Tuesday, February 24, 2015

H-4 EAD RULE IS EFFECTIVE MAY 26

USCIS has just announced that the long-awaited H-4 EAD rule will go into effect on May 26, 2015.

Under the new H-4 EAD rule, the H-4 spouse may obtain an EAD card in two instances.   (1) Either the principal H-1B worker has to have had a PERM Application pending for at least one year or (2) the principal H-1B worker has to have an approved I-140. 

H-4 spouses who meet one of the two conditions may file an I-765, Application for Employment Authorization.  Ordinarily, I-765 Applications are approved in 90-120 days.  Accordingly, H-4 spouses who qualify should be able to begin working in September 2015.

13 comments:

  1. Thank you MU for sharing this breaking news.

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  2. When we can start our paper work? only after May 26th or can we keep ready everything before. Please advise.

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  3. @Sanj- you can prepare it now, but you cannot send it in until Ma 26. Thanks for your kind words.

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  4. I am an Indian RN. My I 140 petition was approved in 2007. While submitting my I 140 petition I was married. My spouse has now got a job in USA on H1B visa and I am planning to accompany him on H4 visa. Could you please let me know whether I will be eligible for a work card on arrival as per new regulations of H4 visa.

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  5. @Rajani- does your H-1B spouse have the I-140 approved?

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    1. No, my spouse does not have a separate I 140 approval. While submitting my I 140 petition, his details were given as my spouse.

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  6. Your H-1B spouse will need to have an I-140 approved in order for you, as he H-4 to qualify for the H-4 EAD. Your approved I-140 is unfortunately irrelevant for this process.

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  7. This comment has been removed by the author.

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  8. With a H 4 status can one work as many hours as needed or is there minimum - maximum limit ?

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  9. @PT 2006 - You can work unlimited hours and for any employer at any pay rate.

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  10. Hi, MU LAW.. I want to ask if your law office are accepting H4 EAD preparation? And how much will be the fee for it?..Thank you and more power!

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  11. @Borg: yes - we are. Please email for the details. My email id is on the right hand link.

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  12. Simply letting anyone work anywhere - the crux of it, "simply". Nothing is simple in the Western Welfare Democracies. I am more than happy that people who simply want to work here are allowed to do so but that is not the nature of the migration'

    Immigration to British Columbia, Canada

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