I-140 approved and exceeded my 6 year H1B Quota. My wife is also in her H1B first year, can she apply for EAD or will she have to convert to H4 before applying for EAD.
Interesting question. I will have to find out from an attorney.
If that’s the case, would you have her convert tot H4 and get EAD?
Hi,
I am in the same situation.I am planning to convert my wife to H4 and get EAD.Is there any problem with this?
I was curious to know if you were able to find some information from an attorney.
I have posted my queries above.
Sonu
Hi Raghuram,
I am in the same situation as SG. I got picked in the lottery last year under Advanced degree quote and am working in H1B since 1 year. My husband’s I- 40 is approved and has exceeded 6 yrs in H1b. His priority date is Nov,2010 under EB2 category.
My questions are
– Can i continue with my current job and be employed while the process for getting EAD goes through?
– If convertion to H4 is needed to get EAD. Then how long would you have to be unemployed until you get EAD?
– How long does it take to get EAD from either H1b or H4?
Is there premium processing to get the process expidated for me to get EAD?
Waiting anxiously for your response.
Waiting for a response from your end.
Sonu
Really come on guys dont corrupt the system and always try to find loopholes this is exactly why we are looked down upon all the times. Forging things aint no good….If you have work permit why on earth do u want to be on h4 and avail ead this is simply lame and so unforgiving for those who are on h4 currently and genuinely need this opportunity of lifetime .
Why do you want to change your status as long as you have work permit?
Really come on guys dont corrupt the system and always try to find loopholes this is exactly why we are looked down upon all the times. Forging things aint no good….If you have work permit why on earth do u want to be on h4 and avail ead this is simply lame and so unforgiving for those who are on h4 currently and genuinely need this opportunity of lifetime . Please be true to the system and dont go around or twist the system for your own selfishness
Hippy eagerly waiting…can kick start my career back after a long break ….
Start taking courses or volunteer work in your field. It’s tough to get a job with long break.
Could you let me know the time frame for this, I am on long break with good exp. Tried to apply this yr H1 too. Really want to try my luck with this.
eagerly waiting !!
Raghuram, you are doing great job of researching and answering plenty of questions. I believe you are also planning to get the FAQ varified with Attorny. Can you please confirm if following understanding is correct.
“As we all know EAD is much more flexible/ powerful interms of employement. One is not bound to any employer or any specialisty work. It means H1 still can not change their profession and they have to work in the same field while H4 (later EAD holder) can work in whatever field they want.”
Another question – what happens if H1b holder loose the job and didn’t find the job within allowed period? Does EAD gets revoked?
Thanks in advance,
I am not elgible for anything, since I am not travelled to US before but anyway the Girl looks sooo cute 🙂
Now you have a reason to come to USA.