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

H4 Visa EAD 2018 News – Lawsuit Status, Trump Administration Impact

In Immigration| Visas by Saurabh1101 Comments

Background:
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 – 
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.

DHS H4 EAD Court Latest Update 2018 January
What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Status ?
As you can see latest update above, we have a new agenda item called “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”  that it is part of the Fall 2017 Regulatory agenda.  Keeping the H4 lawsuit aside, now it has moved to a stage where the published agenda item to remove the H4 EAD rule.  We do not have any details on the expected actions and what happens to the current H4 EAD holders, etc. So, kind of unknown at this point.

Also, as for the Jan 2nd, 2018 deadline on the H4 EAD lawsuit, we have to wait and see what court decides based on the motions filed by both on Dec 22nd, 2017. (Update : No update yet from Court.)  We do not know for sure the timelines of the changes and if there will be any lobbying… if you are on H4 EAD, it is good to have a back-up plan for the worst case scenario.  We will keep this article updated as new information emerges.

What are your thoughts ? What do you think of new Fall 2017 regulation ?

Reference :

Related Articles


Comments ( 1,101 )

  1. Kriti

    #### All H-4 EAD Holders

    Spoke to an Immigration Attorney in D.C who has formerly consulted for USCIS and other departments. H-4 EAD is not going away yet. In all likelihood, H-4 EAD will be added to the Unified Agenda OMB list and announcement could be made third week of December. As H-4 EAD was made through a detailed comment and rulemaking process, the draft of new proposed role back will be quite detailed and the administration will start working on the draft after coming back from new years holidays. Around 90 days comment period is expected and another 60 for deliberation, another 30 for final rule to take effect. Take or leave half of 2018.

      1. Kriti

        He thinks it will be a complete roll back and there will be sunset clause for natural expiry of ead’s. All H4 EAD’s will collapse back to H4’s. In best case, the collapse will take 12-18 months. No new visas will be issued, but extensions may be issued if transition date is announced. He thinks they will go soft and go hard at the same time.

        1. Ravi

          They have to come up with strong reason as same DHS approve under obama admin. Department of Homeland security always support H4 EAD in past and that is how the rule is passed back in 2015. Now same DHS is not supporting? Same judge already threw case out of court last time so i am thinking it will not go away as they already know it will be long process to go through comments and all. Lot of fake rumors going on in media and websites about it will be revoked but guess what they only do that because their website get more hits. If DHS would like to cancel or revoked then why in first place they support. Also it went through lot of comment and prove period before it written as a rule so i hard to believe that they will take it away.

          1. B

            You are on Non Immigrant Visa and Asking for Rights. Trump can cancel H4EAD with an Executive order. Compared DACA , H4 EAD is just a drop in ocean. The strong reason already exist, H4 EADs are taking over american jobs with out accountability. The judge before was under Obama administration . now its Trump administration . I voted for Hillary. I lost my job to some one at TCS recently . Next time i am voting for Trump.

          2. BJK

            You are absolutely clueless Ravi. Rules are made and revoked by administration based on their political mandate. The new administration is very different from the Obama administration. White House directs the administration. Trump administration does not have to explain why Obama administration supported H4 EAD rule. If you are on H4 EAD or H1B, I am surprised that with your low intellect, you got this visa.

        2. B

          The Skilled H4 EADs have enough time to apply for H1b visas. All the Husbands here are just crying about double incomes. Think about an american that lost his job at DISNEY . Trump administration gave fair amount time for DACAs. So stop worrying.

          1. ravi

            Did you lose your job because of H4 EAD? haha. work on your skills and stop making complain. I am green card holder and my wife is not on h4 EAD but i still believe H4 EAD is not going away.

            H4 EAD is not issued to all H1B spouse. It is only who had approved I140 which means they are already in line for GC and no point to wait for 20 years where system is broken. That is why the previous administrator pass the rule and that is basic human rights. Obama admin did not pass because it will take American or frustrated unskill H1B people’s job like you.

            Even if they revoked, All H4 EAD will be back in line after I140 EAD rules is pass. HR 392 bill got 300 cosponsors and will pass in near future for sure. You will face same problem after fews years as well. So i would say start working on your skill and show your talent in an interview rather than complaining in public forum.

          2. B

            Keep dreaming Bro . You will be lucky to have your H1b extended . This is the reason I’m voting for republicans next . I lost my job to a low paid idiot from TCS . Anyhow i hope they Air lift you :/

    1. jeff vangalapudi

      Even if it’s decided to roll back the h4 ead, can’t the rollback be delayed by months and months if someone decides to file a case against the new regulation that rescinds h4 ead?
      Because oh law firm shared this view on their news bulletin on 18th November.that it will take months and months for repeal to happen. And infinity if a few court cases are filed.

    2. css1983

      H4 EAD is gone. Only question is what happens to existing H4 visa holders. May be the Dept will allow them to work for a year or so. In the light of the current situation, H1b visa holders, must accept the reality, that to get some increase in H1b quota and also relief in green card waiting period for India/China, it is better to let H4 EAD go. H4 did not exist prior to 2015 anyway.

  2. Joy Alukkas

    According to the US Department of State, 14,768 TN visas (Canadian/Mexican) were issued in 2016, with an additional 9,762 being issued to spouses and children of these professionals. Annually, 10,500 e3 work visas are issued to Australian citizens wanting work in the USA. The beneficiaries of both of these visa’s are 90% Indians. Of course this is a far smaller number than H1B visa (180,057 granted in 2016), but still Indian workforce will still continue to penetrate into United States, using their foreign nationality, whatever doors they close!!!

    1. Karthik

      Where are you getting your numbers from ? In 2016, only 122 TN visas were issued and 45 TD (Dependent Visas) were issued. For Mexicans, 14646 TN Visas were issued and 8863 TD visas were issued. TN visas are only issued to Canadian or Mexican citizens. Two problems with your numbers :

      1. The State Department does not provide breakdown of Mexicans and Canadian Citizens country of origins.

      2. Are you saying that 90% of Mexican citizens who came on TN visas were Indian ?

      Always check your numbers.

      1. Joy Alukkas

        I got the TN numbers from the “United States Senate Committee on the Judiciary” website:

        https://www.judiciary.senate.gov/imo/media/doc/2017-10-23%20CEG%20to%20USTR%20(TN%20Visas%20and%20NAFTA%20Renegotiation).pdf

        Now, where did you get your numbers – “In 2016, only 122 TN visas were issued and 45 TD (Dependent Visas) were issued”, which world are you living in, Karthik???

        I am sticking to my argument, a large majority of the TN and E3 work force are ‘East Indians’, doesn’t matter whether they have Canadian, Australian or Mexican passports. Do you know that most of the Indian illegal immigrants are coming through the Mexico route?

        The Department of State’s visa report shows that: 14,768 TN visas were issued in 2016, (along with 9,762 TD visas for spouses and children), another 13,093 were approved in 2015, and 11,207 in 2014, for a total of 39,068 TN visas issued (largely to Mexican workers) in the last three full years. Although Canadian workers are not required to apply for a TN visa, a Canadian news source recently estimated that “30,000 to 40,000” Canadians work in the U.S. in TN status. The number of TN visa workers employed in the United States has been growing considerably in the recent years. Although the administration does not keep track of the exact number of aliens in TN visa status, statistics that are available suggest the number could be approaching 100,000!!!

        TN Visa’s to some extend make sense, US share borders with Canada and Mexico and they have many trade agreements, and this workforce exchange is a part of it.

        But look at the E-3 Visa’s, why the HELL are they giving away 10,500 e3 work visas to Australian citizens wanting work in the USA (thanks to President George W. Bush and Australia-United States Free Trade Agreement!), and most of the E-3 Visa recipients are Indians, just take a look at any forums discussing about E-3 Visa’s. Compared to H1-B, the standards for getting TN/E3 Visa’s are significantly easier, and with Trump enforcing all these restrictions, the TN and E3 recipients are going to grow extensively in the future!

        UNITED STATES CAN’T CONTINUE LIKE THIS FOR EVER, IT’S HIGH TIME UNITED STATES SHOULD PROTECT THEIR OWN PEOPLE, MAKE SURE THEY ARE EMPLOYED, OTHERWISE EMPLOY THEM, BEFORE THEY CONTINUE BRINGING WORK FORCE FROM OTHER COUNTRIES!!! ISN’T TRUMP’s VICTORY A PROOF OF THIS ANARCHISM?

  3. Shakti

    For all the people and specially Indians in this forum who cry foul about NON IT spouse entering to IT jobs, one question to you, how many Electricals and Electronics engineer have IT jobs ?? How many Mechanical, Civil and all other engineering background engineers are in IT? And then how many IT and CSE background guys ever protested that non-IT education people are doing IT jobs???

    And now coming to people who spent “Lakhs” for their education in US, why do you think an employer should give you a job just because you spent lakhs in your education or because you can do your job better? And why would an employer give a job to a over qualified person for a job which requires common sense, or are you trying to imply that you or your parents had more money than others then you have some sort of prerogative over an IT job? How difficult is it to learn coding?? Or develop application?? There are MIT courses and tons of videos in YouTube from where you can learn, you don’t need an advance degree from A fancy institute for that.

    Don’t hide away behind the fact that others are non-IT and you are IT. I know people in my profession which requires high understanding of networking, Unix,Linux,Database, C++ were pizza delivery guys and call Center agents and now they are architects of the system.

    So just because someone doesn’t have a non-IT background doesn’t disqualify them. And most of the IT Jobs require basic analytics and it’s not a robot science :).

    1. Truth

      Yes, very true. so we don’t need to go to a colleague and spent money and time on education. Just complete high school , if needed and enter IT or skilled job faking resume and grow from there. Very good advice. 🙂 🙂

      If an electronics or electrical majored engineering person enters an IT or computer job they will do that as a fresher and the company trains them. All matters here is trust I believe, the missing of that is causing the problems.

      1. Shakti

        Where did you get the impression that I am advising people to fake resume?? You don’t have to fake anything if you are good in what you do.

        I am technical person on H1b and I am not afraid of anyone be it an H4EAD or a expirenced person of 20 years, coz what I can bring to table for a company is what both of the other candidates will not be able to. I have belief in my capabilities and skills which I have acquired over the years and believe in equal opportunity for all.

        Just coz I had the privilege of attending engineering doesn’t mean that I have right to call out other people who were not so privileged. Having said that, I know where support faking or lying for a job. Also, I have taken numerous interviews and numerous times I found out that IT background people may have good coding skills but they lack analytics. Whereas numerous times non-IT people have shown teremendous analytical skills. And after so many years due to their sheer determination and will power and hunger to learn and excel those people are doing far better than people who were “qualified” as per you. As a team lead I would rather hire a sound analytical non-IT guy rather than a dumb IT guy.

        1. B

          If you can do that Job, an American do that job as well. So, No one needs H4EAD or H1B to replace an american worker. H4 EAD will be abloished before end of this year.

          1. Shakti

            That’s a decision to be made by Govt, but if that’s the case then all EADs should be abolished. Why target H4EADs only?? Why not L2 EADs??

        1. b1.1

          Alright. Let’s see. Hopefully you are right. do you think anything within draft says ” We will release by end of friday”. If it does then please give link so i will pass to others so they knows worst thing is coming.

          by the way whats your thoughts? Is it h4 ead should stay or need to go away? If it need to go away why? If it need to stay then why?

          1. JK

            H1B Aspirant 2018 : Looks like you still need to go for H1B lottery. So, seem frustrated. You seem very talented, why dont you just apply for O visa which are unlimited rather than wishing bad for others (H4EAD aspirants). Why are so afraid from people who who don’t think competent? You want to win a race by ensuring that other don’t participate.

          2. B

            The draft says to be released by 30 Nov. I am a green card holder and so is my spouse. We all benefited from H4-EAD financially and also in career progression, so, I think it should stay. But, it will not. H4, STEM OPT, EB-5 will all go, in the same order. Then, they will crack down big time on H1B. We were fortunate to pass through the queue.

            For JK, I do not need to be jealous. But if it makes you feel happy then feel happy. The truth is many of our country men and women are heading home which is sad. But, if you go home I will be happy 🙂 :). Do not hit the door on the way out.

        2. JK

          Hey B,
          My last comment was for user ‘H1B Aspirant 2018’ and not for you 🙂 . Sorry for posting in wrong thread.
          On lighter node I am not going easily. I have already seem every type of Visa problem in life. H1 Lottery denials, H1 Extension denials. I had to once leave country for 45 days. But I survived 🙂 I will keep surviving.. lol.. My spouse is not on H4. But, I hope H4EAD stays till country cap is removed for GC.

          1. Mark

            If h4 is gone f1visa is in lime light .Dont be exicited there are number or loopholes in US immigration system

  4. Kiran

    Everyone on H4 EAD please educate yourself on the “Unified Agenda” through which rules for H4 EAD revoke will be released. I do not want to add links here but search for “Unified Agenda and Rule Making Process Focus on H4-EAD”

    There is too much misinformation online and this helps all of us who want to stay updated. The site will not allow me to add links, so I am not doing it.

    1. KritiKan

      Thank you for this information. So, am I correct in saying that a Pre-Rule may be listed in the Unified Agenda, but, not the actual rule ? I am asking this as it gives more time to us.

      1. Kiran

        @ Kriti, yes it is possible that they can post it as Pre-Rule and then release the rule next year. It will be good for all. Hope everyone gets to enjoy their new year without worry.

    1. Vivek

      Resume faking can be done by anyone regardless of the authorization someone holds: be it H4 EAD, Green Card or US Citizenship. It cannot be a case against H4 EAD alone.

        1. JV

          If H4 EAD is stupidity then H1 is stupidity either. Companies can simply outsource jobs and bring people onsite on L1 when required. There is a lot of faking done on H1 by companies bringing people on mass level.

          Apart from that giving GC to H1 is also stupidity when they can just use them as temporary workers and push them out when their term is completed.

          It is all about prosperity and growth for the country as well as for the people who contribute for the growth. I feel eligible H4 spouses should be given a chance to compete. If H1 candidate cannot compete with H4 candidates for a job, then surely US does not require such H1’s. Better look for some other professions.

          1. B

            H1 Credentials and experience are validated . No one checks H4 education validity. I have seen evolution of H1 employees, some of them are Just dumb to even write 5 lines of code.
            Yes, H1, L1 must be abolished and replaced with real High Skilled visa that will help USA economy and send back all NON IT Degree low skilled labor back to India. These low educated people cant be compared with Microsoft or Google CEO and give them green cards.

    2. R12234

      My wife is a java developer with 6 years of coding experience in oracle. She was not able to work for 3 years. Now she can thanks to H4 ead. There are many such spouses who deserve to work and build their careers. That said, fake resumes are common amongst H1B and H4EAD’s cause there is no background checks.

  5. USGuy

    Why there are no lawsuits to ban all type of visas and immigration programs? OPT and H1B should be banned. Stop all sorts of immigration cards. If people waiting for GC, H1B, H4, OPT are sent back, it would create 2 Million jobs immediately. Why Govt. is not thinking about it?

    Stopping Outsourcing would create 5 Million jobs. So 7 Million jobs created overnight. It is a simple formula.

    1. IndianGuy

      2 million jobs lost will immediately convert to 2 million jobs outsources in addition to the 5 Million already outsourced. So, 7 million outsourced. Next thanksgiving you will be jobless, hopeless, depressed and suicidal.

      1. B

        No, more like 2 million jobs converted to 6 million IT jobs in USA. 70% of the coders from India are dumb. The other 30% are super smart. We paid $9 million for a project to deliver code not even worth $1000. Companies are already realizing that. Good Luck with Future of Indian IT market.

        1. IndianGuy

          Actually your numbers are wrong. Only 20% of H1B Indian Coders are super smart. Rest are in support services who do not need to be as smart. As I said earlier, I run a mid-sized company and employ around 100 people in US (2% are on H4-EAD). We have a good system which can catch fake resumes, embellished experiences. Our interviews are in person and run for 4-5 hours in real project environments, not on phone. We do not hire any H4EAD, only those who can pass out test environment interview for coding or support services. Now, let me get you in on another secret. Only 20% of Americans pass that interview as well, rest are average or below average. We struggle to get good people as we have good standards of hiring. Here is the worst part, most of our super smart Indian and Chinese workers want to go home and we are trying out best to give them equivalent packages. In few months, when the good ones and average ones are gone, US employers will suffer and will scramble to outsourcing again. It is game over. When you create a new policy and replace an old one, a lot of work is required on peripheral reforms to sustain the new policy. Otherwise, it becomes a recipe for failure and this new policy is a recipe for failure.

          1. R12234

            Completely agree. Well said. If the background checks and interviews are stringent you will peel out the fake ones easily. background checks are very thorough in India and you do not see fake resumes there.

    2. Jane

      Defenitely, you might be a person who got green card and well settled. Or might be one who wishes to work in US and have several failed attempts. What a selfish way of thinking..

      1. IndianGuy

        Jane, I had H1B and came back home to India on my own after working in a Top 5 tech company in SFO. I now employ more than 300 employees including 100 in the United States. My response was based on how the USGuy responded. When you wish that you win at others expense, then we wish you the same. You cannot possibly replace 2 Million tech jobs held by expats with Americans. Maybe you can fill 300 K but 2 Million are out of question. It will take around 10 years to catch up with the backlog of skills. In the interim, employers will outsource and find ways to permanently outsource. I always say, careful what you wish for. Go ahead cancel all H1B, all OPT, STEM OPT, H4EAD and see what happens in few years.

        1. JV

          Well said. People doesn’t understand the complete picture. They assume there will be better life when they push out immigrants. They don’t understand how immigrants are contributing to this country’s growth.

        2. B

          H1 will not be canceled, as per Trump, one day, Real high skilled labor from all over the world will be replaced fake H1bs that fake resumes. Most of the H1Bs are from companies that run like 7 11 and work on 80%, 20%. And companies like Wipro or TCS that replace America workers, with NO MORALS will be abolished if they dont hire Americans.

          1. IndianGuy

            H1B will not be cancelled but 60% of applications are being turned down. 47% of renewal applications are receiving massive RFE’s . 16% of those recieving H1B’s are getting visa rejections. Companies like us are being asked to demonstrate what actions we have taken to replace existing H1B with American Workers. H1B is supported to be a temporary stop gap arrangement to get foreign “guest” workers. H1B will not be cancelled and most on H1B (except very few super skilled ones) should prepare to go back home. We are replacing every one of our H1B with American workers.

    1. Rhea

      Nope, they still be valid until the expiry after revocation unless they cancel it which they wouldn’t because it attracts lot of law suits.

    2. Karthik

      Extension is most likely not possible. Existing EADs will have sunset clause, but, anytime you renew or extend, it will get cancelled there.

  6. Neha

    I am deeply saddened by this state of affairs.
    I have been a benefactor of H4 EAD, after lawfully migrating to the US.
    My spouse has spent 12 years, got his degree here, and we have lawfully paid taxes.
    After getting my EAD, I got my career back on track, and I am also in important projects.
    Yes, I know I am replaceable, but this will be a huge blow to my employer.
    Has anyone thought of next steps and alternate routes?

    1. H4EAD2018

      I would say do not worry for the time being.
      Agreed there are speculation of a proposal doing the rounds, but I would be careful in taking any drastic step now. H4EAD took some time to be implemented as it went through a lot of processes.
      So cancelling it wont be so quick, if it happens.
      So whoever has H4EAD or are planning to apply or extend, just do the the processes.
      Most important here is that you and others who have started to work should keep working and have back up plans, in case this happens.

      So relax, keep doing what you are supposed to be doing, dont fret on something which has not yet been announced (officially) or implemented.

      Good luck.

    1. H4EAD2018

      What does this mean for the community?
      What conclusion can you draw from this action of both the DHS requesting more time and the court not granting more time ?
      Does it mean the other party wins the case – i.e. SaveJobsUSA is successful in cancelling H4EAD rule going forward?
      Please share your comments.

      1. Karthik

        This means H4 EAD is definately gone. Search online and you will find news information on the fall unified agenda in which H4 EAD revocation will be released. They can do it in two ways. One is they can released a proposed rule anytime, even tommorow, then add it to the unified agenda. second is that they can h4ead under pre-rule making and start the process next year. H4EAD is gone. Prepare for that eventuality. My wife has moved to F-1 Visa in a Masters Program while my job is safe for now. I think everyone should do the same who have the financial resources.

      2. B

        for which community ? Are we talking about Indian Casts … H4 EAD will be abolished in few months and EADs will move back to H4 or H1 back again. mostly H4. And i bet none of them belong in IT Community with their fake resumes.

  7. Arathy

    I am an H4 EAD holder and I can attest that I got a job in spite of having a 4-year gap in my resume.
    I didn’t fake my resume, nor did I get the help of shady consultancies.
    The statement is verified by the 4-year gap, because I did not want to fake experience to get H1B.
    With a lot of struggle, I was able to restart my career, with good results.
    I shudder to think of going back to the previous state. I don’t know how I am going to present to my current employer if the situation changes.
    The employer has invested a lot in my career, and it will be heartbreaking for me to have to leave my job because of a political move.

    1. A

      This is the exact same case with my wife. I will be more heartbroken than her if the DHS does not uphold their own ruling which was due since so many years.

        1. JV

          Don’t look everything in financial prospective. Think about eligible candidates who are sitting in home ruining their career for family ties and uneven immigration rules. Career gives them a stability, confidence & discipline in life.

    2. R12234

      My wife has gone through the same trouble. She finally got a good job and she is doing well. If H4EAD is canceled, then i am going back India . Prefer that we both have good careers rather than be desperate and live and sacrifice so much. Not a word in our resume is fake. System sucks.

      1. JK

        As a backup option, explore jobs in Canada. With US experience it might not be difficult to get a offer from Canada or check if you employer can transfer to Canada. ‘Offer’=’Visa’ there. Also, if you have saved some money you can apply Investor PR in Canada, you need to invest very less for that. Somebody told me 200K Canadian $. Explore it.

  8. Nishi Sapan

    Does USCIS or DHS really knows many are misusing H4 EAD’s.

    I know H1B approvals are getting tighter day by day. Everyone is behind H1B but at the same time H4 EAD people are coming to IT field with fake experiences and educational certifications. Both are working at the same field, they why H4 EAD’s are like free of background checks by USCIS? I saw some one saying consultancy will make sure H4 EAD’s are genuinely experienced. If that’s the case they will make the same validated with H1 B too right?..Now many fake candidates are in IT market just because of H4 EAD. No doubt about that.

    1. Rhea

      Don;t generalize things.. We all know the fact majority of consultants on H1 & OPT are fake. That’s the reason H1;s are getting screwed up anf not H4’s. Less than 10% of H4 are into IT. I hired couple of candidates on H4 and they left the gap in the resume of 3-4 yrs unlike 2 H1’s and 1 OPT guy which we fired, because they kept fake resume. We want honest people in our team but not fake exp people like u. That doesn;t mean that all H1’s are OPT’s are fakes. Generalizing is one of the worst thing that majority of Indians have. To be more raw nature , just because you are born in an area where it;s know for prostitution doesn;t make you a prostitute. If you think so, think the same for this. It’s upto ur talent and skills that lands you a good job. If u are such talented enough, you should have got a FT. I bet that either u r an OPT or H1 fake exp candidate who can;t compete but rather cry on others!! So just get out of this country and shout somewhere else.

    2. Jai

      very true sir. Supporting you does not mean, i am against H4 EAD, But people among us only fool the govt and take wrong advantage. I see people having No IT background working in IT earning $40/hour. That is really saddening and not what anyone wants. Be honest with you and govt and country you are living in. There are other things that you can be good at. Try other things too. Getting into an IT job is not only thing.

      1. Rhea

        At the end of the day EAD is EAD. No restrictions!! Remember that!!
        It’s same as DACA EAD. WHy don;t you guys ask about it? EAD means work permit. You can work anywhere!! Background check is same for everyone.. No one discriminates it based on H1 or H4. They follow the same practices as any visa. Except for very very few consulting positions, no one is accepting H4 EAD’s.

        1. Shawn

          The amount of scrutiny for H4 is far less than H1. Whether you agree it or not. THAT IS THE FACT. Do you think people who genuinely did their Masters here spending Lakhs bagged a Full time and could not get a H1 because of a f***ing lottery are ill fated than people who know they would be without job and decided to marry a H1 person and come to US and make use of this shortcut to Work at Malls and Grocery shops? And coming to your point on BG. Where is the skillset validation, Occupation validation, Educational Eval, Education to type of work validation done just as how it is done with H1 and OPT. Whoever you’re try to be in shoes of a H1 or OPT candidate and then talk. My wife herself did her masters here and I have a GC. I wont encourage her to go on H4 because of this shit. How much ever you support H4 is not as scrutinized as H1/OPT and that is the FACT. Period.

          1. Mehta

            Very true… There are many candidates on H4 EAD working presently in IT faking the resume. Many of them might not have a related computer degree. We all know that..But some people won’t agree..This will affect genuine people’s integrity also which they are not realizing. No one is against H4 EAD. But like some one asked, where are the validation process H4 EAD’s have to go through same like H1B holders? Why are they getting mad when some one say this is missing and is needed. It’s very pathetic that genuine people on H1B and H4 EAD has to suffer a lot because of H4 EAD misuse. It’s not that easy to get H1 B approvals.

    3. Vinu

      I have been working in this country for the last 10 years on H1B(waiting for GC indefinitely… :D). These days, whenever I complete project and come to bench, I find it extremely difficult to get the next project. The vendors are paying just $50 for jobs worth $80 to $85 per hour. When I ask for reasons, they say that they have H4 candidates willing to work for rates as low as $40 to $45. The clients also prefer them, because they can hire them as full time. Finally, when these idiots come in for work, 90% of them fake their resume, and the rest of the team members have to work for them . It is high time that H4 EAD system has to be stopped! Hope government will do something about this!

      1. Rhea

        Oh!! Here comes a fake exp guy.. Even I have 10 plus yrs experience (Real not fake like u) but I have moved on to FT 5 yrs back. In fact working as a consultant even after 10 yrs shows either u r incompetent or greedy for money or fake experience. On top of that even after working for 10 yrs as a consultant, you still beleive the vendors!! Lol !! First fundamental concept of EVC is it’s all shady business. Beleiving them is the biggest joke of the century. I had a stint as recruiter as well…Everthing what they say is fake and even the billing rates are fake (they mask it) and they started blaming on H4 EAD to get even more money into their pocket.. I only pity you because you don;t even how things go behind the curtains even after working as 10 yrs..May GOD have mercy on you. Because of people like you, vendors are taking additional 25$ per hr into their pocket..Less than 5% are into IT. Do some research before you speak crap!!

        1. Shawn

          Post you Data Analysis results here. Who said <5% are into IT and show your data points before shouting here in the forum. You yourself said <10% are in IT earlier and now you said <5% Woah. Hold your horses dude. Why are you angry when ppl are talking about Fake H4s. Are you one of them too? I think you are and worried about moving to F1/H1 and like this shortcut rather. Good luck fellas. I wish this is removed and you guys will come and see the actual probs F1s and H1s face these times. Wish you bad luck

  9. Shivani

    Hi ,

    I have applied for my H4 extension on 24th july 2017. Its still pending with USCIS. Then I applied for H4EAD on 5th sep 2017 again it still pending.
    I want to know if my H4 ext is dependent on my my spouse h1b ( as he got RFE, which is been responded by his employer).
    also can I expect my H4EAD to get approved earlier then H4 ext?

  10. H4EAD-2017-2018

    Hello All,

    Can you please give me an idea of H4EAD timeline.
    Currently, I am in H1B valid till 2020. I am planning to apply for H4 and EAD (concurrently) in Deccember 2017 for H4 start date of Jan 2018.
    Can you please give me an idea regarding the timeline for H4 approval and EAD card to get in hand?
    My calculation below are based on current processing times, however, what I am not sure of is whether EAD processing start only after H4 is approved (when filed concurrently) or does EAD processing start concurrently with H4 processing.

    Current processing time for USCIS site:
    – For H4, I-539, Vermont – Feb 20, 2017 (9 months waiting)
    – For H4EAD, I-765, Texs – June 1, 2017 (5 months waiting)

    Based on this, timeline calculated below:
    – H4 – August 2018 (9 months from now)
    – EAD – Jan 2019 (5 months from H4 approval)

    Is this realistic or correct ?

    1. Ram

      This is something based on facts available. If you are lucky you might get it earlier or sometimes later too. But Can I suggest an easier and faster approach? If your spouse is out of USA currently, she can get her H4 stamped and fly inside the country and apply H4 EAD which would be given in max of 90 days. If she is in USA and you are trying to apply COS, it is much easier to travel, get H4 stamping and then apply H4 EAD once back. Just thought you could reduce your wait time. Think and decide the best! Good luck!

      1. H4EAD-2018

        Thanks Ram. That is an option which we have discussed that we will not pursue.
        But coming back to the point above, it seems that any thing can happen. Since there is no standard trend of H4 approval timeline and EAD issue, receipt timeline.
        So the only thing that can be done is, apply with proper paperwork and wait and hope for expedited positive result.

        Thanks once again.

  11. Frustrated

    When USCIS approved H4 EAD, they are not scrutnizing anything to make sure that candidate is eligible for IT job. When a consulting agency recruits them or hires them, it’s their sole responsibilty to check their prior experiences they put in the resume are genuine or not. Because the consulting companies are not doing that,l a lot of fake candidates are already working in IT. Think about H1 B candidates, Most of them have genuine experience and computer related or engineering degree and suffering the most for getting the petitions approved. But H4 EAd is the greatest loophole existing now to enter IT easily. Some actions should be made to stop this happen.Genuine people should get the job they deserve.

    1. Raj

      It looks like u don;t have even basic knowledge of H1B. You should know that more than 50% of H1B’s are fake …Working in IT for the past 15 yrs, I have seen only fake resumes for contract positions. We received only 2 genuine out of 200 resumes we received after we asked our vendor for DL & H1B copy. Don;t come to conclusions without knowing facts and figures. Majority of genuine H1B;s are FT. H4 EAD is similar to DACA EAD, u can do whatever u want and u can’t question it. It’s not OPT EAD where u can work in only STEM field. I have seen so many people like you in my career where they blame others as that;s the easiest thing they can do. AMerica doesn;t deserve or need people like u. U can go back and start working in your home country where there is more place for people like you and blame each other. We all come to US to have good life . Stop blaming and concentrate on how to get a job and not curse your fellow H4’s. You should also remember that because of people like u, H1B immigrants from India condition is so bad, because you don;t support each other. Learn from DACA people , see how united they are , They all fight for one common cause while people like u fight with each other…

      1. Anusha

        Can’t agree more, most H1Bs having skills are full time associates. The struggles who can’t cope & learn will keep moving from one client to another and blame whoever they fell are a threat to their prospects for new consulting job opportunities. There are countless talented people on H4 EAD who choose to go the EAD route to be independent of green card hassles and to not get stuck with a useless body shopping firm for eternity in the hope of a green card.

        My query to all pessimists, why do you think you are being bounced from one company to another perpetually? Think deep, is it the skills or the hundred thousand excuses?

        At a minimum, I’m expecting people who can form a proper article to reply! Just don’t remorse me for spending few minutes to think about & write this!

      2. Piyush M

        There are various reasons for people who are on H1B not an FTE for a client. Sometimes they work in the client location and eventhough client wants them to give FT, but might be due to the reason that they don’t offer sponsorships, H1 people has to continue as contractors. There will be other valid resons also. So don’t just assume things.

        For H1 B approvals we need to show all the documents related to work experience, client letters, SOW , and the list goes on. I have the strong suggestion and wish that if an H1 B or H4 EAD is not genuine they need to be reported or shouldn’t be encouraged to continue on what they are doing. When H4 EAD can work anywhere, it doesn’t mean that places like IT where you need skilled people and related education qualifications , they can just add what they want to the resume and get in to IT. Unfortunately we are seeing a lot of H4 EAD people in the market ready to work for very very low wages to enter IT field.

        1. Ram

          Once you have H1B and you get a good offer or full time employment all you need to do is file for H1B transfer.No kind of sponsorship is involved in this.Only your skills and abilities are stopping you from getting a FT.How can you assume that all H4 eads are fake? There are also other kind of Eads such as L2 and some J visas too, they are doing just fine.If they are fake how can they survive in such competitive industry? The government has given the opportunity for them to utilize their abilities its up to the employers to figure out if they are fake or not.As some one has mentioned here its not that hard to filter out fake resumes.They can do it they care.So breathe easy and let all live.

          1. Jerad

            I think when H4 EAD’s attempt for skilled jobs like in IT or where related education and experience matters, there should be made some provisions to get additional paperworks to be done or approved from USCIS to ensure they are genuine exactly the same H1 people are going through. There are ‘n’ number of H4 EAD’s in market now and most of them are aiming for IT related jobs. I don’t believe H4 EAD is count is less like L2’s or J visas. Is there any wage determination or anything like that for H4 EAD to determine if they are working at the standard rate like H1 B people? I belive NO. In my opinion that’s a big loophole. No one is saying to stop H4 EAD. But should be scrutnized when they come to skilled jobs.

    2. SB

      You are real frustrated as your name suggests. Don’t blame H4 EAD for your frustration, blame yourself. Improve on your skills to get a job rather than putting the blame on others. There are N number of EAD categories and everyone has the right to work, that includes DACA, H4 and even refugees. The companies who are hiring will find out who is fake and who is not and not you or government. Does government checks the Greencard holder or Citizens if they have fake experiences ? No, government does not get into that business. If the competition is getting stiff that means either there are less jobs or there are more skilled people in the market to take up the job. Improve your skills and move on………just Chill !!

      1. Jai

        very well said SB.. 100 % agree with you .. same what Ram said.. So clean, honest and clear thinking you have.

        This frustrated guy will stay frustrated forever, if he wont change himself soon.

    3. JK

      Let employers decide who they wan to hire. They are paying salary not you. H4 EAD is as good as Green Card temporarily, You can do what ever you want, gov is not validating your skill or exp. If I am an employer, I interviewed, person seemed good, is working fine for me. I am fine, I would not need a third person like you to guide me on whom to hire. If I get them cheaper, they do my work, they are best. Why do I need to hire a overqualified person for a easy job. Also, H4 EAD is only after GC approval of spouse. So, ideally that person should have got GC. Just because he/she is from India where wait times are high this thing is dragging so long. So, at least there is a H4 EAD to compensate. Note** Me and my spouse are not on H4 EAD. So, we are not benefited. But I am happy for others.

    4. Vicky

      I believe you are just frustrated because you or your friends/family didn’t get a job in the USA. you should understand how much value it is to have H4 EAD in place for everyone. Don’t just think about yourself as selfish, try to encourage everyone. Do you guarantee that stopping H4 EAD will stop filling in with fake experience IT professionals? If you stop concentrating on others status/jobs and try searching for a job yourself you would definitely get a job for sure. Stop talking with half knowledge, your posts doesn’t do any good, rather it destroys the benefits we currently get. Read daily news and gain some knowledge. Else still you can’t understand that having H4 EAD is for our good, then you better go back and do some other work, rather than the IT. It suits you. you are not a person that can fit in here.

  12. Rake Troy

    Why there are not possible actions to prevent H4 EAD’s who are not really qualified( doesn’t have 4 year Computer related degree or not have valid professional experience) landing in IT fields in US? Do you think this will happen in India. In India there are different levels of background checks and verifications( joining, relieveing letters,paystubs) before we join an IT company. But in US this is not happening. Whoever is getting H4 EAD is landing in to IT . This shouldn’t be encouraged. If we know some one who is working like this, they should be reported to USCIS. Because a lot of H4 EAD ladies misused this, now there are lot of restrictions on H1B., who are really genuine people. When USCIS grant H1B approvals, those will be either have MS degree in US or have relevant IT work experience. Think about people in H4 EAD coming in to IT. No one is verifiying anything for them, They will get in touch with a consultance and directly come to IT. Consultancies should check the certificates or paystubs or offer letters from previous companies if the candidate says they have this many years of work experience,

    1. Piyush M

      There are various reasons for people who are on H1B not an FTE for a client. Sometimes they work in the client location and eventhough client wants them to give FT, but might be due to the reason that they don’t offer sponsorships, H1 people has to continue as contractors. There will be other valid resons also. So don’t just assume things.

      For H1 B approvals we need to show all the documents related to work experience, client letters, SOW , and the list goes on. I have the strong suggestion and wish that if an H1 B or H4 EAD is not genuine they need to be reported or shouldn’t be encouraged to continue on what they are doing. When H4 EAD can work anywhere, it doesn’t mean that places like IT where you need skilled people and related education qualifications , they can just add what they want to the resume and get in to IT. Unfortunately we are seeing a lot of H4 EAD people in the market ready to work for very very low wages to enter IT field.

    2. Vicky

      As per your comments, you are saying action should be taken against H4 EAD. only one question comes to you is why should genuine H4 EAD people sit idle at home. what if they are talented and why they should not be in compete with every H1B. so don’t just blame entire H4 EAD people as if only few people are allowed to work and remaining are not. who told you that H4 EAD are not getting background verified. Are you part of any background check companies. Do go and check outside how the background checks are strong enough to identify who are genuine and who are not.

    3. Shakti

      In India people with BSc, Mechanical,Electrical,Electronics,Civil and all other engineering backgrounds join IT when they don’t find a job in their respective field. Should we ban all of them???

  13. Anjana

    Are they doing something to scrutnize H4 EAD people. Many H4 EADs are working in IT with out any experience and education background. This scrutiny should be made on H4 EAD making sure that people who are really experienced and educated are doing the work in IT. Actually they made all the chaos realted to the feeeling of American jobs are taking away.

    1. Mira

      Most of the house wife is a junior developer working in high tech company, they are stealing our kids’ job, lowering the whole IT industry’s wage, hurting our economic. H4 EAD has to be revoked.

      1. Rake Troy

        I won’t say H4 EAD should be revoked. As there are genuine and skilled people there. Companies should do a better job while selecting H4 EAd candidates cross check their experiences are valid or fake. Many are already in IT industry with fake experiences. Who ever joined with in the past 2 years in H4 EAD, ofcourse there are genuine people but majority of them are not genuine. When USCIS grant them H4 EAD, it’s not for working as a junior dev or QA in IT, many of the H4 EADs are thinking like that.

      2. RS

        I am Architect on H4 EAD and have been working through that. It’s really unfair and judgemental to say that it has to be revoked just because few people in IT industry are misusing it.

        I’m so grateful that i finally got the opportunity to work and support myself !

        I would also like to know what happens if it is revoked ?

        1- Would our current EAD end abruptly

        2- or would it be valid until it expires

        3- or would we be able to extend it until we get the green card, for the people who are already on it?

      3. Pals

        @Mira-Not all of us are misusing the H4EAD. Most of us are pretty qualified with prior work experience and have taken the necessary steps like masters, certifications to make us qualified enough to do the job, and the fact that we are still on the job, getting promotions prove that we can pretty much compete with anybody in the job market. So stop generalising. I agree that H4EAD rules should be tightened but completely eliminating it because of a really silly generalization is no good. Why should we suffer the collateral damage … we put our best feet forward at work, bring revenues to the company and even pay taxes like any other law abiding citizen! We are helping develop the economy.

      4. Vicky

        Don’t you think your kid’s should become more competitive, so that no one will steal any job from them. H4 EAD people also worked hard to get a job for their living. Revoking H4EAD won’t do any good for your kids. Competition exists everywhere.

  14. Rah

    If they revoke, will they allow us to work until it expires so that we can have a shot at H1B 1 or 2 times or will they end it abruptly>?

  15. MNFS

    Hi,

    I am on H1 and my company started my PERM (recruitment ended and about to file PERM application) process and I got promoted now within same department without change in job duties, do you think PERM should be starting all over again, or its fine to continue since my job duties remain same.

    Thanks,
    MNFS

  16. PP

    PP for all H-1B Petitions resumed:

    https://www.uscis.gov/news/news-releases/premium-processing-now-available-all-petitioners-seeking-h-1b-visas

  17. Ram

    DHS has now requested the appeals Court to hold the H-4 EAD case in abeyance AGAIN through December 31, 2017, to permit it to complete the review mandated by Executive Order 13,788

      1. administrator
        Kumar

        To make sure all are on same page, the source of the documents for are available on the Courts website, but they require free registration of account and only individual have to login and view the documents. They are not supposed to be posted publicly unless it is a published opinion by court. Hence, we are not posting any documents here as source.
        While other sites like perchingtree have posted such documents, it is violation of court policy to publish such documents without court permission. If you noticed, none of the attorney’s like murthy.com, immigrationgirl, etc. have not published any such documents or linked because they are not allowed by court.

        1. Sam

          Court filings are fair use document and you can read more about it here. http://blog.ericgoldman.org/archives/2014/07/republishing-litigation-brief-is-fair-use-white-v-westlaw.htm

          1. Sam

            Please cite the court policy that prohibits publishing of litigation briefs. Do not provide wrong information to your readers.

        1. SB

          Shivani, if you have already applied for H4 EAD or even if you want to apply for it now USCIS will honor it and give you a new EAD card based on H1b validity or at least for 1 year, whichever is earlier. There is no change until H4 EAD is revoked by the Judiciary. Also, it will not be abruptly stopped. They will give sometime to review the Bill like they are doing it for DACA bill.

          I am guessing if the court takes the decision to revoke after Dec. 31st, H4 EAD workers can still work for until another 6 months or till there EAD expires. So, nothing to worry on immediate basis but as the article mentions you can plan for a backup .

    1. Kambikaran

      Check latest filing report today. H4EAD will not be cancelled and will continue for another 18 months. Congress must pass the Raise Act. To all the naysayers, this proves that H4 EAD is here to stay.

    2. Sam

      I am a lawyer and fair use of public documents and court filings are allowed. However, you cannot use for them profit. If the filing parts requests for their filings to be be sealed, then, they are sealed and cannot be published in public domain.

  18. Karthik

    Heard today from a friend that DHS has filed a motion today 20 Sep on this case. Does any one know what is in the motion. Are they keeping H4EAD or revoking it.

  19. Karthiken

    I heard today that DHS has filed its response to the H4 EAD court order planning to revoke all Executive Orders STEM OPT, H4 EAD and DACA. Does anyone know if this is true.

  20. Pravin Chaudhari

    HI,

    Just came in US on H1B, its valid upto 1SPe19. My wife is coming on H4 dependent visa. She has completed her BE and having 1 year exp. Will they allow her to work.

    1. Ram

      If your Green card process is initiated and you have your i140 is approved, then she would be eligible for H4 EAD after which she can work. If not, she is not authorized to work here on H4. However if interested she can pursue higher education here.

  21. Bina

    My daughter was on student visa and done her masters in finance.Aafter finished her masters she did not get approval of lottery H1b visa.so she went on dependent visa.This year she was selected in Luckydraw but again USCIS send RFE that your qualifications are not match with your salary
    So please give me suggestions what to answer
    As my daughter ‘s education qualification….CA,CPA,MS in Finance,CFA 1st level

    1. administrator
      Kumar

      Bina,
      You need to work with the attorney and there is no blanket answer. Your immigration attorney who filed the petition would be the best person to advise and take care of the situation.

  22. ProBan

    Moderator/ Saurabh,

    Sunday 27SEP17 is approaching.
    Are you or any one aware of what is happening or going to happen to the H4-EAD court case?

    1. Karthik

      The link shows that no new filing has been done after 23 June. Any idea if this will be revoked and if yes, will it be revoked using an EO or through the courts.

  23. Shyandra

    Hi Saurabh,

    I have been in US for 2 months on H4 and i have 7 years of IT experience. I am looking forward to continue my career in US with employment authorisation.
    Could you please suggest either good to apply for H4 EAD or F1(student VISA) or my spouse can sponser for my H1B?

  24. KARTHIKA RUKMANI RAJASEKARAN

    I currently have H4 EAD and doing my Masters now. As I’m planning to graduate in this Fall’17, I’m in dilemma if I should apply for F1 student visa (through change of status) to be in a safer side as the future of H4 EAD is unclear.

    What would you recommend in this situation? Should I stay in H4 EAD or convert to F1? Also I’m not sure how long would it take for the change of status to get approved.

    Please let me know your inputs.

    1. administrator
      Saurabh

      KARTHIKA RUKMANI RAJASEKARAN,

      I would say move to F-1 and get OPT. If H-1 doesn’t work out and H-4 EAD is still intact, then you can always fallback on this.

  25. H1B to H4.

    Hello,

    My situation is as below:
    – Have valid H1B for till 2019
    – Want to apply for H4 (with intention of applying for EAD eventually)

    Question:
    – Can I continue to work in my H1B, after my H4 is approved and (applied for and) waiting for H4-EAD to come in hand ?

    Thank you and I appreciate all your help and response in this case.

    1. administrator
      Saurabh

      H1B to H4.,

      I would suggest to apply for H-4 COS and EAD together. This way they would be approved together. So you can work on H-1 until H-4 COS is approved, and then start working on H-4 EAD.

      1. Anusha

        Hi Saurabh,

        Is it a wise decision to change from H1 to H4EAD in this situtation. If the H4EAD is revoked in future. Can we flip back to H1B again.

        1. H1B TO H4EAD

          That is a good question and I have thought about it as well.

          A follow up question from me will be – Do I have to go through the lottery again if I want to apply for H1B later (again) after I have switched from H1B to H4EAD ?

        2. administrator
          Saurabh

          Anusha and H1B TO H4EAD,

          If you had H-1B previously and then move to H4 (w/ or w/o EAD), you can move to H-1B w/o going through the lottery. You will be considered cap-exempted and any employer can file H-1B petition for you anytime w/o worrying about the lottery/cap.

  26. Mitts

    Hi

    I am on H4 Ead .I did not take away any american job .I am applying to Jobs which match my profile and giving interviews with americans .Although hard luck till now.You cannot tell all Indians fake their resumes

  27. HT

    HI,

    KINDLY NEED HELP…!

    I am on H4 , last year i had applied for H1B and picked in lottery but still waiting for approval. Its been a year now waiting to it don’t know whether it will get approved or not.😔😔this year my spouse’s H1B is eligible to applying H4 EAD.
    So as back up I wanted to know can I apply for H4 EAD while I have applied H1B? Whether it will create any problem my status?

    Thank you..😊

    1. administrator
      Saurabh

      HT,

      You can apply for H-4 EAD. If H-1 gets approved w/ COS, then EAD would be declined. If H-1 is denied, then EAD would become the back-up.

  28. Ruhi

    On one side you think that H4 EAD holders are taking away jobs of skilled Americans and on the other side you say that H4 EAD fake their experience and have no skills. So that means even with no skills and expertise , they take away high skilled jobs. What a joke !! Just use your brains and think before putting your views forward.

    If a american is so skilled then no H4 EAD holder can take away his/her job. It is just impossible to survive on high skilled jobs by faking skills and no experience in this fast paced world. One should not snatch the basic right of a person to work.

    Have faith in yourself and compete with whatever comes . Taking away the right to work from some one is not a solution. I SUPPORT H4 EAD !!

  29. Be_Smart

    Just go to indeed or any jobs site and look for IT jobs. There are tons of them out there. They don’t get filled for weeks and months due to lack of talent. These jobs then get shipped out to Romania, India, France and other European countries. That is loss of tax revenue in the US. Same holds for H4 EAD. It all sounds good when people get angry and say let’s keep the jobs. Companies work on deadlines and have to keep the shareholders happy. The ideal state would be to tighten the regulations and have an orderly process. Let’s not waste jobs and discourage companies in the name of nationalism. IT is a multi billion dollar industry in the US due to Americans and immigrants working together.

  30. Jaya

    Remove H4 EAD asap. 99% of them are not qualified, sitting at home and trying to learn something by using VPN on their H1 Spouse’s work computer.
    Go back if you don’t want to deal with this.

    1. Shali

      How can you generalize? Why do you think all H4 are always not qualified? I have 10 years of IT exp and I hold H4 EAD as well. Mine and my husband’s technologies and line of work are totally different. I can do nothing with his VPN.
      I don’t know with what level of knowledge you are talking with? I think one has to be sensible in writing the statements. You are nobody to decide who has to go and come. Everyone are capable enough to handle such matters when they have gone to the level of getting H4 to their spouse. You can mind such matters at your family level.

    2. Ruhi

      Looks like you are speaking from your own experience.
      Who are you to tell someone to go back !! If someone is not qualified, how can he/she snatch a job from a well qualified person ? Think before you speak !! And If you have so much trouble then you pack your bags and move out as you are the one who is not able to deal with it !!

    3. Jai

      I mean really. your name says “Jaya” must be indian and look at your words , seems like you will kill everyone if given a chance. Everybody has the right to work. No body is stealing jobs or opportunities. what you gonna do with this much hatred for your own people. I feel pity on you miss “Jaya”. Really so shameful

    4. JK

      Its employer judgement to decide who is qualified and who is not. Doesn’t matter if somebody learned from spouse’s computer. If you have learned it properly and can deliver to keep employer satisfied, its good enough. It seems like you studied some course in USA from some below average college and see H4 EAD folks as a competition for you. H4 EAD is 100% justified until the country cap is removed from green-card. Just because Indian’s have to wait so long for green card, the people on H1/H4 keep piling up. Please note that me or my spouse both are on H1, but we feel positive for H4 EAD. Also, how can you be so gender specific even men can be on H4.

  31. ravi

    all the ***** here talking about banning h4 eads have no idea what a h1b has to go thorough to survive in this economy with spouse and children’s, on one person’s salary. when you will be in their shoes then will talk about it.
    and the lawsuit filed by the savejobusa is total bullshit now data to support read the case. how can they say h4 ead is taking their jobs meaning bunch of sposues are able to over throw all these talented american IT workers that means they are really not that talented and have their jobs because of no competition and just by being us citizens crybabies.

  32. Sadhana

    Hi

    I have a question. I have applied for h4 ead renewal which will be valid till 2020. My question is, if h4 ead gets revoked in future, will I able to continue working with my current approved ead till it expires. I hope the future renewals will be stopped. Please clarify. Will rules apply retroactively?

    1. administrator
      Saurabh

      Sadhana,

      It all comes down to how the administration decides to roll back H-4 EAD (in case that’s their final decision). My best guess is they would let current EADs in place until their expiration date and not provide anymore EAD renewal/approval. We will have to wait for the administration to provide more guidance on this.

  33. FrustratedImmigrant

    Time to leave this country if this happens. It’s better to have two salaries in any other country including India vs having to depend on one here and live a sub par life of slavery until you get your GC (15 yrs wait time lol).

  34. ConfusedImmigrant

    What i fail to understand is why the H4 ead is getting so much attention when the dependents of other visa categories like L1 have had the work authorization for so long…why is there no outcry for that. H4 ead is for the dependents of future citizenz of this country and not temporary work force because it is granted only to those that have the 140 approved. Also, the notion that it only adds cheap labor is ridiculous as I know so many people with spouses who have years of experience and masters degrees that are now able to work and add to US economy.

  35. Joanne

    I am an american and I work in IT industry for 20 years now
    Although I am not opposed to H1b people, I have really bad experience about certain H1b people ( they call them Telugu or something).

    All they do is make fake resumes, and get jobs that they are not qualified for

    I already know some and have yesterday reported 8 of them to USCIS

    I advise you to do that too

    Regarding H4 EAD- its a basic right to get work permit when you have GC in progress

    1. Notanamerican

      @Joanne

      first of all, you are faking your identity and claiming here as an American, what a joke that you are reporting to USCIS about fake resumes

      No American citizen will waste time to visit Redbus2us and post shitty things

      1. ConfusedImmigrant

        @Notanamerican There is nothing wrong with what Joanne wrote. I am on H1B and I know lot of Telugu folks with fake resumes and fake experience and even a false immigration status, working in the IT industry. These people bring bad name to the already infamous H1B and should be reported. Also, no need to be butthurt over her comments, seems like you are one of those fake Telugu shameless idiot.

        1. sf

          I agree there are a lot of BS IT consultants floating around but not restricted to Telegu (although perhaps the majority) or one community but across the board comprising Indians, Chinese, Russians, etc.. They need to be weeded out..the majority of them have little to no expert skills or communication skills for that matter and such jobs are best outsourced, There’s no value to having these people work in the US on H1s rather than having them perform their routine tasks sitting in India.

          And yes they do give H1s, the IT industry and Indian IT workers a bad name in general…

        2. @TrueSpeaker

          I also agree with Joanne , I also seen in USA some fake telgu guys are taking advantage of H1 B Visa. Neither they have qualification nor experience. They shown fake high experience and get jobs easily. Just because of these people bad name spread for everyone who even are real, qualified and deserving.

    2. Indian by Heart

      US has 45 lakh Indians, out of which 6.5 lakh are Telugu = 14.4% of Indian Immigrants are Telugu
      India’s population is 130 crore, out of which 8.5 crore are Indians (highest south Indian language) = 6.5 % of Indians are Telugu

      Engineering graduates in US per year = 1 lakh in US
      Engineering graduates in India per year = 15 lakhs in India

      Engineers/ computer related of by language:
      Telugu: 3 lakhs to 3.5 lakhs
      Tamil: 2 lakh
      Kannada: 1 lakh

      In Andhra there are two options, Engineer or Doctor, all other professions are very minority. so, they go all over to graduate engineering in all other states possible. The Telugu number is always high, even in IITs/ BITS/ etc..

      Indian state wise:
      State—————->No.of Colleges of any type
      Andhra (Telugu)–> 5200 (20 lakh students) 95% of them are Telugu
      Karnataka ——–> 3600 (13 lakh students) 20% of them are Telugu
      Tamil Nadu ——-> 2500 (18 lakh students) 10 % of them are from Telugu

      so, looking at a brief states above, one must understand,
      Most of Engineers in India are Telugu at par with any others.
      Most of the IT jobs/ visa are for Telugu’s, whats wrong in it.
      Hyderabad has most of the Software training Institutes than any other place in the “World”, can you believe this? and that place is called, “Ameerpet”, where many people from other states/ countries come here to learn Software hands on. and so..on..

      Telugu community is bigger than many Nations:

      Japan = 12.5 crore
      Telugu = 8.5 crores
      Germany = 8 crore
      UK = 6.5 crore
      France = 6.4 crores
      Italy = 5.9 crore
      Canada = 3.6 crore
      Australia = 2.5 crore
      Spain = 4.6 crore

      Now tell me, why do you think a State that produces more engineers have its relative share in H1B too. Engineering education is the main graduation of Telugu people. we cant avoid it.

      Dont be racist on any one community, learn the stats before pointing some one. I am not Telugu, I am Kannadiga. Telugites are our younger brothers. We love them. Telugu people are very friendly, I have very good Telugu friends. Yes they are more in IT, but they are good.

  36. Priyanka Pagadala

    This site is providing us with lot of useful information which might be helpful in the coming days..thank u

    1. administrator
      Saurabh

      Aswini, Suprabhath

      Do you trust Murthy.com or do you think they also spread fake news. Here is what they mentioned about this filing.

      Or you can read the article on a new site like CNN here (but then some have labeled CNN as fake news).

      1. Aswini

        Hello Saurabh and Admin,

        Ok, the DOJ has extended time frame for the DHS to decide upon the rule. I do trust Murthy.com and you are absolutely right about CNN. Thanks for your clarification! Please accept my apologies.

  37. Ram

    When compared to more than 155 Million people in workforce, percentage of H4 EAD workers is very less, roughly 100-130K. The lawsuit makes no sense because
    1. These H4 EAD workers are not all in IT, some are doing business, research and several other fields
    2. These H4 EAD workers are not all at one location to be impacting job search
    3. DHS does have authority to make decisions for employment, that is reason whole rule making process was followed and there were more positive comments than negative
    4. A small percentage of H4 applicants are eligible for this employment authorization, NOT all, H1 petitioner should have I-140 approved or applied past year.

  38. DD

    Hi Saurabh,

    Lets say, A person is holding valid H1B stamped visa(Selected in 2015 H1B lottery) but due to some reason that person could not traveled and his/her visa got expired last year(Oct 2016). Now company again filled an amendment with extension (As earlier it was for another location) in PP (USCIS acknowledged the case on 29th march).

    Does this latest news about H1B is going to affect those candidates as well?

  39. H1B Aspirant 2018

    I pray that the H4 EAD rule to go off as already thousands of talented professionals are waiting for their first opportunity. This is the only reason I like Trump and the administration! I don’t know why they want to wait for 6 more months….

    1. H4EAD

      Well, your premise is incorrect on several levels. H4-EADs are not not talented. I have 12+ years of experience and switched to H4-EAD.

      1. anonymus

        I support H-4 EADs but I hate the fact that they are faking their experience and knowledge. A person who has just graduated is able to compete with people like you who are having 12 years of experience by changing some terms on their resume.

    2. xXiXx

      H1b is a very specific job requirement, and on the other hand H4 EAD can pick up any job, right from school teacher to Walmart clerk to starting their own company. If you are H1B Aspirant then there is no impact on that.

    3. H4 Supporter

      I pray that you never get H1B. Only the talented people should get it which includes H4 people who have valid skill set and good experience.

    4. Immigrant

      If you think an H4 EAD holder (a person who might have had a break for couple of years) can cause you your job , then you don’t belong to the ‘highly skilled’ criteria to apply for H1. And also what if they decide to apply for H1? Dosent it mean more number of people and lottery and you loose a chance . I hope that you will still ‘like’ Trump administration when they bring in H1 B reforms .

      1. Sf

        Some ignorant comments by ignorant trump supporters here…obsessed with ‘liking’ him and dismissing the truth as ‘fake news’. I hope he does something in your favor but so far he’s made it very clear- reduce or cut H1s and limit legal immigration.

    5. Aswini

      H1-B Aspirants wants H4 EAD to go off and few Americans want H1-B to go off, we all need less competition, ain’t it?

      Compared to other visas, the H1-B visas and student visas are a lot abused. Instead banning the EAD, the DHS should streamline the work visas so that it cannot be abused. They should also consider abolishing dependent visas for anyone above 21 or so and live in US should be free to work – it is known to be a free country after all.

      Freedom to work is a basic human right and it shouldn’t be snatched.

      To the abusers, and fake resume – remember what goes around comes around – have some integrity for self and the country.

    6. Ane

      @H1BAspirant2018.. dont worry you will be the first pray of Trump administration when new H1B rule comes out. I like trump administration too.. Lol

    7. SupportH4EAD

      You people really think H4 EADs work in Walmart. Just got wifes H4 EAD approved last week. She has double masters degree and is currently CEO and Founder of a company funded by American investors. Already have two Americans employed and creating more jobs in USA with three other positions currently open.

    8. JK

      H1B Aspirant 2018 : Looks like you still need to go for H1B lottery. So, seem frustrated. You seem very talented, why dont you just apply for O visa which are unlimited rather than wishing bad for others (H4EAD aspirants). Why are so afraid from people who who don’t think competent? You want to win a race by ensuring that other don’t participate.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.