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.
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13 comments:

  1. sanjFebruary 24, 2015 at 11:48 AM

    Thank you MU for sharing this breaking news.

    ReplyDelete
  2. sanjFebruary 24, 2015 at 11:49 AM

    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. MU LawFebruary 24, 2015 at 5:08 PM

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

    ReplyDelete
  4. rajaniFebruary 25, 2015 at 2:18 PM

    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. MU LawFebruary 25, 2015 at 4:41 PM

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

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    Replies
    1. rajaniFebruary 26, 2015 at 9:50 AM

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

      Delete
  6. MU LawFebruary 26, 2015 at 10:45 AM

    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.

    ReplyDelete
  7. PT 2006March 2, 2015 at 1:20 AM

    This comment has been removed by the author.

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  8. PT 2006March 2, 2015 at 1:22 AM

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

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  9. MU LawMarch 2, 2015 at 10:03 AM

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

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  10. AnonymousMarch 4, 2015 at 5:26 PM

    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. MU LawMarch 9, 2015 at 9:45 AM

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

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  12. nancy johnSeptember 8, 2015 at 2:54 AM

    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

    ReplyDelete

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