H4 Work Permit for Upto 179,000 Qualified Dependents of H1B Visa Holder in First Year

h4 ead work authorization and permit

via Flickr

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.

EAD for H4 Visa-Criteria

  1. I-140 Petition should be approved for H-1B Worker (and/OR)
  2. 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. 

h4 ead timeline

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 :

143 Comments

  1. Selva on June 25, 2016 at 3:04 PM

    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 ?

    • Raghuram Sukumar on June 29, 2016 at 12:43 PM

      You can but the validity of h4 EAD will be till h1b.

  2. Manasi on May 26, 2015 at 11:14 PM

    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?

  3. bhavya on May 21, 2015 at 3:10 PM

    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.

  4. Hi Raghuram, on April 27, 2015 at 5:12 PM

    what are your thoughts on the application process for H1 to H4 EAD?

    • Raghuram Sukumar on April 28, 2015 at 8:00 AM

      What kind of thoughts 😀

  5. Pats on March 31, 2015 at 2:51 PM

    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!!

  6. Moni on March 26, 2015 at 11:46 PM

    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

  7. Anu on February 25, 2015 at 5:17 PM

    How do they pick 9700 EAD applications??
    Is it same as Lottery system or first-come-first serve basis

    • Raghuram Sukumar on February 25, 2015 at 6:00 PM

      It was an estimate from USCIS.

      • Veera singh on March 10, 2015 at 11:58 PM

        Hi,
        Will H4 visa holder will get social security number now?
        Waiting for ur reply…
        Thanks!!

        • Raghuram Sukumar on March 11, 2015 at 7:50 AM

          After getting EAD, you can apply for SSN.

  8. Raghuram Sukumar on February 25, 2015 at 1:51 PM

    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

  9. sreejith on February 24, 2015 at 3:10 PM

    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 &regards
    Sreejith

  10. Nikhil on January 15, 2015 at 5:27 PM

    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.

  11. RJ on December 9, 2014 at 3:23 PM

    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?

  12. Sonu on December 5, 2014 at 1:36 PM

    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.

    • Raghuram Sukumar on December 5, 2014 at 4:46 PM

      Wait till we see the final action of the rule. I plan to do another video when the rules is implemented.

    • Sri on February 24, 2015 at 1:43 PM

      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?

      • Raghuram Sukumar on February 24, 2015 at 2:42 PM

        I will get answers to this from attorney tomorrow.

        • Sonu on February 25, 2015 at 1:23 PM

          Waiting eagerly for your response. Thanks.

        • Gaurav on February 26, 2015 at 9:08 AM

          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.

  13. Annie on December 2, 2014 at 12:48 PM

    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?

  14. Ashraf on November 10, 2014 at 5:00 PM

    Hi Raghu,
    Senate Elections are over, so is there any update on getting EAD for H4 visas?
    Thanks a lot!!

  15. Denisse on October 19, 2014 at 2:26 AM

    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?

  16. Udai on October 8, 2014 at 4:34 PM

    Do we have any latest update on this? It has become really had to find any information.

    • Raghuram Sukumar on October 9, 2014 at 3:23 PM

      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.

      • Ashraf on November 12, 2014 at 1:42 PM

        Hi Raghu,
        Senate Elections are over, so is there any update on getting EAD for H4 visas?
        Thanks a lot!!

        • Raghuram Sukumar on November 14, 2014 at 10:06 AM

          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.

  17. SAM on September 22, 2014 at 4:31 PM

    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…

    • Raghuram Sukumar on September 23, 2014 at 10:28 AM

      According to AC21 yoru wife should qualify. Let’s wait and see of final rules (if they publish). I feel your pain Sam.

  18. Aishwarya on September 9, 2014 at 3:52 PM

    Do you have any idea about the updates on this rule? Or how long will this take to get implemented as a law??

    • Raj on September 19, 2014 at 8:30 PM

      Never…

  19. ravi on September 5, 2014 at 11:17 AM

    In case the spouse qualifies for the EAD and receives it, does it mean no need to maintain H1b and H4 after?

    • Raghuram Sukumar on September 5, 2014 at 2:19 PM

      I’m thinking EAD will be tied to your H1B validity.

    • TBS on November 6, 2014 at 10:53 AM

      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.

  20. Lekshmi on July 31, 2014 at 12:01 PM

    Hi I am planning to do a aesthetician course. If I get H4 work permit, will I be able to work?

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  22. Kiara on July 3, 2014 at 11:41 AM

    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

  23. SV on June 28, 2014 at 4:17 AM

    Not fair. What about H4 wives whose spouses have not applied for GC?

    • Raghuram Sukumar on July 2, 2014 at 7:31 AM

      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?

      • manjory on January 27, 2015 at 4:44 PM

        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

        • manjory on January 27, 2015 at 4:46 PM

          ii) second part continued.. or will it all be automatically done and our status will reflect as Candidates with EAD?

  24. Sreenivas Kilari on June 27, 2014 at 2:04 PM

    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?

    • Raghuram Sukumar on July 2, 2014 at 7:34 AM

      I don’t know the answer. Wait till the rule is approved, then consult with an attorney.

  25. Sandeep on June 21, 2014 at 10:10 PM

    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 ??

    • Raghuram Sukumar on June 25, 2014 at 2:55 PM

      I-14- have to be active. If previous employer withdraws, then check if you qualify under AC21 rule.

      • Sandeep on June 25, 2014 at 3:45 PM

        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.

  26. ramukps on June 18, 2014 at 2:34 AM

    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.

  27. Monika on June 12, 2014 at 2:51 AM

    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.

    • Monika on June 16, 2014 at 4:57 PM

      Hi Raghu..Could you please help me with the answer of my question?
      Thanks,
      Monika

      • Ra on June 20, 2014 at 8:40 AM

        Unfortunately, no. It isn’t a either/or requirement, it’s both. BTW, you will need an approved 140 to do an AC21 extension.

        • KiP on August 6, 2014 at 5:44 PM

          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.”

          • Raghuram Sukumar on August 6, 2014 at 8:03 PM

            I thought, that’s what I have listed. This or that.



      • Raghuram Sukumar on June 25, 2014 at 3:15 PM

        I think you can. Once this get published. I will do a Q&A with an attorney.

  28. Vinay Singh on June 11, 2014 at 11:07 PM

    That is a huge development and welcome news for all wives who have been stuck at home for so many years

  29. Ganesh on May 28, 2014 at 11:59 AM

    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

  30. Ramya on May 21, 2014 at 5:59 PM

    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?

    • Raghuram Sukumar on May 22, 2014 at 10:43 AM

      Unfortunately I don’t have any other info that what I have listed here.

  31. Priya on May 19, 2014 at 9:00 AM

    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?

    • Raghuram Sukumar on May 19, 2014 at 11:32 AM

      Refer to articles under Green Card Category.

      • Priya on May 19, 2014 at 3:51 PM

        Thank you for the response. I would like to know for how many months is the rule valid?

  32. Santa on May 17, 2014 at 9:36 AM

    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.

  33. VK on May 14, 2014 at 2:41 PM

    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?

  34. VJ on May 14, 2014 at 1:32 PM

    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 !

    • Niveditha on November 12, 2014 at 3:13 PM

      Hi VJ. Please post here if you get an answer for this. I am going trough the same situation.

      • Raghuram Sukumar on November 14, 2014 at 10:04 AM

        First.. let this rule come to light. When its time, I will post as much info as I cane about the rule.

      • Raghuram Sukumar on November 14, 2014 at 10:04 AM

        First.. let this rule come to light. When its time, I will post as much info as I cane about the rule.

  35. RV on May 13, 2014 at 6:22 PM

    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?

  36. Guest on May 13, 2014 at 6:22 PM

    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?

  37. RV on May 13, 2014 at 6:19 PM

    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?

  38. Raghuram Sukumar on May 13, 2014 at 1:58 PM

    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 🙂

  39. kk on May 12, 2014 at 6:41 PM

    This rule is published today

    • Sid on May 18, 2014 at 5:22 PM

      So now its open for public comments for the next 60 days?

  40. Arindam Pal on May 12, 2014 at 5:36 AM

    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

    • Raghuram Sukumar on May 12, 2014 at 9:15 AM

      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.

  41. Ace on May 11, 2014 at 5:10 AM

    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.

    • Raghuram Sukumar on May 11, 2014 at 11:00 AM

      It’s an or requirement. I-140 approved or Labor (PERM) application is pending for more than 1 year (AC21)

  42. Jay on May 10, 2014 at 11:42 PM

    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?

    • Raghuram Sukumar on May 11, 2014 at 11:03 AM

      Apply directly with USCiS for EAD. Not need to deal with your your H1B spouse’s employer.

  43. Sana Bana on May 10, 2014 at 9:42 AM

    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.

  44. kan on May 9, 2014 at 9:56 PM

    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

  45. sat on May 9, 2014 at 10:34 AM

    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.

  46. Expre Lorery on May 8, 2014 at 9:20 PM

    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?

  47. JJ on May 8, 2014 at 1:44 PM

    When will this take affect?

  48. LN on May 8, 2014 at 12:35 PM

    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?

  49. Raghuram Sukumar on May 8, 2014 at 9:49 AM

    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)

    • Nag on May 8, 2014 at 4:43 PM

      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

    • Kavya on May 20, 2014 at 6:26 AM

      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 ?.

  50. Prabhu on May 8, 2014 at 7:49 AM

    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?

  51. SAN on May 7, 2014 at 10:45 PM

    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.

  52. Biswajit Dash on May 7, 2014 at 6:19 PM

    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

  53. HopeForEAD on May 7, 2014 at 4:01 PM

    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..

    • Ash on June 4, 2014 at 11:26 PM

      I agree lets join hands to create awareness on the rule and keep fingers crossed for best to happen

  54. AV on May 7, 2014 at 12:44 PM

    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.

    • JJ on May 8, 2014 at 8:03 PM

      Sound like you would be. You just need I140 approved or more than 6 years on H1B.

  55. ramu on May 7, 2014 at 12:07 PM

    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

  56. TN on May 7, 2014 at 11:20 AM

    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 ?

    • AZ on May 7, 2014 at 4:54 PM

      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?

      • Raghuram Sukumar on May 7, 2014 at 6:19 PM

        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.

        • RN on May 7, 2014 at 7:58 PM

          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.

          • Raghuram Sukumar on May 7, 2014 at 10:27 PM

            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.



  57. SG on May 7, 2014 at 8:50 AM

    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.

    • Raghuram Sukumar on May 7, 2014 at 9:30 AM

      Nope. That’s not the criteria.

      • SG on May 8, 2014 at 9:54 AM

        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?

      • Deepak Duggal on May 21, 2014 at 12:25 PM

        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?

  58. SP on May 7, 2014 at 7:25 AM

    Any news on O-3 visas too?

  59. vinod on May 7, 2014 at 6:40 AM

    Hi, H1b is company sponsored visa. When h4 gets EAD, does that mean she can work for any company

    • Raghuram Sukumar on May 7, 2014 at 9:31 AM

      Yup. she can even start a business.

      • AB on May 7, 2014 at 10:40 AM

        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.

        • Raghuram Sukumar on May 7, 2014 at 11:09 AM

          “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

          • mike on October 4, 2015 at 1:43 AM

            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.



          • Raghuram Sukumar on October 4, 2015 at 8:49 AM

            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.



  60. Rohit on May 7, 2014 at 4:45 AM

    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?

    • Raghuram Sukumar on May 7, 2014 at 9:32 AM

      This post is not for H1B Visa lottery topics.

    • TBS on November 6, 2014 at 10:46 AM

      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.

  61. Chandra on May 7, 2014 at 12:35 AM

    “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.

  62. Priya on May 7, 2014 at 12:21 AM

    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?

  63. SG on May 6, 2014 at 9:31 PM

    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.

    • Raghuram Sukumar on May 6, 2014 at 10:37 PM

      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?

      • Vinay on May 8, 2014 at 12:54 PM

        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?

      • sonu on May 27, 2014 at 2:12 PM

        I was curious to know if you were able to find some information from an attorney.

        I have posted my queries above.

        Sonu

    • Sonu on May 7, 2014 at 12:53 PM

      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.

      • Sonu on May 12, 2014 at 10:11 AM

        Waiting for a response from your end.
        Sonu

        • Ash on June 4, 2014 at 11:33 PM

          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 .

    • JJ on May 8, 2014 at 8:04 PM

      Why do you want to change your status as long as you have work permit?

    • Ash on June 4, 2014 at 11:33 PM

      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

  64. RR on May 6, 2014 at 9:25 PM

    Hippy eagerly waiting…can kick start my career back after a long break ….

    • Raghuram Sukumar on May 6, 2014 at 10:37 PM

      Start taking courses or volunteer work in your field. It’s tough to get a job with long break.

      • Aravinda Varanasi on May 6, 2014 at 11:36 PM

        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.

  65. dia on May 6, 2014 at 7:31 PM

    eagerly waiting !!

    • Heli on May 13, 2014 at 12:21 PM

      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,

  66. Just for fun :-) on May 6, 2014 at 7:16 PM

    I am not elgible for anything, since I am not travelled to US before but anyway the Girl looks sooo cute 🙂

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