H4 EAD Rule Latest News - Trump Administration Revoke and Lawsuit Status

H4 Visa EAD 2019 News – Lawsuit Status, Trump Administration Actions

In Immigration| Visas by SaurabhUpdated : 2732 Comments

H4 EAD News Update Today, May 8th, 2019 – On the H4 EAD rule removal rulemaking side, there are some new updates on the OMB meetings pages. The webpage got updated with previous OMB review meetings data. Check below timeline for more info. But, the rule is not yet published and still in pending state.  No new update from the court side. 

  • The most recent update is that Save Jobs USA put up their counter arguments for all the points raised by DHS and intervenors in their reply brief. Check out timeline for more details.
  • The most recent update on H4 Rule Removal side is, the proposed draft is with OMB and the review meeting is scheduled for May 1st, 2019. 

Check full detailed updates in below timeline.  Scroll down bottom for latest H4 EAD news update. Join WhatsApp Group 4 (Full: Group 3Group 1, Group 2 ), Telegram, Facebook and Community Forum to discuss, ask, share.

You may check out our short video on  Entire H4 EAD History from 2015 to 2018.  This article covers below aspects:

  • Background to H4 EAD Rule
  • What’s H4 EAD Lawsuit filed in court ?
  • H4 EAD and Trump Administration actions history timeline by date from 2017 to today, Latest News, Lawsuit updates
  • H4 EAD Revocation common FAQs – validity, can you apply, future applications, etc.
  • H4 EAD Rule Revocation Impact Analysis and current state Summary
  • User Comments – Heated discussions

Background of H4 visa EAD Rule :

For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. This changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. The H4 visa dependent spouses were eligible for work authorization EAD provided the H-1B spouse satisfies one of the below two:

  • Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.
  • Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.

Soon after the H4 Visa EAD Rule was enacted, two things happened:
1. Thousands of H-4 spouses applied for H4 visa EAD  ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home.
2. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. More details on H4 EAD Lawsuit.

What’s the H4 EAD Lawsuit ?

‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) filed its lawsuit against Department of Homeland Security (DHS) on April 23, 2015 before the rule was about to go live. The lawsuit was initially dismissed by a Federal district court in September 2016 (check references below ) as “Save Jobs USA” could not defend their lawsuit that H4 EAD holders will impact them. The plaintiffs, who is ‘Save Jobs USA’, filed an appeal to the United States Court of Appeal for the DC Circuit. The plaintiffs, claim two things:
1. The new rule has no protections for US workers and increases the pool of workers looking for jobs
2. DHS never had the authority to grant EADs to H-4 visa holders.

H4 EAD & Trump Administration Timeline, Latest News :  

Since President Trump’s administration took office, there has been lot of speculation and rumors about what will happen to H-4 visa EAD rule. Below is the timeline of what has happened since President Trump took oath:

  • February 2, 2017 : The Trump administration requested ( filed a motion) a 60 day abeyance  (state of temporary inactivity ) to consider the issue and submit their brief ( response to consider the case).
  •  April 3, 2017 : The administration asked ( filed a new motion) for additional 180 day abeyance(state of temporary inactivity ) before they can provide their opinion. The Trump administration will update court every 60 days on the issue and update court before elapse of 180 days.
  • June 23, 2017 : The appeals court granted a stay on Jun 23rd, 2017 and asked both the parties, SAVE Jobs USA and DHS to file further motions on how they would like to proceed with the case by Sep 27, 2017.
  • September 20, 2017 :  SAVE Jobs USA has filed its motion stating that DHS has not taken any action and no publication of rule has been done in Federal register related to the H4 EAD rule and they requested for oral argument to conclude the case. They continue to tell that the delay would hurt american workers and new litigation would begin again.
  • September 27, 2017 :  DHS ( Trump administration)  filed a motion and requested the appeals court to hold the current H4 EAD case again in abeyance( which basically means hold on temporarily in suspension ), until December 31,2017.  The whole reason DHS have asked for this extension is to ensure that DHS and administration align their entire approach to implement Trump Executive Order 13788 on Buy American Hire American  and consider how to handle the H4 EAD rule as part of  overall view. For source, you will need PACER Login to view the entire document on court’s website.  Below is a screenshot of the actual info. H4-EAD-Lawsuit--Update-Extended-till-Dec-31-2017
  • November  17, 2017 :  There was a new request to extend the deadline, but court has denied the extension and has asked to continue and proceed and file their motions by January 2nd, 2018.  See belowH4 EAD News Update - 2017 November for January 2-2018
  • November 21st, 2017 (Unofficial – News) : A News article on Breitbart news says that there is a regulation drafted by DHS and is on the table to end the H4 visa EAD program.  Until we see this published, it is still a rumor. You can read the News on Breitbart.com  . There are so many speculations all over the place, please take every news with a pinch of salt.
  • December 14th, 2017 ( Official ) : DHS has published an agenda item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” today in the Fall 2017 Regulatory agenda. Basically all it says is that they intend to amend the original rule published for H4 EAD Rule in 2015  and potentially remove it as per the Buy American, Hire American EO by Trump Administration . It states that the DHS Secretary has authority to do as per INA regulations. Not many details published except that it is part of the agenda and they plan to remove it. We have no details on what happens to current H4 EAD holder working.  As of today, basically nothing changes as it is in proposed rule state.  We can expect progress or update on this in February 2018.   Below is a screenshot on what you see on regulations.gov  You can check the actual official info at Reginfo.govH4 EAD Work Rule Amendment 2017 Fall Agenda
  • December 22nd, 2017 ( Official ) : Both DHS and SAVE Jobs have filed respective motions, one to hold the case in abeyance (hold), other fo oral argument and not hold the case in abeyance. Below is quick summary.  
    • DHS Motion Summary : DHS has filed a motion to hold the lawsuit in abeyance ( basically on hold/suspension ) as they are in regulatory process of implementing the “Removal of  the H4 EAD” and they plan for Notice for proposed rule making ( NPRM) in February 2018. They say that having an oral argument now is of no use, when the H4 EAD rule is going to removed with regulation. As they are in process of removing, they are asking more time and will inform court in July, 2018 on the progress. You can check the document link in Official Documents section below.
    • SAVE Jobs Motion Summary : SAVE Jobs argues that in the first place DHS never had the authority to implement the H4 EAD rule without an act in Congress. They say that the regulatory process will take years, as the previous H4 EAD rule making took over 2 years from publication in regulatory agenda, and it will impact many of the Americans. Also, this process will lead to more lawsuits around the DHS rule to remove H4 EAD. The best path is to have oral argument and have a judgment.You can check the document link in Official Documents section below.
    • Current Status : Court is yet to review and give a decision on the motions filed by both. We will keep you posted.
    • Official Documents : You can read both the documents at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
  • January 5th, 2018 ( Official ) : Many are waiting still for the update as we are past Jan 2nd, 2018 ,which was when we are supposed to hear something from the Court. As of now, there is no update on the case. We have checked court case updates, nothing has been published. Just to give you a perspective, the court has responded at least over 1.5 month after the motions were filed. As you can see below the actual court updates from the case on Court’s website, I have highlighted the one in RED, where court responded to the Motion filed. Now, if the same trend continues from court, we may not hear back anything end of January or February. Of course, just guessing here based on history. We will keep you posted, once there is an update. As nothing has happened, it can be assumed that Court has given DHS until July 2018 to hear the update. Again, we need official court response, will let you all know, once updated by court.
  • February 21st, 2018 ( Official ) : After a very long wait, finally today there is an update on the case by court.  They have ordered the case to be held in Abeyance ( basically hold) and denied the plea of oral argument by SAVE Jobs. As you can see below, they mention that, the reason for their decision is that they see the plan of rule-making  by DHS to propose rule to remove H4 EAD in February 2018.  DHS is asked is report status on the H4 EAD rule within 90 days from the order day, which is today Feb 21st, 2018 and also every 90 days after that.  Basically, DHS has to file an update with Court by May 22, 2018 on the H4 EAD rule-making.  Now, as far as the rule-making from DHS, nothing has been sent to OMB yet for review. So, we need to still wait.
    • Official Documents : Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
    • Next Steps : DHS to update Court regarding H4 EAD rule making by May 22, 2018.
    • H4 EAD Removal Rule Making Status : No rule is sent to OMB for review yet. Need to wait.
      H4 EAD Update February 2018 - Case to be Held in Abeyance
    • February 28th, 2018 ( Official ): DHS filed a status report with the DC Circuit Court stating that upon review by USCIS, they believe that draft of the regulation need to be revised further and they need some more time until June 2018.hey anticipate that it will be June 2018, when they can submit the proposed regulation to Office of Management and Budget for review and clearance  in time for publication.  The court document says that the decision to remove H4 EAD using regulation does not change, but they need more time. See below the document with sections highlighted.
      • Official Documents :Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
      • Next Steps : DHS to update court regarding H4 EAD removal regulation rule making process  in next 90 Days, maybe end of May 2018.
      • H4 EAD Removal Rule Making Status : Regulation will be revised further and send to OMB by June 2018. Need to wait.H4 EAD Update Lawsuit March 2018 News
    • March 26th, 2018 ( Official ): Few of the Members of Congress wrote to USCIS Secretary requesting to reconsider and not revoke the H4 EAD rule.  But, USCIS responded saying just that, they are working towards the president’s goal of Buy American and Hire American and everyone will get a chance to submit comments during the rule comments period to submit feedback.  See below. You can check the actual Request Letter and Respond from USCIS H4 EAD USCIS Updated Secretary April 2018
    • April 4th, 2018 ( Official ): USCIS Director wrote to Senate outlining various H1B and H4 changes in a letter and plans of USCIS. It also talks about their intention to remove H4 EAD and the regulation in planning. Below is the screenshot of the exact info. It clearly tells that they plan to remove it with regulation and public will get a chance to provide feedback during comment and notice period. Check original document of USCIS Letter sent to Senate Judiciary committee H4 EAD April 2018 News Update
    • May 10th, 2018 ( Official ) : H4 EAD Rule removal is now part of Spring 2018 agenda and the timeline has been updated to June 2018 for rule proposal and comment period. The current rule published in RegInfo.gov does not have much changes, except there is no need justification in the current rule proposal. See below the comparison. The green highlighted one is not there is Spring 2018 rule info. Check the actual rule info at Reginfo.gov Spring 2018 H4 Removal RuleSpring 2018 Regulatory Agenda H4 Visa EAD Rule Removal
  • May 16th, 2018 : A group of 130 members of congress lead by Rep. Pramila Jayapal and Rep. Mia Love,  signed a letter to the DHS asking Trump administration to reconsider its plans to remove H4 EAD rule  for certain spouses of H1B. You can read actual : Singed Letter H4 EAD 
  • May 23rd, 2018 ( Official ) :  Despite all the letters, etc. nothing has changed from DHS/ USCIS in their stance towards the rule removal. Yesterday,   DHS filed an update with the court indicating their stance and the progress with H4 EAD removal rule. It is a simple update and tells that the H4 EAD rule removal is in final clearance and will be sent to OMB for review and their plans remain unchanged for publication of NPRM for H4 EAD Removal   Below is  the most important piece of info clipped from the court document. You can check full  Official H4 EAD Court Documents H4 EAD Rule News Update May 2018 Latest Court Update
  • August 20th,  2018 ( Official ) :  USCIS updated court on their latest status indicating that final DHS Clearance review is ongoing  and its intention/ stance on the issue remains unchanged. See below screenshot from the exact ruling. In general, the OMB review process takes anywhere from a month or more, so we may expect the ruling around in late September 2018.  You can check the full document at   Official H4 EAD Court Documents USCIS H4 EAD update court - August 2018
  • September 11th,  2018 ( Official ): SAVE Jobs USA has filed a motion in court asking the court to conduct briefing and oral argument very soon. It is pretty lengthy 11 page document submitted by SAVE Jobs USA that highlights the delays and says nothing has moved in the last year and half and if it goes at this pace, it will take years for this case to be closed and they say “Justice Delayed is Justice Denied”.   Also, they say that there could be another litigation as well, if the H4 EAD is removed, so they are asking for oral hearing to clarify one simple question if DHS had the authority to give H4 EAD without Congress approval.  The key info is highlighted below in screenshots.  If you are interested in reading the actual filed Motion Document, you can check it out at  Official H4 EAD Court Documents H4 EAD News Update September 2018 - Save Jobs USA Motion to reopen caseConclusion of the H4 EAD Litigation September 2018 Update Court
  • September 21st,  2018 ( Official ): In response to SAVE Jobs motion filed earlier this month, DHS submitted in court their response requesting to hold the case as it is as they are making swift progress. DHS’s senior leadership has reviewed and proposed some changes and they plan to submit the rule to OMB within 3 months. DHS argues in the response document to all the concerns raised by SAVE Jobs USA in their motion regarding more jobs lost, future litigation, etc. The overall message DHS says is that, it is in best interest of everyone to hold the case hearing on hold until the process is completed as it would waste court’s and everyone’s time as their intent has not changed and they are making swift progress.     The key info is highlighted below in screenshots.  You also read the actual response document at by DHS at Official H4 EAD Court Documents H4 EAD News Update September 22 filed by DHS supporting the NPRM
  • October 16th,  2018 ( Official ): Senators Harris and Gillibrand wrote a letter to USCIS on Sept 26th,2018 regarding H4 EAD removal to reconsider as it will create extreme hardship for many families.  USCIS responded officially to their letter stating that their priorities are to implement President Trump’s Buy American Hire American policies and safeguard US workers, stating that there will be comment period for everyone to provide feedback. You can check Official  Letter from USCIS for Senator Harris 
  • October 17th,  2018 ( Official ): Fall 2018 Regulatory agenda was published and it included H4 EAD rule removal as one of the agenda item. DHS is looking to propose NPRM for H4 EAD rule removal in November 2018 as per the update. We are just waiting for the rule to be published. Check more details of Fall 2018 Regulatory Agenda – H1B, H4 Impact Summary 
  • November 16th,  2018 (Official) :  A new bill called “H4 Employment Protection Act” was introduced in House by Reps. Eshoo and Lofgren. The whole idea of the bill is to stop Trump Administration from Revoking / Removing the H4 EAD Bill. It talks about hardships and benefits. Still very early stages, not much to predict. You can read Summary of the H4 Employment Protection Act, Status, Impact 
  • November 16th,  2018 (Official) :  Also, semiannual regulatory agenda with H4 EAD rule removal info was published today in Federal Register. It is under sequence number 299. The NPRM is not yet published. 
  • Nov 17th to Dec 16th,  2018 ( Unofficial)  :  No updates from Nov 16th to Dec 16th. There was a status report due to Court on Nov 19th, but nothing was sent to court. We are expecting that DHS would very likely publish the rule for OMB review by December 21st, 2018. The reason is that they have mentioned that to the court on September 21st that they would file it to OMB within 3 months and that day would be Dec 21st. Check DHS court documents  and above updated from September 21st screenshot of official court. 
  • Dec 17th, 2018( Official) :  US Court of appeals issued  two Per Curiam Orders ( basically issued by court and not a specific judge)  stating few things : 
    • To remove the court case of H4 EAD Lawsuit from abeyance ( basically on hold or dormant status)
    • Denied the motion filed to expedite the case ( take decision quicker)
    • Granted a motion for leave to intervene ( meaning a third party other than the two parties fighting in the case to join the case past deadline ) for ImmigrationVoice team to join the case and let them put in their argument in oral hearing. Check out ImmigrationVoice FB Page
    • Ordered all the parties to file a new opening briefs( a written argument on what went wrong with case and facts) and also the new party joined the case to file the same. See dates in below screenshot.
    • Below is the screenshot. Also, we have dates now setup for the replacement brief. You can check out full court documents from today at H4 EAD Lawsuit Court Documents History 
    • It is going to be interesting as we have lot of things going on in parallel with DHS and court case in progress.
    • Next Action Steps in the H4 EAD Lawsuit : By Jan 16, 2019 Save Jobs USA has to file a new Replacement Opening Brief ( written documentation supporting their lawsuit ) and after that by Feb 16th, 2019 DHS has to file their Brief (supporting documentation for the lawsuit defence ). Immigration Voice will need to file their Brief ( supporting information and facts) regarding the lawsuit by Feb 22nd, 2019. Based on all of these Brief’s submitted, SAVE Jobs USA has to reply by March 15, 2019.
    • You may watch our short 3 min H4 EAD Court Order YouTube Video explaining what the court orders mean.

H4 EAD December 2018 Update with January 2019 New Orders and ImmigrationVoice

Court Dates for H4 EAD January 2019 Updates Submission including Immigration Voice

  • Jan 15th,  2019(UnOfficial ) :  No new updates on H4 EAD until today in this new Year 2019.  Tomorrow is when court should get the replacement brief from SAVE Jobs USA.  Also, Trump did a random tweet without any details saying that H1B will be given path to citizenship. With partial Government shutdown, there will be delays for the H4 EAD removal process… Also, We still continue to wait for the proposed rule to be sent to OMB to be reviewed for NPRM. We were expecting it to be published around last week of December 2018, but now with the new court orders and US Govt Shutdown, things have changed and we have to wait and see what happens .  
  • Jan 16th,  2019( Official ) : SAVE Jobs USA Filed its replacement Opening brief today. It is a pretty lengthly 77 page document with an appendix of 116 pages. The replacement brief filed by Save Jobs USA emphasises on the previous points such as DHS lacking authority to give H4 EADs in first place and how H4 EADs are hurting the SAV Jobs USA members. Check out Summary of H4 EAD Lawsuit Replacement Brief with Argument Points, Facts 
  • Jan 18th,  2019( Official ) : DHS filed a motion today to put a stay on the deadlines as there is no funding due to Govt. Shutdown and they request to put the case in abeyance and put hold on the deadlines to submit response.  Court reviewed it and denied the motion to hold the case in Abeyance or put stay on the deadlines. See below.  You can check all court documents at H4 EAD Lawsuit Court Documents History 
  • Jan 23rd, 2019 ( Official ) : DHS filed another consent motion requesting to enlarge the deadlines by 30 days, they have raised Govt Shutdown issues and the situation that many cannot work even on voluntary basis. After further review, Court has given consent for the same. Below is the screenshot. TO read actual documents, check out H4 EAD Lawsuit Court Documents History H4 EAD Court Decision to Move Deadlines to March 2019 Update
  • Feb 20th,  2019( Official ) : DHS Submitted the H4 EAD Rule removal to OMB ( Office of Management and Budget) for review today ( see below). It is marked as economically significant. If you look at the general 9 Step Federal Rule Making Process, we are in step number four.  OMB Office can take anywhere from few days to 90 days. Now, with all the lawsuit and this going on, it is not very positive news for H4 EAD holders.  Based on today’s update of OMB, we have revised the H4 EAD removal Predictions, check out H4 EAD Rule Removal Predictions for updated timelines.   The actual H4 EAD removal rule is not published yet and still in proposed rule stage. Still all eligible H4 holders can apply for EAD.  Watch the short video below as well. Check the official OMB Pending Review of Rule on Reginfo.govH4 EAD Rule Sent to for OMB to Review - February 2019
  • March 12th, 2019(Official ) : On the lawsuit side, DHS has requested Court to extend their date by 14 days due to pre-planned court hearing travels, leave. They have asked the new date to be April 1st. Court is yet to respond to the request. See below for the official info on the documents submitted.  On the rule making side, nothing has changed and the rule info is submitted to OMB ( Office of Management and Budget) and they are reviewing the same.  If court approves, we may not hear anything until April. We need to wait and see, if court will give the extension…Stay tuned for updates.DHS request court to enlarge deadlines by 15 days from March to April 1-2019 Info
  • March 14th, 2019(Official ) : Court reviewed DHS request and approved it with an order to extend the date to submit brief to April 1st, see below the revised dates. This order gives DHS more time for OMB  review of the initial proposed rule.You can check H4 EAD Lawsuit Court Documents History  for actual documents.  No new update on the rule-making side, we are still waiting for OMB update on the rule review…DHS is just buying more time to have the rule review complete from OMB, so that they can have a strong brief in the court on their intent to revoke the H4 EAD rule..Stay tuned for updates.   H4 EAD DHS Brief Due on April 1st 2019 Info
  • April 1st, 2019(Unofficial ) : No new updates today as of 8:30 PM EST. Today was the deadline for brief from DHS,  but nothing came out today as of 8:30 PM EST.…Usually the updates happen in the business hours, we have not seen anything today. Maybe we see something tomorrow. Also, we are still waiting for review and updated from OMB, we were expecting something there, nothing moved there as well. On the other hand, H1B 2020 Season Starts Today and USCIS Launched H1B Employer Data Hub today.  Also, if you are on H4, recently USCIS introduced New Form I-539, with Biometrics that will impact H4 EAD processing times.  You can check out our short video in summary for March 2019 updates, you can watch it below. It is a 2 min video. Also, if you are filing 
  • April 2nd, 2019(Official ) : Late last night ( see below) DHS filed their brief with the court, where they argue that Save Jobs could not establish their argument that it will harm SAVE Jobs Members. It is a 49 page document, we have summarized it. Check out Summary of DHS Argument and Appellee’s brief submitted with court. We have put up a short video on Youtube, you can check it below. Court Brief Submitted by DHS in April 2019
  • Also, there is another update on Skilled Immigrants America Facebook group stating the background work done by a group of H4 holders advocating to fight against the removal of H4 EAD rule and lawsuit. They have met with OMB and submitted lot of data and report on the current situation of H4 holders . The group believes that it helped shape up DHS brief to indicate that Save Jobs does not have standing in the case. Check it at : Skilled Immigrants America Facebook group 
  • April 8th, 2019(Official ) :  We had two Intervenor briefs submitted yesterday. One by Immigration voice only and Second one by Immigration voice and other non-profit trade organizations.  Both of them support H4 EAD and support all the actions of DHS.
    • First Brief by Immigration Voice and Non-Profit Trade Orgs : The first brief is 38 page document and talks about the merits of H4 EAD program to US businesses and highlight the impact and how it will affect families, etc. and support H4 EAD. Key points include 
      • Contributions to US Economy, Taxes, etc
      • Damage done to irrevocable life decisions of H4 Holders
      • How EAD will not impact american jobs
      • DHS had power to create H4 EAD rule based on 1324a.
      • Congress did not prevent H4 EAD as they did not had any intent on the same.
      • Send it back to district court, if has different stand on the case.
      • For Full details read Summary of Intervenor’s Brief by Immigration Voice and Team.
      • You can check out the video summary of this brief below.
    • Second Brief by Immigration Voice Only : The second brief is 54 pages and talks about the case supporting DHS brief and the overall case addressing the Save Jobs points raised in their brief.. Key Points include 
      • DHS argued it correctly in their brief
      • Immigration voice has standing as Intervenor due to court order and the potential injury to H4 Holders
      • 50 years History of how INA has given authority for DHS to create rules like H4 EAD.
      • If different stand, send it back to the district court.
      • For full details read Summary of Immigration Voice Only – Intervenor Brief 
      • You can check out the video summary of this brief below.
    •  From Rule-making side,  no update from OMB on the H4 EAD rule removal yet, it still pending review.  
      H4 EAD Court Case Update April 9-2019

Video Summary on First Brief with Immigration Voice and Others :

Video Summary on Second Brief with Immigration Voice Only :

  • April 25th, 2019(Official ) :  We have a scheduled date now for the OMB review meetings ( EO 12866 Meetings ) for the H4 EAD removal rule.  It is scheduled for May 1st, 2019 for 3 pm.  It is updated on the Reginfo.gov website. See below.  On the lawsuit side from the court, no new updates, it is same state since April 8th.   We are expecting something to be filed by Save Jobs USA on April 29th, 2019.  
    OMB Review Meetings H4 EAD
  • April 29th, 2019(Official ) :  Save Jobs USA filed their Appellant’s reply brief earlier today. It is a 37 page document. In short below is the summary from the reply brief
    • Save Jobs USA argues on their fundamental points that H4 EAD hurts their members. They put in counter arguments for DHS and intervenor’s arguments on DHS authority, post complaint date evidence.
    • Save Jobs USA says that there is no point in sending this back to old court, as the key points were discussed.
    • Also, they say that fundamental rule of H4 EAD was to help H1B holders and it is in the H4 Rule creation charter, now DHS is contradicting its own points, etc. Some of these arguments are logical
    • Save Jobs make many references to the cases, only court can validate all such proofs.
    • For full details read the article Summary of the Appellant’s Brief filed by Save Jobs USA 
    • You can watch the video summary as well below
  •   On the rule removal side, the next meeting is scheduled for 1st of May.  Stay tuned for updates. Appellant Reply Brief April 29-2019 Info

  • May 4th, 2019(UnOfficial ) :  No new update today. One of the fellow (who represents Save Jobs USA in the H4 EAD Court Case) from Center for Immigration studies published that OMB may not directly approve H4 EAD rule removal as it is in current state based on his analysis of parallel with DACA as it could end up in legal battle. So, it can take time and DHS will take a deep dive and he believes that Court would ultimately decide such things. Check article .  No update on the OMB review meeting.  The purpose of the OMB Review meeting, also called as EO 12866 review meeting, is to review the current rule proposed by DHS to assess the holistic purpose, costs, benefits. The exact statement : “Executive Order 12866 requires an analysis of the costs and benefits of rules and, to the extent permitted by law, action only on the basis of a reasoned determination that the benefits justify the costs.”
  • May 8th, 2019(Official ) : OMB Meetings list page is fully updated with data from previous meetings that were conducted in March. They were attended by many groups. See below screenshots. There were few meetings held on 3/26/2019.  The meeting at 1:30 was attended by IRLI, which is a American Employees Rights Organization, unlike at 1:00 PM the meeting was attended by many Indians and USCIS officials.  Most of these meetings are OMB review meetings to assess the impact of the rule as part of due diligence.  These meetings can be requested to work with OMB to convey the feedback. Overall, one weird thing is that one of them says Final Rule Stage, it is very confusing as the rule is still in proposed rule stage and you cannot be in final rule stage…I am guessing it could be a typo…Because, as you can see all rules have to go through 9 Rule Making Steps and H4 EAD Removal rule is not there yet…We are still few days away from reaching the 90 days mark for OMB deadline.  
  • Also, the overall status of the rule on Federal Register has not changed and it still says Pending Review. Only new info added is the meetings data. You can check all of this at Reginfo.gov H4 EAD rule
  • If you know anyone who attended or you are one of them who attended meeting, may you can share details with the community in comments or in WhatsApp groups listed below or Facebook. 
  • No New update on the Lawsuit side, it is same as before..
    H4 EAD Rule Removal OMB Review Meetigns Info May 2019IRLI OMB Meetings - H4 EAD RemvoalSelf Meetings OMB H4 EAD Removal
  • Join us on Join WhatsApp Group 4 (Full: Group 3Group 1, Group 2 ), Telegram, Facebook and Community Forum to discuss, ask, share.

What is the H4 EAD Removal Estimated Timeline, Predictions ?

Every proposed rule has to go through Standard 9 Rule Making Steps in US to become law, in our context H4 EAD removal also has to go through the same steps. We have outlined the entire rule making process and mapped it to current H4 EAD rule removal progress. Also, based on data and varying speed, we have done predictions on when we can estimate the rule to be removed. Read article H4 EAD Rule Removal Estimated timeline Predictions for all details. In short, looking at all current situations, we predict that, it may take an estimated amount of 10 months or more for H4 EAD to be removed. With current political climate and new H4 Employee (EAD) Protection Act Bill in House, things can change anytime and slow down quite a bit, stay tuned

Common H4 EAD Rule Removal FAQs 

Can you still apply for H4 EAD ? Can you work on H4 EAD, when this revoke rule process is going on ?

Yes, you can continue to apply for H4 EAD and work on H4 EAD. Still the rule is in very early stages and until the rule completes comments, review and it becomes final, you can apply for H4 EAD and work on the same. Read Step by Step guide to Apply for H4 EAD , Biometrics needed ?

Will your existing H4 EAD be valid after USCIS/ DHS implements the H4 EAD Rule revoke or removal ?  What happens to my EAD ?

Well, it is hard to tell what USCIS will do once they implement the final rule to remove the H4 EAD. They will publish the guidance on the impact and what happens to existing H4 EADs and their validity, we need to wait and see. Having said that, in the past for DACA and other similar rules, DHS let the existing EADs be valid until they expire, which technically let them work until their full validity. So, we can speculate similar aspects for H4 EAD and may expect that H4 EADs will also be allowed to work until they expire or until the end of the validity period.

Should I apply for Change of Status from H4 EAD to H1B to continue my work ?

Well, it does not hurt to apply for H1B, if your employer is willing to sponsor H1B for you in the upcoming H1B Visa 2020 Season.  It gives you an extra backup option to work, if something happens to H4 EAD and USCIS does not let H4 EADs work until the expiry date after rule is removed. You should consider applying for H1B visa petition with Consular processing, instead of change of status from H4 to H1B, as it will give you an option to work on H4 EAD, until it expires and switch to H1B only, if needed after expiration.  If you get picked in H1B visa lottery  and have approved H1B, then you can apply for Change of Status to H1B and work as needed. Discuss with your employer and see, if this can be done.

Can any of the groups file a Lawsuit against DHS regarding H4 EAD Rule Removal ?

Well, it all depends on what comes out of the rule-making process. Putting up a lawsuit is something many groups may be considering and all of them are waiting for the outcome of the current process. As you know there is already we have H4 Employment Protection Act, Status, Impact in house supporting H4 EAD to exist…Overall, we can speculate lawsuit, but it is too early to say…

Can I apply for H4 EAD in 2019 with all the Rule Removal process and the New Bills to Stop H4 EAD in progress ?

Absolutely Yes, until the official rule is published, you are eligible to file for H4 EAD in 2019. We have a long way to go and nothing changes until it is final and USCIS publishes the official rule that it is removed. Check out Step by Step guide to Apply for H4 EAD , Biometrics needed ?

Summary :  H4 EAD Rule Revoke by Trump Administration – Impact Analysis ? Can they revoke ? Estimated time ?

It all started with a lawsuit by ‘Save Jobs USA’, that questioned the authority of DHS to grant EADs for H4. After Trump administration took office, they took charge of the lawsuit, took time, delayed the process and finally aligned to remove H4 EAD rule in line with Executive Order of Trump Buy American, Hire American. They made an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” , as part of Spring 2018 Regulatory Agenda and continued the same in Fall 2018 Regulatory agenda indicating their intent to remove the rule and communicated the same to Court as well and requesting more time not to go for oral hearing.

Many attempts were made in the meantime by Members of Congress, Many other groups including CEOs of companies, writing letters to USCIS to re-consider and not remove H4 EAD and the hardships it will create to many, but all of them were politely replied saying their intent is to align with Trump’s Executive order priorities and public will get chance to put in their comments during rule removal process.  USCIS has been delaying this as they know they have to be very thorough to submit to OMB and then to public. The last official update is that H4 EAD rule removal was sent to OMB for review on Feb 20, 2019 and the meeting with them was held on May 1st, we are yet to hear on the rule.  On the other hand, we had a new bill in House introduced in Jan 2019 to protect H4 EAD holders, but it has been dormant for a while now. With Democrats, having the majority in house, this also can play a part.

On the lawsuit front, court issued an order to remove case from abeyance (dormant state) and gave dates for submitting new opening brief ( supporting documentation and info for their lawsuit) to SAVE Jobs and given dates for the same from Jan to March 2019. ImmigrationVoice team also got the request accepted to intervene and present their facts and findings in the lawsuit.  On Jan 16th Save Jobs USA filed their replacement brief putting strong argument stating that DHS exceeded their authority and H4 EAD has to be removed.  DHS got couple of extensions and managed to file their brief on April 1st, 2019, where they argued that the current court should agree with previous court and dismiss the case or send it back to them, if they need to question the new aspect of “DHS exceed authority”.  They have indicated that their H4 EAD rule removal process is still going on and rule may be published for comments once the OMB review is completed and signed. The intervenor brief was filed on April 8th as two set of documents and they fully support the H4 EAD and it is inline with DHS argument as well. On April 29th, Save Jobs filed their reply brief and it had some strong counter arguments put in as well. Only court can validate the statements put up by Save Jobs, so we now wait for the court. 

Overall, as of now, even though brief filed by DHS on April 1st, 2019 asking court to strike it out and uphold previous court’s decision, but they have not indicated anything that they are going to cancel their rulemaking process for H4 EAD removal. So, technically the H4 EAD rule is still set to be on track to be removed by DHS, just maybe the dynamics can change and may be slowed with the new briefs from Intervenor also supporting the H4 EAD. If this H4 EAD rule removal is implemented, it will have a significant impact to many of the thousands of H4 holders working and they need to plan for backup options like H1B.  As it stands today, you can apply for H4 EAD and work on the same, nothing is stopping you from that until the rule is final and USCIS mentions that you cannot work.  As far as our estimate based on 9 steps of rulemaking process, we predict the H4 EAD rule removal timeline for Dec 2019

What are your thoughts ? What do you think of timeline for OMB to review the rule ?

Reference :

   

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Comments ( 2,732 )

  1. Hateh4visas

    it sucks to see some h4’s come in with very low pay and have manipulated the whole us job market. Especially QA and BA jobs, it should have never been allowed. All H1B’s whose wife is working should also be sent back to India.

    1. I hate misogyny

      Wow !! That’s classic example of Misogyny!! Anyways I have seen not all H1Bs deserve H1b but they are still here .If a person truly deserves the job be it man or woman , H1b or H4EAD they should be given an opportunity

    2. Tam

      Woh.. we found good for nothing man . Not deserve to be any part of the world. How arrogance this guy. If h4 ead working low pay , this is not his/her problem. this is some stupid consultancy recruiting these types of low wages. Lets stop all desi consultancies. No ead guys will say will work for low wages. Company should formulaize wages.

    3. H4Hardworker

      I am a H4EAD holder and my salary is very low ($150k) in GA, atleast as per your logic all H4 are incompetent. Such a moron you are, may god save America from fools like you.

      1. Lakshmi Patel

        Lol!Why do Indians lie so much about their salaries?

        Even Standford Engineers who work for Google don’t make the kind of money youre claiming to be making. If that was your salary you would have no issue getting n H1B or green card visas for immigrants with extraordinary talent.

        Its pathetic.

  2. maharshi

    Hi,

    According to John Miano, the h4 ead rule will be removed and the last OMB update says it as a final rule, and its going to be 90 days period for OMB to provide official update, by all these scenarios can we think H4 ead will be removed ?
    What happens to the existing applications that are pending for renewal , I applied for H4 and H4 EAD extension , what are the chances of getting it approved before the rule removal?

    Thanks

    1. administrator
      Kumar

      No, it is biased Opinion as John Miano is the one representing the case of Save Jobs USA vs DHS in court case. Take the opinion with a pinch of salt. Also, I believe, the info in OMB meeting was a typo. You cannot really have final rule without going through the NPRM process. Check 9 Steps of Federal Rulemaking , you cannot jump few steps as this requires NPRM.

  3. H4 EAD interview reality

    CTS refused to take my interview just because I had a work gap go two years.
    I have a degree and 8 yrs exp. in India.

    So Kindly doesn’t spread rumours.

    TCS,WIPRO,Infy, etc etc so many companies after taking 2-3 rounds never contacted me.

    Even I was ready to change location and no package issues.
    Then also.

    They only hire H4 EAD if you are equivalent to H1B employees and H1B transfer issues are there and location constraint .
    Many H1b getting offer letters don’t join.

    1. Ravi

      CTS is badly using H4 EAD. i know many couples working in the same projects. They just forwarding his/her resume to client and no interview being done prior. This is badly affecting other H1B guys. large healthcare organization ruled by all CTS indians , many couples being appointed without further process. They may be CTS employee while in India with a huge (more thans 6 years) break. and still they appointing like CTS employees. Still they joining as senior guys.

      1. administrator
        Kumar

        It can vary by processing center. Check the EAD processing times for your location on USCIS website to see, if it is beyond their general guidance.

  4. Guest

    The article on center for immigration is neither here nor there. It doesn’t impact the OMB review, or the court case. It is an individual’s opinion, and looks like he wants the EAD revoked.

    1. administrator
      Kumar

      Yes, it does not impact OMB, it is an opinion by one of the analyst, who knows other similar cases as well…that’s it…

        1. administrator
          Kumar

          You are right, he is the attorney representing them…but OMB will not make anything based on his opinion…

  5. Gyanesh

    I am sure lot of people who are on H4 and filed for H1B will have this question.

    For the people whose H1B petition is selected this year –
    1. is it safe to assume that H4 EAD won’t go away until October 1st?
    2. Since H1B is effective from October 1st, what will happen if H4 EAD goes away before October 1st?
    3. For change of status cases, what happens if H4 EAD goes away after October 1st and no H1B stamping is done?

    1. Rahul

      1. Most probably H4 EAD won’t go away by then
      2. This question is confusing. There is no relation between new H1B’s starting from October 1st and H4 EAD. H4 EAD is for people whose I-140 is approved. Usually by the time companies file for I-140, that H1B applicant is already in his/her 3-6yrs of H1B so H4 EAD and new H1B’s starting from Oct 1st has no relation.
      3. If H4 EAD goes away, H4 applicant will still have valid H4 visa regardless of stamping is done or not

      1. Gyanesh

        @Rahul I think you didn’t understand my question. Let me clarify a little bit.

        My questions are specific to the people who are currently working on H4 EAD and are selected in H1B lottery FY2020.

        2. For COS, on October 1st the status will automatically change from H4 EAD to H1B. What will happen if H4 EAD goes away before October 1st?
        3. For COS, what happens if H4 EAD is removed after October 1st and people haven’t got their H1B stamping done? or what happens if H1B approval is not received until H4 EAD is removed?

        1. administrator
          Kumar

          2. Very unlikely, but if it happens, it only impacts EAD not their H4 status, they will still be in H4 status and COS will happen on October first.
          3. If it was filed as COS, there is no need for stamping, if you stay within US. That’s the whole point of COS. Nothing will happen, as long as the H1B spouse is employed and has status, H4 status will exist for the individual. If something happens to EAD, it will only impact working on EAD and not the H4 status.

  6. H4

    I think we can still apply/renew H4 EAD , they will be stopped after final decision is made.

    I am positive that existing EADs will be valid till they expire, because they don’t want a lawsuit based on this reason.

    1. administrator
      Kumar

      Yes, until the final ruling comes out and USCIS gives guidance that you cannot use H4 EAD anymore, you can continue to apply. All the rule making, lawsuit are not there yet and they have a long way to go.

  7. Kumar

    At what step will they stop allowing H4 EAD renewals? Does it have to be after final OMB review is completed? Step 8?

    Or as soon as OMB initial review (Step 4) is complete, which will be May 20? Also, by May 20 we should know if they are at least allowing existing H4 EAD to be valid until they expire, correct?

  8. anonymous

    Hi there,

    I am currently working on H4 EAD,passionate on studying Masters, if company willing to pay for education reimbursement /sponsorship.
    Weather H4EAD can work and study simultaneously if their company agrees?
    Do they need to change their visa from H4EAD to F1?

      1. anonymous

        Thanks Sam. Can h4 ead can work on full time job and study in parallel?
        If already working on full time job,they no need to worry for OPT/CPT status right.
        Because I am confused about OPT/CPT status do they need to change their H4 EAD status to F1 visa?
        or can they directly study with H4 ead visa status.

        1. administrator
          Kumar

          Yes, if you have H4 EAD, you can work full time and study in parallel, you do not need to worry about them. The OPT, CPT are more for F1 students and not really important for you as you already have H4 EAD. To clarify, your status is H4 and EAD is just a benefit that you got because you qualify for it based on your spouse’s H1B eligibility.

  9. spal

    @Srinath: I accept the correction. Thanks for that. But I don’t accept the sarcasm. You could have just said what was right in a better way. I have seen people with first language as English making mistakes like I did. It’s easy to be sarcastic but it is very hard to be polite. It is basic manners especially towards someone you don’t know. I don’t blame you if that is how you were raised.

  10. Raam

    Hi, I am in situation where my spouse EAD (H4 EAD) and my H1B validity if different.Spouse H4 & H4 EAD is valid till SEP 2019, and my H1B is valid till Aug 2021 , In this scenario can I apply H4 & H4 EAD together ? and how long does it take ? and can my spouse work when h4ead is under pending renewal ?for suppose , If I have to do H1B amendment can I also file H4 extension/H4 EAD extension? please suggest.

    Thanks in advance!

    1. rv

      Current processing time for H4 extension is too long( more than 1 year) and no premium processing available for individual H4 extension.you can apply h4 and h4 ead together. Spouse H4 ead may approve soon depends on your H1b Validity ( but its all your luck , sometimes they approve only after H4 extension). .you cannot work anything under pending review. you cannot file H1b amendment and H4 extension. I suggest better to go outside country and go for H4 extension approval and apply H4 ead here. looks like a long process.

      1. Raam

        Thanks rv!
        My spouse’s employer filed H1B petition, I dont think its good Idea to travel now, right ? and if H4 EAD is approved and H4 extension is pending , Is It possible to continue work ?
        Thanks again

    1. administrator
      Kumar

      In what context are you talking about ? In general for visa stamping, minors under age of 14 do not require finger printing.

  11. YX

    definitely H4 ead being utilized by CTS without considering other visa like H1b . At Least they should consider American’s and H1b candidate before proceeding to conclusion. One of my friend’s spouse being appointed without any client interview , as her husband working in the same company and pushed for her resume for job. This is unfair .Companies like CTS and TCS should be very clear about their process, I am not against H4 ead , but being mis used these days without any proper BG check and interviews. Let’s give H4 ead job to genuine candidate . Otherwise this will go for ever . I would suggest companies to come forward with more stringent checks for H4 eads . Jai H4 ead !!!

      1. Rav

        CTS has enough H1b guys in queue. then why they are looking for h4 ead guys. lets American companies hire ead guys, because they don’t even try sponsorship.

        1. HM

          Let USCIS & background check companies do their Job and you guys better concentrate on your work. Hope all H4 EAD haters will face a similar situation and time/ karma will teach you a lesson

  12. Rohith

    @Ravi Oh really, thats your problem. So you want to pull down a fellow Indian, so that you can climb up the ladder. FYI H4 EADs are not issued to all spouses of H1B, but only for those whose spouses have approved i-485. If not for Green card backlogs, he/ she would have been a permanent resident already and free to work anywhere. So, by your logic you should cry on all the Green card holders like
    1) Like ppl who marry US citizens
    2) Family based immigration
    3) All other nationals whose received their Greencards based on employment immigration,

    And also, every year about 1 million Green cards are issued. Among them only 140,000 are employment based. So effectively 860,000 less qualified non us -citizens are entering job market every year. By contrast only 85,000 new H1Bs are issued every year, some of those spouses would already have their own H1Bs. so maximum around 30% of them apply for H4 EAD. So at maximum it would be 25,000 new H4 EADs issued per year.

    So to sum it up, assuming all the H4 Eads are issued to less qualified people, still it is mere 25,000 as against 860,000 non employment based green cards issued every year. Not even 3 % (even if account some children in GCs, the percentage would go upto max 6%) and you keep crying on them. If you account for L2 EADs etc.. the percentage would be even less. Shame on you dude, just shame on you.

    H4 EADs are issued so that ,their families wouldn’t suffer due to extensive green card backlog. Imagine a family of four being supported by just one income source for years and years. It is more important that this H4 EADs are issued to less qualified ppl, so that they can easily find some clerical jobs and support their families.

    Note: Yes ppl still feel its better to stay in USA with one income source rather than being in India. But that doesn’t mean you can treat ppl like shit and make their life miserable.

  13. thinkpuretech

    This is so bad I think. Did DHS do a thorough research on the EAD cases? Where the EAD approved candidates work? I came across few people who was considering working in IT without appropriate education and knowledge. Is this acceptable? Does this not affect others competing? I am seeking sponsorship and I was rejected a few times saying that I do not have EAD. This is wrong. I do not have evidence that companies are hiring EADs just not to spend for H1B visa. There has to be thorough research on this particularly in Silicon Valley. H4 EAD should be stopped immediately.

    1. Ansh

      To begin with, you must change your name to “thinkpuresh*t”.. Just coz you came across a few people that doesn’t mean all are wrong. Fake resume business was started by H1s.. if you don’t know that just don’t put anything on this website. use to frustration for something productive.

      1. Desi Firangi

        @Ansh you are right, even before the existence of EADs H1’s especially people who did masters here in the US who had expiring OPTs and had aspirations of chasing the American dream settled with consultants who faked their resume and got through the job interviews and somehow managed to survive. The irony that I have seen is that people who were non-immigrants and are naturalized citizens now are the ones mostly against this. It is a shame on them that they want everything good to them, but want others to suffer. It is a sorry state of affairs that they forget the path that they came to be where they are now.

  14. Desi Firangi

    To whomsoever it may concern. I bet those guys who want H4 EAD gone are just insecure people who fear for their job and competition in the market. The other part these guys should understand is at some point they will feel the need for their spouse to be working. Not all will be blessed with having a H1 or GC applied partner in their life to go along with the H1/GC applied for self. The next thing as per a survey 35.3 percent of H-4 EAD holders have bachelor’s degrees and 50.9 percent hold master’s degrees. Just do the calculation it’s mere 12 percent who do not have a degree. So, get over it and if you do not support it, do not think of negative things to happen for them. Karma will bite back in no time and you wouldn’t even be able to blink and digest.

    1. Ansh

      I do agree with what you wrote, i dont know why there is so much hatred. I personally know about 12 people whom I work with and they all are on EADs. All have at least graduate degrees from reputed education institutions. Also, I really don’t see any competition between H1 an H4s, both are very different. Sometimes I just think a few narrow minded H1 holders are jealous that H4EAD holders can work any where they fir in, as compared to H1 holders who have to find a tech job with sponsorship. Nobody is trying to understand that H4EADs were not served on a silver platter, everyone has sacrificed one or another thing to be where they are.
      Thank you !!

    2. thinkpuretech

      Hello Desi Firangi,

      I do not know what work you do. It is not the competition that I fear. H4 EADs without proper education and knowledge would not stand a chance if the competition is fair. How to make sure that the competition is fair? Companies might prefer H4 EAD since they dont have to spend on visas. As you said, Karma will bite you as well for supporting wrong side and the H4 EADs who put fake in their resumes. Put hard work to get things not by easy means. People like you are spoiling the work environments.

      1. Ansh

        thinkpuretech, wow, you are really quite an intellect. I have seen more fake resumes on GC and H1 than on H4EAD. I am on an interview panel and I have been a part of about 40 interviews in past 11 months, so trust me when i say that.
        Please understand that fake resumes have nothing to do with H4EADs, it started with H1 and now just spread out. and a far companies trying to save money and avoid sponsorship, this you have to take it up with companies. You can’t put that on H4EADs, it’s coz of USCIS taking more and more time to process H1s, and the reason for that is all H1 holders is going thru scrutiny because many are client based working as contractors with fake skill set and low wages.

        1. Jumping Jhapang

          I interviewed 20 people last month all with H1 and selected 2 as at least 15 of them had fake resumes.
          I agree H4 EAD holders are also putting fake experience and trying to ruin specially manual QA market. But they are getting jobs where their skills are enough to work and hence probably not a speciality occupation. They probably do not need a degree holder or a H1B holder. Now you might argue why that job is not given to an american. Simple,because the employer/client does deem it fit for an American who which same education level will be much less productive than the EAD holder. Thet will take 2 months vacation in a year and throw in tantrums for putting any extra effort.

      2. Desi Firangi

        @thinkpuretech I assume that you did masters here and I can safely presume that you are one among the core that I am going to say in the next sentences. I have been on interview panels for the past 7 years for recruiting “skilled” people. Let me tell you this when I was first invited to the panel and handed a set of resumes I was surprised to see that everyone had experience in all the areas, all tools and had 7-12 years of experience. I said WoW to myself. Then when I finally interviewed the first candidate I found the reality to be the opposite and that continued with the other candidates too. I did not even select one from the first set of resumes that were given to me. As far as my experience goes atleast 60% of the guys who do masters here in the US be it in whichever field they start faking their resumes through consultants and join IT.
        So Bottom Line, if you are that talented as you think, you shouldn’t even bother the existence of the so called H4EADs.

    3. Alicia

      @Desi Firangi
      Are you on H4 EAD?
      Try converting to H1 and F1 status. You will come to know the real fact. Its very difficult to get a job. H4 ead people works for cheap wages. All H4 ead’s will get job from their husband companies with out having any interview. This is so pathetic. Companies like TCS/Cognizant/WIPRO they hire h4 ead because they don’t have to sponsor any visa. I knew so many people having H4 ead , got job very easily with out having any basic knowledge.

  15. spal

    I really want to support H4 EAD. My husband is currently working on H4 EAD. He isnt a programmer, cart puller , billing at any stores and not doing anything that is irrelevant to his education. He did not fake his resume or his interview. He did MBA(India) in Marketing, has sales experience in India and currently working as a Marketing Executive in a good company. Why should he loose his EAD? Is it because an American or people with other work authorizations can get a job. Are really immigrants taking away jobs from here? Did anyone really realize how many jobs are out there in the market ? I really don’t understand when people say H4 EAD holders fake resumes /fake interviews etc. Are employers really so dumb to recruit such people? Then this isn’t a problem with the H4 EAD holders, this is a problem with the recruiters. I am not talking in favor of H4 EAD because my husband need it. It has to be fair. How will it be fair for my husband to loose EAD? So it is being said that H4 EAD holders are mainly programmers, working in superstores, etc. Are these the only jobs in US and are they very competitive?

      1. Ravi

        All Skilled H4 EAD holders are not just impacting American jobs. They are actually impacting Indian guys who wants to come here on H1B and take job.

          1. RM

            Yes. i know same boat for other folks like L2 ead, OPT. my company itself l2 ead lady working for job under 55K as analyst programmer. It should be applicable for everyone . i support H4 ead , l2 ead etc. lets stop this separation. its very less people for h4 ead compared l2 ead or other,

        1. Rohith

          @Ravi Oh really, thats your problem. So you want to pull down a fellow Indian, so that you can climb up the ladder. FYI H4 EADs are not issued to all spouses of H1B, but only for those whose spouses have approved i-485. If not for Green card backlogs, he/ she would have been a permanent resident already and free to work anywhere. So, by your logic you should cry on all the Green card holders like
          1) Like ppl who marry US citizens
          2) Family based immigration
          3) All other nationals whose received their Greencards based on employment immigration,

          And also, every year about 1 million Green cards are issued. Among them only 140,000 are employment based. So effectively 860,000 less qualified non us -citizens are entering job market every year. By contrast only 85,000 new H1Bs are issued every year, some of those spouses would already have their own H1Bs. so maximum around 30% of them apply for H4 EAD. So at maximum it would be 25,000 new H4 EADs issued per year.

          So to sum it up, assuming all the H4 Eads are issued to less qualified people, still it is mere 25,000 as against 860,000 non employment based green cards issued every year. Not even 3 % (even if account some children in GCs, the percentage would go upto max 6%) and you keep crying on them. If you account for L2 EADs etc.. the percentage would be even less. Shame on you dude, just shame on you.

          H4 EADs are issued so that ,their families wouldn’t suffer due to extensive green card backlog. Imagine a family of four being supported by just one income source for years and years. It is more important that this H4 EADs are issued to less qualified ppl, so that they can easily find some clerical jobs and support their families.

          Note: Yes ppl still feel its better to stay in USA with one income source rather than being in India. But that doesn’t mean you can treat ppl like shit and make their life miserable.

          1. Ravi

            Dear Rohit…I was on H1 initially but never tried for a GC. But when I moved on to L1, I got it processed.. So I don’t have to cry on H1 quota..

            Not sure if you are aware..In India for most of the state govt jobs, the retirement age use to be 60 years..and then they reduced 58 years….The folks at the age of 58, who were assuming that they still have 2 more years to work, they had to retire in the same year….it was a govt decision to support..my close families got impacted…we couldn’t fight/do any thing in our own country..

            we being immigrants, who can’t fight against corruption/cheap politics in our own country, talking about Logic in another country doesn’t make any sense my dear Rohit..

        2. Teja X

          Dear Ravi, try to understand the basic concept, if N number of families can supply 2N workforce then why the US would want 2N families here to supply 2N workforce.

          its not charity that everyone (indian) should get a chance to come to the USA., its just demand and supply.

          1. Ravi

            Dear Teja….if you are talking about 2N work force…then why H4 EAD should be given to only for the Green card queue spouses ? why not for all H4 dependents ? like L2 EAD….

            you can do the 2N math now

      2. Desi Firangi

        Ravi, your statement is laughable. One comment says if he is MBA why should he be in dependent visa why can’t he apply for H1, the next one says because he is in EAD he is taking away jobs of H1 from Indian guys who want to come here. Now let me put this back to you. Why don’t you go back to India either when your project is complete or your 6 years tenure on H1 is over. That is going to give opportunities to the Indians who want to come to the US. No?

        1. Savejobs

          Hi Desi Firangi,

          If you are competitive and good experience and very “talented” , why can’t apply H1-B ????. Now H4 EADs are less in number but going forward ( down the line in 5 years ) its going to be very bigger pool. Its going to affect every one. Compare to H4 EAD L2 candidates are very less in numbers.

          “Talented” H4 EADS why can’t you guys at least try apply for H1-Bs??

          I can say , H4 EAD is very shotcut to get the jobs compare to H1-Bs.

          1. TujheDekhaToYeJanaSanam

            @SaveJobs Why don’t you study hard and try to be a better performer at workplace who will outwit the EAD holders.

            Let me explain you the immigration system. You need a person to work in your home for washing utensils from October, will you sponsor a person for that role in April with no assurance that the candidate will be selected in lottery and with no certainty whether you will still be using ceramic utensils starting October or you will change to paper plates ?

            This is the reason H1B sponsorship is not so easy even though the applicant might be highly educated. But its damn easy for someone from Somalia with no education to come here and work as labour and get GC in few months. First think of mending the broken immigration system.

          2. Desi Firangi

            @SaveJobs sorry to be a party pooper, I am a naturalized citizen. That doesn’t mean that I should not bat for other non-immigrants unlike few who want to pull others down and go up no matter what and want everything good to happen to them whereas pray for others to suffer. That’s mean and shameful.

      3. spal

        @Ravi: My husband’s current company is willing to do H1B for him but they claim that the possibility of it being approved is less given the nature of his job (marketing) and his lack of degree in US. Their company have done quite a few H1B in the past years for similar profiles and those petitions have been queried a lot. Marketing is not an area where it is easy to find a sponsor.

        1. Bull_reddy

          SPAL is right. MBA / Marketing is not considered as a speciality skill or related to STEM for H1B . So stop whining and get a life.

          Jai H4 EADs !

        2. Ravi

          Looks like there are 2 Ravi’s responding…

          Yes. You are correct. Your Husband has very less chance of getting H1B approved. So mostly the jobs in that skill sets should be taken by Citizens. Thats what Savejobs is fighting for. It is very clear in your husbands case that H4 EADs are impacting local jobs…clear ?????

    1. Bull_reddy

      Usually the story is never about genuine candidates. The story always centers around fake resumes. I support H4 EADs , because fake H1s are being cornered. In fact USCIS should use the H4 EADs to eliminate some positions from H1B category.

      1. spal

        @Bull_reddy: well said. There are so many people who are working on tourist visas and eventually end up staying here illegally too. There are so many illegal immigrants working for cash who also end up taking away American jobs. This is what needs attention not H4 EADs. There are so many areas of immigration that are being misused. Why are H4 EADs cornered? Instead of removing H4 EADs , it could rather state that it should be used in par with the educational experience or they can come up something to keep a check on where they work. I know this is easier said than done. This would benefit who are being fair to the system. Overall, I believe everyone should get their fair share. Students are getting a better share of the H1b visa quota. They are being put into the lottery twice and have more chances. It is not possible to give away H1B to only students because they have masters (fyi – I have a masters too from here) .There are specialized occupations that need skills and experience. Students if not selected in the quota can try to get a job at non-profit organizations that are non-exempt.

    2. chinna

      waiting on H4 EAD removal, it saves thousands of students strugle and thos who are completed masters they will easily get jobs and settle down here. becuse of H4 EAD guys there is no jobs for graduates. and they are working for very less salary when comparatively H1’S and other work visa’S. even i struggled a lot but now i’m in safe when comparatively with those who are pursuing CPT,OPT. most of them going to hate my commet but this is the truth. students speding lot of money on styudies and end of the day there is no jobs for them. people like H4 EADS they simply married H1 GUYS and come here Applying for the jobs for $20, $30.

      1. Pedda

        First thing who came to Master’s here are to study and go back, isn’t it the same you said while obtaining your F1 Visa ?
        So why are you still here and dreaming about settling down here, liar

      2. Tavh

        Go back after competing your masters degree . H4 ead is applicable for people waiting for green card . This is not applicable for all h1b dependents .

      3. Ravi

        You liar . Your visa will be rejected soon . You definitely will back to your home country soon. My prayers are with you

        1. chinna

          @Ravi…..

          Better be careful with your words bloody, that is only my opinion, who the hell are you to pray on me , here only the people know about H4 Category how you guys are thinking and where are you up too 🙂 and your way of throwing post on public. ultimately you will be the gone case.
          any how thanks for your blessings….

          1. sam

            Chinna – you started complaining about h4 ead man, if you don’t have any confidence on you don’t come here anymore with any post .

      4. spal

        Excuse me! I did my Master’s too here and have been here 10+ years contributing to the organization and also to the healthcare system. Moreover these EADs are given only to those who are in the GC path not for all H4s. I have given so much as H1B holder and I deserve to take back something which I think is EAD.

      5. murali

        Chinna . here it’s all about backdoor system . nothing is going to change unless employer stick with genuine candidate. Employer and consultancies should take care of good candidate and perfect screening. nothing will matter about EADs here. Even L2 ead, F1 and OPT will work for low wages . Otherwise they will stop approving H1b extension visa after 6 years. They already struggled 6 years sitting home right. I agree with low wages , but this is something administration should take care.

      6. Bull_reddy

        @chinna – When you say you guys done Masters with good quality degree. You should be going for speciality occupation jobs man not Quality Testing , Programmer Analyst , Business Analyst. Most H4 EADs go for these kind of jobs. Which means Master’s graduates are not skilled and jobs they seek are not Speicality occupation. So these guys should be thrown back to the country they come from.

        Jai H4EAD, Jai Jai H4 EAD

      7. Desi Firangi

        Chinna, did you do your master’s in the US? I have seen tons of guys who did master in one field and end up in IT just by faking their resumes through consultants. Now, I wouldn’t want to prejudice that you are one among them. With the current job market, I don’t believe H4 EAD’s are taking away other’s jobs. Most of the H4 EAD’s are not pushovers, they are either equal or sometimes even better than their spouses when it comes to education and work experience.

      8. RoseMerimarlo

        @chinna
        So you realise now that the value of your US masters is shit outside USA.

        You came to USA in a fraudulent way stating in visa interview that your intention of going to USA is to gain knowledge and travel back. Now you want to be employed in USA and blaming h4EADs. Such a blatant liar.

  16. Lucky

    What about Life Science Technicians working in the institutions? I have passed 2 levels of interview and I am the topper in the interviews based on rank system. I got hired. As I am doing this job for about couple of years, everyone is saying that I am the best fit.
    Sad that my institution does not sponsor H1B Visa for my position. I am so worried about losing the EAD because these days jobs are competitive and it is very come hard to find a job that fits for you.
    I am supporting H4 EAD and I would request everybody to support H4 EAD. Because there are so many people like me who wants to work for good and serving other people.

    1. Mayuri

      I’m in same boat dear. Unfortunately, its almost impossible to find H1b sponsors in this domain. without a PhD and Post doc. Only masters degree even is not enough, H4 EAD is my only hope.

      1. rr

        Wait till April 1st . proposed rule review will be published then. chances are high that ead will be allowed till expiry. don’t expect anything other than that unless a file suit against them(less chance) . looks no one supporting h4 ead petition due to very less EAD people now. almost 60% lost ead due to H1b denial and most of them back to home country. around 1L ead published all together and now believe less than 40K will be used. i don’t know why big fuzz on this for small count, i support EAD ! but i know many husband trying to get spouse job without any interview with client with same company with the same projects. lets stop this first. this is affecting really talented people. company should stop accepting people like this . mostly CTS , IBM TCS etc,

      2. HM

        Hi Reethu,

        No good news yet but i believe at least we should be allowed to work till visa expiry. In the mean time i would say try for other countries too Canada, Australia etc. GC queue is very long here too.

        1. Renu

          I am sure you will be allowed to work until ead expiry. Even DACA participants got a chance to submit their last renewal with in two months of publishing new rule.

          Everyone should get united and file a litigation against removing the EAD.

  17. raj

    After the 2 years existence of H4 EAD, we see them everywhere taking the poor American jobs. Even if we ignore those jobs and talk about highly skilled jobs.. markets are flooding with fake H4 resumes. No relevance of education, no experience, no skill set.. Can’t communicate properly.. Poor work ethics boasting about their spouses.. working for low billing rates.. hurting the opportunities for H1 and F1.. I believe this is the strong reason the Desi community itself has not voted in white house petitions even after one month.. They got only 63,500 so far which is not even close to the count ofone year H1 quota..

    There are 500,000 Indians in all categories of Green card backlog.. So not even the green card backlog community is encouraging H4 EAD. It’s clearly evident. It is also said the same H4 group has not supported while collecting the signatures for OPT 2 year rule proposed by Obama, The F1 student community has struggled till the end to gather the momentum. Looks like they has their revenge now.

    Are these the Highly skilled jobs that H4 EAD are taking?
    Walmart, Kroger, COSTCO, Macy’s, JCPenny, Meijer, Sams, K Mart in-store jobs
    Labeling and package handling at Amazon
    Servers and clerks in restaurant chains and Desi hospitals
    Uber and Lyft drivers
    Working at Day care centers
    Data Entry and Medical transcription jobs
    Testing jobs with billing as low as 20$/hr

    Time to say good bye to H4 EAD.

    1. Sumit Kapoor

      So you are afraid of these fake H4 with relevance of education, no experience, no skill set.. Can’t communicate properly.. Poor work ethics boasting about their spouses.. working for low billing rates?

      On one hand there are these fake H4 and on other hand you (highly educated and highly skilled, passed out of a very good college with MS degree) and still you are afraid of them then its your fault not system.

      anyway I support for H4EAD for highly skilled jobs the reason I mentioned just below this comment.

      1. Srinath

        Its not quite that simple. Companies would prefer in a lot of cases to not hire older and hence more experienced workers for a lot of reasons. Its a lot easier to blame someone in case of problems if its a beginner, and they offer very low salaries and they can also blame the budget. Its almost like “if a person knows all this stuff – they also know better than to work here” so cluelessness is rewarded ,and occasionally blamed.

    2. Sumit Kapoor

      If you are highly skilled then why are you worried about the following jobs? This is not your issue, if a citizen criticizes this then I can understand his legitimate problem, but why are you worried about these jobs?

      Walmart, Kroger, COSTCO, Macy’s, JCPenny, Meijer, Sams, K Mart in-store jobs
      Labeling and package handling at Amazon
      Servers and clerks in restaurant chains and Desi hospitals
      Uber and Lyft drivers
      Working at Day care centers
      Data Entry and Medical transcription jobs
      Testing jobs with billing as low as 20$/hr

    3. Bull_reddy

      Believe me , I have seen more H1Bs with poor ethics and communication skills. Cooking rice in office microwaves ( not warming lunches ) , just to name a single incident. H4 Eads are thousand times better at my work place , they pay attention to details and maintain work timings better than H1Bs and just converted OPTs / H1bs.

    4. Jin

      Dear Raj,

      No one is taking anyone jobs. Most of the company give jobs based on the interview. If you have that skill you can always get a job. Give an interview and compete. People like you don’t even know the overall impact. You people don’t even consider the mental health of people who have to sit idle at home even with a good master degree and work experience. Also dependent of L1 can work and H1b cannot, don’t you think that’s also another issue. Why to have partiality with H1B people.

    5. HM

      Raj – we can wish same bad things for you too but we are not that selfish and jealous because we believe in our talent. Dont spread so much hate that people start wishing negative for you and then you will realise. You have no idea how it feels to sit at home without working . Dont try to test karma

    6. H4EAD Supporter

      @Raj and likes

      Self proclaimed elites are scared of fake resumes and poor ethic, that is classic. I have been working in US for over 12 years and have recruited several people, do people get in without right skills, occasionally. Do they last, almost never. Real problem is low tech job that don’t require heavy technical background were feeding F1 and H1, now they aren’t happy they have to compete with H4. Best part AI and RPA are eliminating those jobs. They need to blame their incompetency and they blame the system. I hope H4 stays for the good of people who deserves it. H1 and F1 aiming who are bottom fishing will be out of job with or withou H4. No different than blue collar manufacturing jobs that were replaced by more sophisticated machines.

  18. Sumit Kapoor

    I strongly believe that they should not only allow but promote H4EAD to work for highly skill jobs like Software Engineer (I don’t think they are high skill jobs), by doing so there will be lesser number of new immigrants (new H1B from India), and a new H1B does not mean only one person but around 4 new people coming to USA to eat normal US jobs (3 people will do normal job and only 1 high skilled).

    It is better to allow 2 people to do high skilled job and 2 normal job (one h1b family) rather than 2 high skilled job and 6 people normal job (two h1b families).

  19. Bull_reddy

    Internal news is that they are going to retain H4 EADs and they will use these H4 EADs to remove some of the H1B positions from “Highly Skilled Positions” . Everyone here knows most of the H1Bs jobs are “System Analyst” ,”Business Analyst” and “Programmer Analyst” “QA”. Even any american from Macy’s store with little training can do these jobs , its a fact , all these days H1Bs had no competition in faking , now H4 EADs are proving that they can do these jobs very easily ( most of the times better than H1Bs )

    Jai ho H4EADs millionaire !!!!

      1. Bull_reddy

        @Kumar Sir , no internal information. It’s so frustrating to see so many people talking against H4 EAD . One of the readers ( Raj ) says ” H4 EADs with poor communication skills working at Walmart …. ” from his perspective if H4 EADs are working for low skilled jobs , then why are you worried about H4 EADs, which part of his comment is true. I think its Raj who has poor communication skills.

  20. new

    Few Things to be mentioned here,
    there are many H1 and their dependents same as L and J visa holders,Why is it only for H4 visa holders impacting US economy?
    Dont they remove all immigrant visa’s then?
    rather than removing H4 EAD why dont they have some limits or bars on issuing EAD ? I know many H4 EAD holders well educated but is tied at home, its not spouse alone but this includes their kids as well , cant even work after having top education from US college and flying back to their country to work, agree they get the education from here and using it for their homeland to reap out the best, but why dont you think about the fact they leave their parents and sometimes siblings back in US ??

    Also did anyone notice, Many here pushing back on H4EAD are once immigrants and got in citizen ship later, i rarely see any non immigrant citizens,

  21. x

    H4ead can clear interview with fake experience & then continue to be an UNDERPERFORMER as the person has no experience & yet continued to be employed .

    Employers would just pay H4ead by looking at their face & do not expect them to work.
    That proves H4EAD is really talented, we need to learn this of being consistently an underperformer & yet be able to keep their job from H4ead folks.

    ROFL.
    IS that EVEN POSSIBLE? Apply common sense ? As an employer would yo keep a candidate who may have cleared the interview but is unable to DELIVER .Think!!!!!

    Also mark my words, you heard it 1st here .
    H4ead will remain that is insider news.
    :-).

  22. Mayuri

    Please don’t generalize. Not all H4 EAD’s work on IT. A majority work in non IT fields and have started their own business.
    Regarding the low pay, any business would prefer to go for a candidate who they have to pay less for same skill set.
    Please don’t categorize and spew hatred.

  23. Someone Impacted by H4EAD

    Please sign this petition. Please also send to your acquaintances , friends who are impacted just like you. We need a response from the White House.
    https://petitions.whitehouse.gov/petition/h4-ead-please-do-not-revoke-h4-ead-policy

  24. Bhaskar

    Hello Anil,

    Thanks for keeping everyone updated. I am wondering what will happen to SSN if the EAD is revoked. will it automatically become invalid?
    In that case what happens to the investments and SSN contribution? can we operate bank accounts opened using SSN?

    Keep up the great work!

    Regards,
    Bhaskar

      1. Scr

        Because most h4ead are incompetent.
        They have no work ethics.
        They stagnate the wage because most are housewives ready to work for any amount. It impacts the work work culture
        It’s not fair to competent people. There are students who are higher skills, more professional, advance degree from US, they deserve the visa first than house wives
        mid-skill level jobs where many h4ead work, employers have stopped taking H1 to save cost and taking h4ead instead. That is discrimination against H1 who came here on merit.

        1. vf

          first we need to provide return ticket to him , students once they are finished studies here. that will create more jobs here for all. they will join here as intern and slowly adjusted to work culture without any skills.

        2. Desi Bulls

          That’s just disgusting !!!!!!!! All these people who complain about H4 EADs are really low skilled people. Just listen to yourself, unable to compete with H4 EADs. And look at your gender discrimination ( Housewives ) , I know for sure most of H4EADs equally educated as most of the H1Bs. It clearly clearly proves that all the H4 EADs current jobs can be done by US Citizens and do not belong to H1Bs , I hope H4eads authorizations are retained and H1Bs gets thrown out.

          1. Renu

            All these are so called selfish people who can’t digest the double salaries of their friend’s families.

            Do you know how many women left their promising careers in india and came to USA along with their husbands?

            There are lot of OPT candidates who work for peanuts. Why dont you complain about them?There is no limit on these OPTs and we are just complaining about 40K H4 EADs?

          2. Alicia

            @Renu
            You can marry to an desi guy. You are highly skilled, you come here and then convert to H4 ead. This is what you did right!
            Yes OPT works for peanuts atleast they will agree they don’t have more experience. But H4 ead’s are having jobs with no interview.

        3. Raj

          Hello why you think most H4-EAD’s are Housewives and not qualified for IT Jobs? Most of the Dependents are Engineers graduated from good collage, the advantage of this H4- EAD is keeping the family together.
          I agree there are very few people which are not qualified for the Job might be in H4-EAD, in which those few people are working in stores which are not impacting you. Also some people they are not taking the advantage of H4-EAD.
          My Wife is a Dentist She did BDS in India and DDS in New York University, because of H4-EAD is we are together at one place.
          Like us there are lot of people who’s are united because of H4-EAD.
          Lets save H4-EAD.

        4. Raja

          haha, that sounds so FUNNY! H-1B is merit based specialty occupation, why are you afraid of the low skilled House wives! If the companies think that a H-1B employee can be replaced with a “Low skilled” House wife then that H-1B employee is good for nothing and should find a Job in a better company that match his skill level rather than competing with House wives!!

    1. Ram_si

      definitely working as desi consultancy with very low skills . that’s why posting this. we can understand your feelings! keep upgrading your skills.

      1. Scr

        Because most h4ead are incompetent.
        They have no work ethics.
        They stagnate the wage because most are housewives ready to work for any amount. It impacts the work work culture
        It’s not fair to competent people. There are students who are higher skills, more professional, advance degree from US, they deserve the visa first than house wives

        1. eee

          Nobody is complaining about companies about discrimination. You can easily blame whole h4EAD program because of someone misusing it. WOW…
          The same rule applies to even H1B too. Are H1b’s not stagnate the wage? Just think

          1. Srinath

            Yes as a general rule, all immigration lowers wages and increases cost of living by making vacancy rates in apartments go down, in turn they raise rents etc. Companies that hire a lot of H1’s treat everyone not just their H1’s very badly. Mainly IBM, CGI, Accenture, capGemini etc. Companies that are Even more H1 dependent like Infosys, TCS have of late begun to treat their non H1 employees a lot better and in effect have a 3 tiered approach to their employees. The local (white and black etc – non indian) non H1 is treated like a king, the local indian non H1 sometimes is treated poorly, but usually when they know they cant push you around, it results in better treatment closer to the non Indian. Then they absolutely treat H1’s terrible, like make you move 2000 miles because they don’t want to find you something local which may result in a few more days of bench time – or even worse, they’d make the H1 move to where they can bill more even though they have “location independent salary” so they can make more $ while paying the employee the same.

        2. noumi

          lol how ignorant. being a ‘house wife’ is not a qualification, it is a ‘state’ in which any woman can end up. I am on H4 and I am more qualified than many of the H1B holders that I know of(people say that). I am educated from one of the top institutes of India and I have scored highest ranks in every competitive exam that I ever took, got selected for three companies in campus placements. So any person can basically end up being a ‘house wife’ because of life situations, not because they are less in qualifications compared to any H1B holder.
          Just to recall, most of our mothers are ‘housewives’ because of social rules and not because they are less qualified than our fathers or us.

    2. Bull_reddy

      H4 EADs ( especially Indian women ) have really made lot of progress with employment opportunities. I have noticed , at my work place , learnt speaking and writing better english than H1bs, they listen and pay attention to details. Whereas H1Bs , partially may due to pressure on maintenance of status , they loose interest quickly on work when the job is stable and keep complaining about how they employers are taking a big cut and talk about indian politics all the time. As an employer or manager , I prefer H4 EADs to H1Bs.

      Go H4EADs !!!!

      1. mm

        there is no need for categorization, if you are good with skills and active at job, employer will prefer you either H1b or h4 eads. now its a matter of h4 eads to continue with some rule change based on speciality occupation. at least some background should be conducted prior appointment.

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