H4 EAD Revoke Estimate Timeline Predictions Info

H4 EAD Removal Estimated Timeline, Predictions, Revoke Status(May)

In H4 Visa by KumarUpdated : 103 Comments

Every regulation/rule , including H4 EAD removal, proposed by an agency like DHS goes through majority of the 9 steps in US Rule Making process . H4 visa EAD is planned to be removed by DHS and it is currently going through this process.

We have mapped current H4 EAD revoke status to the standard rule making process below. If you want full background, you can check out the entire history of H4 EAD removal, News

We will look at historical dates for original H4 EAD rule, time taken for processing by varying speed and predicted dates for H4 EAD rule revoke in 2019.

H4 EAD Revoke Rule-making Current Status by Step

US Federal Rule Making Step

H4 EAD Rule Removal Status, Time Taken

Additional details on H4 EAD Revoke Status at this rule making step

Step One:

Initiating Events

Completed

Took around 24 Months with lawsuit

It all started with a lawsuit filed by ‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) in April 2015, then dismissed by court in 2016 and again contested in US Court of Appeal for the DC Circuit. With new Trump Administration, the case was on hold for quite some time until mid-Nov 2017.
Step Two :

Determination Where a Rule is Needed

Completed

Took around 6 months with lawsuit.

In mid-Dec 2017, Trump Administration published Fall 2017 regulatory with an agenda item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”, indicating their intent to remove H4 EAD Rule from 2015. It was published in Federal Register. Here is the first original one at Reginfo.gov from Dec 2017 with NPRM ( Notice of Proposed Rule Making) date of Feb 2018.
Step Three :

Preparation of Proposed Rule

Completed

Close to 12 months.

Since the original H4 EAD removal rule has been published in federal register, it has been moving very slow. It was part of Spring 2018 regulatory agenda with NPRM date of June 2018.  Check Reginfo.gov with June 2018 as NPRM . Again, it was part of Fall 2018 Regulatory Agenda with NPRM  date of November 2018. Check  Reginfo.gov with Nov 2018 NPRM date

In January 2019, we had new Bill introduced in house called H4 Employee (EAD) Protection Act to stop the H4 EAD revoke process.  Also, on Jan 18th, replacement brief was filed by Save Jobs USA and motion to keep the case in abeyance (on hold) by DHS was denied by Court..Immigration voice is also part of the defendant team now. After another appeal DHS got the new dates for their brief moved to March 18th, 2018.

On February 20, 2019, DHS finally sent the H4 EAD removal rule to OMB for review. It is almost 12 months in this step.

Step Four :

OMB Review of Proposed Rule

In Progress

Estimated few days to 90 days

As H4 EAD removal rule is categorized as “significant”, it has to go through Office of Management and Budget(OMB) for review.

On February 20, 2019, the rule was sent to OMB for review.  Check the H4 EAD removal rule status of Pending EO review on RegInfo.gov.

OMB can take anywhere from few days to 90 days as per their convenience. If they take up full term of 90 days, then this will complete on May 20, 2019.  There were few meetings done in March and latest was done on May 1st. OMB was supposed to update by May 20th,  but nothing happened. They can extend it by another 30 days, if they want to…It could stretch till June 20th, if they do so…

Also, we have a court lawsuit going on in parallel to this, in the DHS Brief filed with Court on April 1st, they indicate that they will publish to federal register once the process is complete with OMB. See below. We need to wait and see.  DHS Intent to Publish in Federal Register H4 EAD rule removalAlso, after the DHS brief was filed, on April 8th, 2019, there were intervenor briefs filed by Immigration Voice and other trade organizations, where they all support H4 EAD and explain the impact of H4 holder to economy and how DHS has the authority. On April 29th, Save Jobs filed their Reply Brief , where they put up strong argument that DHS exceeded their authority. Now, we wait for court steps for oral hearing. No new updates as of May 20th from court.

Step 5:

Publication of Proposed Rule

Not Started Not started
Step 6 :

Public Comments

Not Started Not started
Step 7 :

Preparation of Final Rule, Interim Final Rule, Or Direct Final Rule

Not Started Not started
Step 8:

OMB Review of Final Rule, Interim Final Rule, or Direct Final Rule

Not Started Not started
Step 9 :

Publication of Final Rule, Interim Final Rule, or Direct Final Rule.

Not Started Not started

H4 EAD Rule Revoke Estimated Timeline – Future Predictions

Below are the estimated timelines for H4 EAD Rule removal. They are based on some assumptions and some standard durations that each of those steps take.  The table will be updated frequently to reflect updates. Prediction Timelines last updated on May 20th, 2019. For below predictions, we are assuming OMB’s deadline of May 20th is passed and they will extend another 30 days to go to June 20th. 

DHS Rule-making Stage of H4 EAD Revoke Duration / Pace of Rule Execution
Fast Medium Slow
Step 4 : OMB Review of Proposed Rule 7 days 11 days 41 days
Step 5: Publication of Proposed Rule
Step 6 : Public Comments 30 days 60 days 120 days
Step 7 : Preparation of Final Rule, Interim Final Rule, Or Direct Final Rule 30 days 60 days 90 days
Step 8: OMB Review of Final Rule, Interim Final Rule, or Direct Final Rule 15 days 60 days 100 days
Step 9 : Publication of Final Rule, Interim Final Rule, or Direct Final Rule.
Delay for Effective Date for Major Rules 60 days 90 days 90 days
Total Estimated Days 142 days 281 days 441 days
Estimated Date for H4 EAD Rule Revoke Oct-9-19 Feb-28-20 July-24-20

If we put it in a chart, it looks like below

If we put the overall days in a chart, it looks like below.

Historical Timeline for H4 EAD from 2014, 2015

If we check out the original H4 EAD rule passed from 2015 at Reginfo.gov, below is the timeline from NPRM comment period start to the rule being effective. The original NPRM comment period started on May-12-2014 and the rule became effective on May-26-2015.

H4 EAD 2015 Rule Making Action Date
NPRM 05/12/2014
NPRM Comment Period End 07/11/2014
Final Action 02/25/2015
Final Action Effective 05/26/2015

Prediction of the H4 EAD Revoke Date Timeline – How many days in future ?

As per past H4 EAD history from 2015, the timeline and dates for original H4 EAD rule making, it took over a year from the day NPRM comment period started. If we look at current state of H4 EAD rule removal, OMB has just received it on Feb 20, 2019 for their review of the proposed rule. As per our estimated dates above and the projected timeline, with the current pace, we should consider medium pace and that date comes to around  late mid February 2020. This is if everything goes well. With the court litigation in parallel, DHS may try to speed up the process, if so it may be even delayed and we are looking at somewhere around July 2019.

Now, looking at the current state, there could be many delays in the entire process. We had a bill in House introduced in January 2019 for H4 EAD not to be revoked, which has been dormant for some time now…besides, Democrats having majority in the US House, that can play a role as well. Based on the political strength, the Trump Administration would handle this carefully and try not to push too hard to get it done quickly due to their situation in House and bigger immigration issues that they are dealing with.  Also, we have now the court case lawsuit back from abeyance (dormant state/ hold) for oral hearing and replacement brief was submitted by Save Jobs USA on Jan 18th and DHS Submitted their appellee’s brief on April 1st, where they say court should uphold previous decision from district court, but they indicate that H4 EAD rule removal is in process and waiting for OMB approval… Also, the new intervenor briefs submitted by Immigration Voice and other trade organizations also support the H4 EAD rule and asking court to uphold the decision from district court. But, the reply brief filed on April 29th from Save Jobs says DHS exceeded their authority, it will be interesting to see what happens in oral argument.

In summary, looking at all of these and timelines, we predict that, it may take an estimated amount of at least 8 to 10 months or more for H4 EAD to be removed. Things may change, but that’s how the outlook stands today. We will review and update the predictions as per changes and events, stay tuned.

What do you think ? What is your take on the H4 EAD removal estimate timeline ?

   

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Comments ( 103 )

  1. H4 EAD application

    Hi Kumar and exp members, Can you please guide me on how can I stop my H4 EAD application because my H1 is successfully transferred to a new employer. Also I put a cashier check in application envelope, are there any chances that I get my cashier check back?
    Any help is greatly appreciated.

    1. administrator
      Kumar

      Well, it may not be possible, once you have sent it. You can write a withdraw letter to USCIS to withdraw the application, but I am not sure, if they would refund you…You can try calling USCIS.

  2. Sr. Albert, Dave

    As a native born American, I have many Indian friends that are on H-1B & H4 . And, unfortunately, have been awaiting for 12+ years for their Permanent Residency status. In all honesty, I’m ashamed of the shameful & unjust treatment of America’s USCIS upon so many Intelligent, Hardworking & Honest Indian Professionals.
    In response to your questions, I Hope & Pray every day now that our current “leader” called Trump will be impeached ASAP so that THEN, many, if not all, of his unjust laws & executive actions against Legal Immigrants will be reversed &/or stopped from being implemented &/or enforced, so that your concerns will be eliminated or at least be processed “Justly & Expediently” in the manner that you & others like you so deserve.
    I Wish the Best for Each & Every One of You on your admire-able & difficult journey for a Better Future here in America.

  3. chinna

    Hi Kumar/ Sourabh,

    My wife is on H4 -EAD expiring March 2nd week of 2020, so we should be able to apply for renewal in Sep of 2019.
    What are the chances the rule will be revoked by September ?
    Please provide your thoughts.

    Thank you.

    1. administrator
      Kumar

      The rule still has a long way to go. Even, if it is on its way out, it very likely will not be revoked by September…

        1. administrator
          Kumar

          Well, not much will change other than the graphs, we will do it soon. These are pure estimates and speculative predictions…Please do NOT make any decisions based on the speculations and predictions.

  4. victor

    Hi,

    My fiancée is holding a H1 visa, We are planning to get married soon. She is in US now, but I am in Australia now. I am very confused now with following questions:
    1. after we get married, I still can apply H4 ead, right ? And will this process became very slow ?
    2. Since H4 ead is on its way to cancel, Will the employer start to refuse to hire candidates with H4 ead visa ? Because these days, I have saw some ad has these words “Note:: We are not working with OPT EAD/L2 EAD/H4 EAD”
    3. Let’s say if I can get H4 ead on Aug 2019. Then the H4 eas cancel on Nov 2019, then I cannot work in US immediately ?

    thanks very much, I am so anxiety these days.

    1. administrator
      Kumar

      1. Not everyone are eligible for H4 EAD. Read above article background to understand, if you qualify based on your finance’s H1B.
      2. No, they cannot. H4 EAD is not cancelled yet, it is just going through litigation and rule-making process, not done yet. Employers cannot discriminate in hiring based on that and will not do that.
      3. This is something that USCIS will inform, if H4 EAD removal rule becomes effective. Too early to speculate.
      Don’t worry too much on this, if you can get H4 EAD based on your fiancee’s H1B, then go for it and you will be able to work.

  5. Amit

    Hi Kumar,

    My H1 is extended to 2022 while my wife’s h4 is valid till Aug 2019. If my wife renew her h4 outside US and enter US, can my new company file my h1 transfer and her h4 EAD together in premium processing? Would the EAD be approved within the pp time window? According to USCIS, I-765 can be filed concurrently fired with an I-539, or an ‘I-129/I-539’. Does it mean I can only file the H4 EAD extension alone or along with both H1 + H4 extension?

  6. Mrs.M

    I had H4 EAD which expired this March 2019.I couldn’t get a job while I was on H4EAD. I would like to renew my H4EAD.Will they renew it if I apply for a renewal or do I have to apply for a fresh H4EAD?My H4 visa is valid till next year August.

  7. nisha

    Hi Kumar,

    I have an H4 EAD is valid till Feb 2020. My spouse is in the process of transferring his H1 to a new employer. say if that got approved with start date from May 2019, can I file for my H4EAD renewal based on new H4 or do I need to file it 6 months before its expiration? doesn’t a new H1/H4 establish new facts on H4EAD eligibility? I appreciate your reply.

  8. Neha

    Hi,
    H1-B – stamped in passport till Dec 2019 [worked on H1 for 8 years with i140 approved].
    Employment termination date – 30 April 2019
    H4 stamping Mumbai consulate appointment – 16 April
    Entering in US – 1st May

    Will my H1B cancelled on the date I will get H4 stamp [16 April]?
    or when I enter US on H4 visa [1 May]?

    Thank you so much!

  9. Jana

    Hello Friends,

    I had my I-140 approval from employer-A and resigned after 1-year of my I-140 approval and joined employer-B. I guess Employer-A withdrawn my previous i-140 due to my resignation (no longer employed by employed-A), I get error when i search my receipt number in USCIS site. Employer-B is now filing my Green card process and it is in-progress. Do i still use my previous employer-A sponsored I-140 to apply for H4 EAD?

    1. administrator
      Kumar

      If your H1B extension was based on I-140 approval, then you can apply for H4 EAD, it does not have to be from current employer.

      1. Dave Albert

        Hello Kumar! As I’ve been reading some of the questions presented to you from Immigrants of so many different categories of immigration statuses, I’m struck with the realization that the USCIS has such a COMPLICATED & CONFUSING & DOWN RIGHT RIDICULOUS PROCESSING MESS. SO COMPLICATED, THAT I WONDER HOW IN THE WORLD THE USCIS “EXPERTS” EXPECT IMMIGRANTS FROM A FOREIGN LAND THAT DON’T HAVE A LIFETIME OF SPEAKING & READING ENGLISH, CAN POSSIBLY UNDERSTAND THE USCIS’S COMPLEX & CONFUSING MESS OF RULES ??!!
        As an American, I’ve spoken nothing BUT English for my 68 years of living in America. I’ve got a Degree in Mechanical Eng. & practiced it for 43 years. But even so, as I read & TRY TO UNDERSTAND the many questions & answers & replies in this forum, that are inundated with acronyms & long drawn out procedures & processing & sub-processing, etc, I find my head is spinning after just a few minutes of reading them ! My heart & my sympathies go out to each & every Immigrant that’s trying to navigate through these USCIS “icebergs” that would sink the hopes of most Immigrants !!
        So many, TOO many, ‘Born as American’ Citizens seem to have forgotten that the whole Foundation Of America is built upon the legacy of THEIR very own Immigrant Ancestors that came to America long ago to seek out the many SAME OPPORTUNITIES that Immigrants coming to America today are also seeking. It’s a known fact that America is a “Land Of Immigrants”.
        I Wish the Best for Each & Every One of You. I’m quite impressed by your (Kumar) diligence & compassionate efforts to keep up with the ever changing & always complex requirements of the USCIS, in order to assist the many, many people who look to you for Help on a daily basis. “God Bless You, Kumar”.

        PS: I offer my Apologies to All Immigrants for the disparaging words & biased treatment that the current Trump Administration has unjustly heaped upon All Immigrants coming to America.

  10. Rajesh

    Hello,
    I am currently on l1b expiring on october 2019. My employer is suggesting me to move on H1B with COS. Do you think this is a good time to do that. Assuming that my employer files COS+H4+EAD in a month(in premium) and given changes for h4 for biometircs. Do you think i will be able to get h4 and ead together?

  11. Simi P

    My employer is planning to apply my h1b for 2019 but my employer’s attorney said that h4 EAD will be revoked as soon as H1 is picked up and they have a receipt number. I was under that assumption tha I can work until October 1st on h4ead and then cos to h1b. Now it adds to my confusion since if the attorney is right I’ll have to quit work until October 1st. I found contradicting information from other attorneys online.

    If anybody knows for sure or if there is somebody who worked until Oct 1st on h4ead and then shifted to h1b without quitting work please reply back.

    Regards,
    S

    1. Current H4

      Hi there – you can continue to work on H4-EAD for as long as you like, an approved H1B petition doesn’t automatically revoke your H4-EAD. I am in the same situation. Applied for H1-B with consular processing (so that status doesn’t change automatically on Oct 1st), have an approved H1-B petition, but only planning to ‘activate’ it once my H4-EAD expires or is canceled. When that happens, I plan to leave the country, get H1B stamped based on approved petition and re-enter country on H1B.

      Hope that helps

  12. Sudhaa

    Hello

    I am currently on H4 EAD valid until sep 2020. I used to be on H-1B and H-1B extensions after getting an approved I-140 when I filed for GC. That GC application is still open. Now my question is, with the way things are progressing for H4 EAD, is it advised for me to switch back to H-1B? if so, will I fall under quota or will it just be a h-1b transfer ? What is the earliest date by which I need to make that decision to switch?

    1. Desi Firangi

      If you have an approved 140 from your current or ex-employer the current employer can file a H1 COS. Now that premium processing has opened, you can wait and watch how things go with EAD decision. Just my opinion

  13. MBA Holder

    H4 EAD to H1B Possibility:
    I had used my L1B (5 year) +H1B (1 year) 6 years maxout with company A. They filed my PERM but resgined since I wasn’t able to move outside the country due to new born. I did my MBA during a 3 year break from the top college in USA and returned to work stream with H4 EAD 2 years back. I have H4 EAD until 2022.

    My question: If my current company B sponsors GC, can I move back to H1B after I140 approval? Or Do i need to step out of the country for 1 year to get back into H1B ?

  14. LadyEAD

    Sign the petition to save H4 EAD –
    petitions.whitehouse.gov/petition/h4-ead-please-do-not-revoke-h4-ead-policy

    Currently, this petition needs 60,311 signatures by March 24, 2019 to get a response from the White House.

    Also check your email to confirm your signature on this petition – its a 2 step petition process!

    1. chintakayala Appa Rao

      Revoking H4 EAD is a good thing, i personally have seen people misusing it. Husbands influencing the employers to employ the H4 EAD.

      1. Dave Albert

        Because you have seen a few individuals misuse the H4, you actually believe it’s fair & just to punish EVERY H4 ? The old adage “It takes only (1) bad apple to spoil the rest of the bushel” doesn’t necessarily apply to HARD WORKING & HIGHLY EDUCATED PEOPLE. That type of thinking would apply to a bigot who meets (1) “bad Indian”, so ALL INDIANS MUST BE BAD. For your sake, I Hope you’re never treated by people with that type of thinking.

      2. Desi Dude

        I have seen people from a specific state in India misusing and defrauding all kinds of visas: F1, H1b, day 1 CPT etc. Let’s revoke everybody’s visa from that state and these problems will go away.

        Don’t hate me on this because I’m using your same logic.

        1. Dave Albert

          You state, ‘people from a specific state in India‘. But even that statement still deserves the same reply I already mentioned earlier. And I don’t “hate you” for your comment. I just don’t believe it’s “Fair &/or Just” to punish EVERYONE for the misuse of a FEW. If you feel that strongly about the misuse you’ve seen to want everyone to be punished, then INSTEAD, it would be much more “Fair &/or Just” if you were to notify the proper authorities of THE MISUSERS. Then the People that are following the rules would be treated as they should…..Fairly & Justly. I know a few Indian H-1B & H4’s, and they make EVERY EFFORT to abide by the rules. I would certainly be ashamed of my own American Gov. to punish them anyways. If you were (1) of the many H-4’s that are following the rules, I would also want YOU to also be treated Fair & Just. Please don’t think I’m trying to treat you unfairly. That’s not my intention. It’s been an “anti-immigrant” atmosphere in America since Trump came into office. America is a “Land of Immigrants”. Including ME. My Ancestors came from Germany many decades ago. And ALSO including TRUMP. And, VERY RECENTLY, Trump’s Wife & both of her Parents. Trump had NO PROBLEM WITH THEIR “FAMILY OF IMMIGRANTS” receiving American Citizenship ONLY BECAUSE of their Daughter. His bias towards others DOING THE SAME is shameful & disgusting coming from an American President.

  15. Anu

    Hi Kumar,

    My H4 EAD is expiring in 2021. My current company is applying for my H1B this year. Should I apply as a change of status (initiate H1B in October if I get picked up in the lottery) or apply as fresh H1B, continue in H4EAD and travel out of the country when I want to activate H1B? Which is least risky according to you?

    Thanks so much,
    Anu

    1. administrator
      Kumar

      Anu,
      In general, being on H4 gives you more options to work..As of now, nothing is final on the H4 rule and how they will handle existing EAD holders. You can do your H1B COS anytime you want, if you know your H4 EAD is going to be removed by exiting the country or filing a COS. If I were you, I would file it as consular processing just to have options to work…

  16. kiran

    Hi Kumar,

    Appreciate all your efforts on answering our Questions!
    I got my I-140 Approved just few days back and Have an H1 Extension in another 2 months. Can i apply My wife’s first H4 EAD Application(not an extension) along with my H1 extension? I am planning to apply my H1 extension in premium, can i apply h4 ead in premium along with my Extension?

    1. administrator
      Kumar

      Technically, there is no premium processing for H4 EAD. You can file for H1B, H4 and H4 EAD together, USCIS generally approves all of them together in premium processing as a courtesy…But, they are not obligated to do so…

  17. Truth

    For all those Indians who support Trump or try to justify his actions take this as a learning. Trump hates you his entire family hates you and he wants to throw you out of the country. Just DO NOT support this inhumane person every again.

  18. shanthi

    This is very biased. When L2 visa will get L2 EAD for spouses why cant H1B visa get the same. Is L2 EAD folks not taking jobs?

    Also if jobs data show there are more jobs why H4 EAD became economically significant.

    The main reason is backlog why are more applications accepted if there is a backlog of 150+ years. Country quota shouldn’t be at the final stage the, it should be a initial application stage instead. Please fix the rules first instead than taking hard working peoples job who are legal and paying taxes and following rules. At one stage president is stating he accepts more legal immigrants. But he is on other hand making life of legal immigrants hard. If other countries (Canada, Europe) have spouse EAD why is US removing it now?

  19. Raj

    Hi Kumar, I am on H4 EAD currently which expires 08/08/2020 and my company has filed for H1 COS on Dec25th receipt date. Will I have a break in my employment if my H1 does not come in time ? Or can I apply for faster processing from USCIS citing huge loss of income ? Can you please throw your 2 cents on if I should be fine considering that the H4EAD will take 10 months to revoke ? Thanks.

    1. administrator
      Kumar

      No, that’s not a cause to expedite processing. You should be fine, don’t worry. They will open up premium processing for delayed petitions at some point, you would be covered and need be can expedite at that point.

    1. administrator
      Kumar

      Well, it is hard to know. USCIS will give guideline on how they will handle it once the rule is published…We need to wait.

  20. Saikumar

    Hi Kumar,

    DHS has yesterday sent the H4 EAD draft to OMB for review. Can a lawsuit be filed now during this review period by the defendants like immigration voice opposing the removal of H4-EAD ?

    Thanks
    Sharan

    1. administrator
      Kumar

      Not really, until the rule is published and final, lawsuit cannot be filed. The simple reason is, on what basis can they file, while the process is still ongoing on the rule details are final.

  21. AnushaP

    Hello Kumar,

    I am currently working on H4-EAD (valid until 2020). However, I had filed for H1-B in consular processing and got picked in lottery last year and expires in 2020. I haven’t yet converted my visa status by traveling out of US. I am waiting for a proper judgement on H4-EAD before letting go of it. Is that a good idea or do you recommend me converting to H1-B ASAP?

    What happens if I don’t end up changing to H1-B and it expires? Can I still file for H1-B later and be cap-exempt or will I be subject to lottery again?

    Thanks,
    Anusha

  22. H1- H4 EAD

    Hi Kumar,

    I have a question. I have H1 approved but its approved until july 2019 and I am not sure if I will get an opportunity from my employer for onsite . My husband’s I-140 is approved. Can I apply H4 and immediately apply H4 EAD and join a company but in this case I dont know if I can use my H1 later with same or different employer?

  23. Karma2018

    Hey Kumar!

    Thanks for the detailed analysis. The effort is much appreciated.

    i am currently working full-time on F1 CPT and thinking about transferring it to H4 EAD. I know the maximum time is 6 months. My question is, till the time my transfer from F1-H4 happens, can I continue to work on my CPT?
    I understand once my status is changed to H4, I can’t. but till that Can i continue wroking on my current work permit status.

    Thank you

    1. administrator
      Kumar

      When you apply for COS, you can put in start date after 6 months, which means you can continue to be on F1 status until your H4 is approved and can do what you are currently doing on F1. You can apply for H4 EAD and H4 status change concurrently as well.

  24. VD

    Hi Kumar,

    I’m on H4 visa, my visa is valid till Sep 2020 but my I-94 is stamped till Sep 2019. Soon I’ll apply for H4 EAD, my EAD validity duration will be based on my H4 visa end date or I-94 validity date?

    Please let me know your thoughts on this.

  25. Pramila

    Hi Kumar,
    Can you please provide your input here. My husband i140 is filed in premium. I have plans of travelling to india for 3.5 months after applying for h4 ead. Will my Ead be approved in this case. TIA

    1. administrator
      Kumar

      As per USCIS, you may travel during when H4 EAD is pending. But, they indicate that, if they need any information and you do not provide that during your absence in US, then they may deny the petition. You can read guidance at H4 EAD FAQ USCIS Website

  26. Aspiring H1B

    While this forum is for H4 EAD, I wish to bring to your attention the Maria Mendoza case.

    She is an illegal alien that was deported to Mexico last year and issued a 10 year immigration entry bar. Thanks to liberal politicians love affair with illegal aliens (“immigrants” as they call them), Senator Diane Feinstein was able to lobby Immigration to grant Maria Mendoza an H1B and approve her entry to the US via the I-212 , which is a waiver for those that have immigration entry bar.

    I believe in equal opportunity and equal enforcement and hope the above is helpful to those in similar circumstances that have a reentry bar. This must be the only country in the world that rewards criminal behavior (entering illegally is a crime)

    For details on the story see:
    https://www.mercurynews.com/2018/11/30/oakland-cancer-nurse-deported-to-mexico-has-a-chance-to-return-to-u-s/

      1. Dave Albert

        In all fairness to the LEGAL IMMIGRANTS in America who have abided by every LEGAL GUIDELINE set up by the USCIS, “Aspiring H1B” DOES have a legitimate point. Personally, I’m VERY HAPPY that your case was overturned & you were allowed to return to America. At the same time, then WHY are the LEGAL IMMIGRANTS being treated so shabbily with NO, OR VERY LITTLE RECOURSE to overturn the injustice that SO MANY HUNDREDS OF THOUSANDS OF LEGAL IMMIGRANTS ARE NOW HAVING TO DEAL WITH ? As an American Citizen, I’ve unfortunately found that in America “The squeaky wheel gets the grease.” I assume you follow what that means in reference to the current immigration atmosphere in America. There’s been MAJOR MEDIA COVERAGE & A HUGE UPROAR about the plights of SO MANY ILLEGAL IMMIGRANTS. And rightly so. But ALSO, & EVEN MORE “RIGHTLY SO”, WHAT ABOUT THE “EVEN MORE UNJUST PLIGHTS” OF SO MANY LEGAL IMMIGRANTS ? There must be equal & just legislation for ALL IMMIGRANTS IN AMERICA.
        It’s widely known that America’s IMMIGRATION SYSTEM IS “BROKEN”. It’s needs a total revamping before it can have any resemblance of a Fair & Just System for ALL IMMIGRANTS COMING TO AMERICA. And Hopefully the injustice that was finally rightly corrected in your particular plight, can ALSO BE CORRECTED FOR THE MANY LEGAL IMMIGRANTS WHOSE LIVES ARE NOW UNJUSTLY “IN LIMBO” & FRAUGHT WITH SUCH UNCERTAINTY THAT THEY DEFINITELY DO NOT DESERVE AFTER “FOLLOWING THE RULES”.

  27. narasimha

    Hello Kumar,
    Please guide me. Currently am on H1b and my 140 got approved 2 weeks back.
    Based on the information I found there are two ways to apply H4 EAD for my wife.

    1. Apply now and wait for the response ( Now approximate processing time : 3 to 4 months – Correct me if am wrong.)
    2. As my H1B is going to expire august next year. If i apply for the H1B Extension 180 before expiry in feabruary along with EAD, both will get approved simultaneously.( in premium)

    As there are rules changing over H4 EAD, Please guide me which will be the best suitable path for me. Am so confused

    1. administrator
      Kumar

      Well, it is a tricky decision. In my view, I would go with option 1 as there is no point in waiting for future as we do not know what can change in the mean time.

        1. administrator
          Kumar

          Usually they are approved normally irrespective of how long H1B is valid, unless something is really wrong…It would be usually tied to your H1B expiry. You can always request for extension of the same, when you file your H1B as well. Work with your attorney, they can help you.

  28. Sr. Albert, Dave

    As a Recently American Retired Mechanical Engineer, My last (8) years @ (1) firm, I had the Privilege of working with H-1B & H4 Indian Engineers. I not only enjoyed working side by side with them, but I also felt Privileged to have that Opportunity. I have MUCH Respect & Admiration for them, & many other Indian H-1B’s & H4’s that they introduced to me. We as a Group, all became Friends. I learned so much about US Immigration Policies. Both the GOOD & the BAD Policies. I learned so much about the MANY SACRIFICES & the STILL ONGOING Stress & Pressures & unbelievable Costs, both Financial & Personal, that these Talented & Motivated & Hard Working Indians had to deal with ever since they FIRST ARRIVED in America.
    I want ALL H-1B’s & H4’s to know that MANY, MANY AMERICAN CITIZENS are VERY Supportive of All of You. And are speaking out & also Praying that the Prejudices & the Unjust & Unfair treatment that each of You have had to endure here in America, & continue to endure, ARE NOT the Feelings or Beliefs of the Majority of American Citizens. We see & speak out against the many Prejudicial actions & unjust new Laws brought on by our own current Prejudicial & Unjust Trump Administration. We All stand with You in your continuing strides to Make a Better Life for Yourselves & Your Family. We have, & continue to write & voice our Support to our Congressmen & Congresswomen, of Your ongoing struggle to be treated in the Proper & Just & Fair way that America USED TO, & MUST START AGAIN DO IN WELCOMING CITIZENS & IMMIGRANTS WHO COME TO AMERICA TO NOT ONLY WORK HARD & WORK HONESTLY FOR A BETTER LIFESTYLE FOR THEMSELVES & THEIR FAMILIES, BUT ALSO TO CONTRIBUTE TOWARDS A BETTER AMERICA.
    God Bless Each of You. And God Bless America.

    1. EO

      To all H1B and H4EAD , please disregard Dear Dave the retired guy, most of us in the US are very happy with most of you going back to your home country. Like Dave, we wish you the best, but in your own country – we have an existing talent pool and upcoming generations to cater to. So farewell!

      1. Sr. Albert, Dave

        Then accordingly, EO, You & All of Your Family (Including All Of Your Relatives) should ALSO go back to “Your Own Country” too. There is no doubt about the FACT that your “original Family Relatives” in America we’re ALSO IMMIGRANTS. America is, & has been for Hundreds of Years, a “Land Of Immigrants”. INCLUDING YOU, EO. I’m sorry to have to Break Your Prejudicial Heart, EO, but that’s just the way it is in America. And “That’s a Fact”.

        1. EO

          Dear Dave, what part of being born here don’t you seem to comprehend? I was born here, as were most of my relatives… As for the ones that migrated here, they did so in a manner that required a lot of sacrifice. You have no moral high ground to stand on, so get down from your high horse and back to your donkey, sir! Do you know what a country is? It’s a landmass with a given name and set of laws by those on the land. It’s called the USA here for a reason, with a constitution which was created by the founding fathers who established the laws of the land. If you don’t understand how that works then you may want to re-educate yourself with History lessons. The H1B scheme has been violating labor laws since day 1, so nice try on your false sentiment of harsh treatment towards a group on foreign individuals that have been cashing in on the scam and depriving the national citizens of this country from having a fair shake at employment in a job sector they helped create. Good day! 🙂

          1. Dave

            EO: You say ‘…in a manner that required a lot of sacrifice.
            Then you HAVE NO IDEA of the every one of the H-1B’s & H4’s HAVE & ARE STILL EVERY DAY STILL MANY Financial & Personal SACRIFICES. And I would ALSO say, Many MORE SACRIFICES then what Your OR MY Immigrant Relatives ever did.
            Also Please Note: Many Of the current H-1B’s & H4’s HAVE CHILDRENS THAT WERE “BORN IN AMERICA”. But I suppose that with the Prejudicial comments you’ve already made, you’d think They should just “LEAVE THEIR CHILDREN HERE” when they follow your Suggestion of “Go Back to Your Own Country”. Believe it or not, EO, MANY OF THEM HAVE BEEN HERE FOR 10, 15, 20, 20+ YEARS , AND STILL WAITING.
            Don’t bother replying back EO. Your Prejudicial Heart is already “TOO HARDENED” to even care about ANYONE ELSE BUT YOURSELF, EO. So…Good Luck with THAT, EO.

          2. Red Dragon

            Dear EO,

            I can tell by just reading your diatribe that you were neither born here nor finished your high school here.

            “what part of being born here don’t you seem to comprehend?” This sentence is so badly constructed, I can only imagine a non-native speaker of English writing it.

            Ditto with this sentence,

            “…so get down from your high horse…”

            It should read “get off your high horse”.

            You speak of being logical – well, one way the TOEFL/SAT/GMAT/GRE test your logical skills is through your verbal and written skills. Yours are abysmal, and I cannot imagine you scoring well on any of these tests. I believe you are one of those Desis who got in when the standards for immigration were not too tight, and now want the doors to close on other deserving immigrants.

            Please note though that the whole point of tightening the immigration process is NOT to discriminate against Indians per se, but to get only people with the brightest minds and best skill set into the country. America has always been very good at retaining what it needs and throwing out what it doesn’t. I can guarantee it that someone with such evidently poor skills as yourself falls in the latter category. Careful, don’t get caught up in your own wishful thinking – citizen or not, you too are expendable.

        2. EO

          Dear Dave, the fact is that if you don’t put your countrymen first, then you should go to the country that you do put first. So I suggest maybe you perhaps move somewhere, like India?? You can keep attempting to sound like a person who cares about others by using caps and referring to “heart” and all that text magic that has no effect on a logical mind, but some of us prefer to use our brains. If my heart is hardened (a synonym for strong) then maybe your brain is too soft (a synonym for weak)? Feel free to message back 🙂

          1. EO

            Dear RED, your responses are simply a matter of preference in writing, a preference of who you feel should write what… I personally feel the “get down” statement is well suited. If you had only noticed that the following phrase included “high horse”. Thus, “get off” wouldn’t have the same desired effect/relationship between the two – (high, up, down, low, etc.)…

            You stated that “It should ‘read’ get off your high horse”. That is obviously a false statement, because it should be read as it is written. So perhaps you could have suggested that it be “written” differently, of which ultimately would have been read differently as a result? Perhaps instead of injecting yourself as an English teacher, you could provide a more intelligent response that would garner you something other than me correcting you?…

            Did you really throw out the “Desi” comment? What I am I supposed to do with that when considering I don’t care about categorizing the many different factions of H1B individuals?

            Please note though, that the whole point of changing the H1B process is to give the American Tech Workers their jobs back, so no longer will they be discriminated against by their guest workers…

          2. Dave

            Hahahahaha! EO – you just proved my point!

            Idioms, grammar, and punctuation are not a matter of preference. They are a matter of logical construct.

            You fail logic again with your false equivalency argument.
            “… don’t put your countrymen first, then you should go to the country that you do put first.”

            Too many undeserving people claim to be my countrymen but add nothing in terms of skills and intelligence to this country. I rather we get rid of them, so my country can be great again.

            Immigration reform isn’t only about getting American Tech Workers their jobs back, the President banned immigration from Muslim countries and is going to repeal DACA. This is about MAGA! Every undeserving immigrant who has not adapted to the ethos, culture and language of this country needs to leave.

  29. Vari

    Hi ,

    Currently I am working on H4 EAD, It’s valid until 07/10/2019.My question is when can I apply the H4 ead along with my husband’s H1B extension, is it 180 or 150 days before.

    Thanks

  30. H4EAD

    Thank you for sharing such detailed timelines, this is very helpful.
    Based on current processing times if we file for H4 change of status and H4EAD, we should get them within 6 months which is before your prediction of H4EAD revoke date. My spouse if on F1 visa and I’d like to avoid all the complication involved in filing H1B now. Do you suggest filing for H4EAD now? If H4EAD is revoked, do you think if existing H4EAD will also be revoked ?

    1. administrator
      Kumar

      yes, it is good to file H4 EAD now, if eligible. We do not know that yet, need to wait for the rule to published and how USCIS will handle it.

  31. Shlok

    Hi Kumar – Could you please help me in my case

    I am a full-time employee and currently working on H4-EAD which is valid until (2021).
    I received my H-1B approval (with counselor processing) from my current employer this year, which also valid from 2018 to 2021.

    I recently got a full-time offer from another employer, but I am confused if I am eligible to file H-1B transfer now or first I have to go for stamping and then the only new employer will able to file H1-B transfer.

    Please let me know your thoughts on this.

    1. administrator
      Kumar

      Shlok,
      You are eligible for H1B transfer as long as you have an approved petition. No need to go to stamping before you transfer. It is not really a transfer, in general they will file a new petition using your old approval notice as reference. You will need to submit documents regarding your status in US and make sure you are maintaining it.

  32. Rana

    Kumar, need your input please. I have been in H4EAD for the past 2-n-a-half years, with my wife being the H1B holder (eight years have passed in the GC queue!) My wife would have to renew her H1B in the next few weeks. Should I apply to renew/extend by H4EAD along-with? What are the chances that my H4EAD would be extended/renewed? Or should I beg my current employer to sponsor a H1B to be on the safe side? Also, I have used up 4 year and a few months of H1B. So even if my current employer sponsors me a H1B would it be for less than 2 years (the total 6 years rule) ? Thank you

    1. administrator
      Kumar

      yes, you should apply for H4EAD along with it. It would be renewed as usual, because nothing has changed yet. It seems you are cap exempt, so you can make that decision to ask for H1B sponsorship from your employer, when you know for sure H4EAD will go way.

  33. Mrs EAD

    Thank you so much for all your efforts in helping distressed H4 EAD holders to understand the entire process.

    Every day I live with the fear – what if I lose my work status and my job and I’m back to not only sitting at home and running the house on 1 salary. Also, all these news channels and websites keep posting absolutely misleading news about H4 EAD work permits which I think is partly responsible for creating a bias against hiring H4 EAD holders.

    My story: While on H4 EAD, I was job hunting for about 6 months – it was tough with HRs actually asking a question or two about my work permit & if I need sponsorship etc. Not sure if anyone faced such a similar situation. Well, I received quite some rejections – even after a good, satisfying interview thus leaving me baffled about why I kept receiving rejections! I couldn’t help but think that this might be tied to my H4 EAD work permit.
    Well, I kept trying for 6 months with over hundreds of applications and few interviews and finally, I did manage to land a good job that I absolutely enjoy.
    Note to EAD applicants – do file for your new application if you don’t have one and EAD holders – keep applying to jobs, don’t let any news stop you until it’s officially a rule.

    I regularly visit your site as it is THE only site with sound and up-to-date information on the H4 EAD status. Thanks a lot once again for this entire timeline analysis! You guys are doing such a good thing here. Much love!

  34. Tejas

    Thanks for the nice analysis!
    I haven’t filed for my wife’s H4EAD because I am waiting for the proposed rule to come out
    Don’t want her to lose her existing F1 by moving to H4EAD and then H4EAD getting cancelled as well even for existing holders
    Have been confused about what to do so this analysis helps!

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