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 Saurabh2299 Comments

Last Updated : September 21st, 2018 . Check Timeline for full status updates by date.
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.
  • February 21st, 2018 ( Official ) : After a very long wait, finally today there is an update on the case by court.  They have ordered the case to be held in Abeyance ( basically hold) and denied the plea of oral argument by SAVE Jobs. As you can see below, they mention that, the reason for their decision is that they see the plan of rule-making  by DHS to propose rule to remove H4 EAD in February 2018.  DHS is asked is report status on the H4 EAD rule within 90 days from the order day, which is today Feb 21st, 2018 and also every 90 days after that.  Basically, DHS has to file an update with Court by May 22, 2018 on the H4 EAD rule-making.  Now, as far as the rule-making from DHS, nothing has been sent to OMB yet for review. So, we need to still wait.
    • Official Documents : Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
    • Next Steps : DHS to update Court regarding H4 EAD rule making by May 22, 2018.
    • H4 EAD Removal Rule Making Status : No rule is sent to OMB for review yet. Need to wait.
      H4 EAD Update February 2018 - Case to be Held in Abeyance
    • February 28th, 2018 ( Official ): DHS filed a status report with the DC Circuit Court stating that upon review by USCIS, they believe that draft of the regulation need to be revised further and they need some more time until June 2018.hey anticipate that it will be June 2018, when they can submit the proposed regulation to Office of Management and Budget for review and clearance  in time for publication.  The court document says that the decision to remove H4 EAD using regulation does not change, but they need more time. See below the document with sections highlighted.
      • Official Documents :Read Official Docs at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
      • Next Steps : DHS to update court regarding H4 EAD removal regulation rule making process  in next 90 Days, maybe end of May 2018.
      • H4 EAD Removal Rule Making Status : Regulation will be revised further and send to OMB by June 2018. Need to wait.H4 EAD Update Lawsuit March 2018 News
    • March 26th, 2018 ( Official ): Few of the Members of Congress wrote to USCIS Secretary requesting to reconsider and not revoke the H4 EAD rule.  But, USCIS responded saying just that, they are working towards the president’s goal of Buy American and Hire American and everyone will get a chance to submit comments during the rule comments period to submit feedback.  See below. You can check the actual Request Letter and Respond from USCIS H4 EAD USCIS Updated Secretary April 2018
    • April 4th, 2018 ( Official ): USCIS Director wrote to Senate outlining various H1B and H4 changes in a letter and plans of USCIS. It also talks about their intention to remove H4 EAD and the regulation in planning. Below is the screenshot of the exact info. It clearly tells that they plan to remove it with regulation and public will get a chance to provide feedback during comment and notice period. Check original document of USCIS Letter sent to Senate Judiciary committee H4 EAD April 2018 News Update
    • May 10th, 2018 ( Official ) : H4 EAD Rule removal is now part of Spring 2018 agenda and the timeline has been updated to June 2018 for rule proposal and comment period. The current rule published in RegInfo.gov does not have much changes, except there is no need justification in the current rule proposal. See below the comparison. The green highlighted one is not there is Spring 2018 rule info. Check the actual rule info at Reginfo.gov Spring 2018 H4 Removal RuleSpring 2018 Regulatory Agenda H4 Visa EAD Rule Removal
  • May 16th, 2018 : A group of 130 members of congress lead by Rep. Pramila Jayapal and Rep. Mia Love,  signed a letter to the DHS asking Trump administration to reconsider its plans to remove H4 EAD rule  for certain spouses of H1B. You can read actual : Singed Letter H4 EAD 
  • May 23rd, 2018 ( Official ) :  Despite all the letters, etc. nothing has changed from DHS/ USCIS in their stance towards the rule removal. Yesterday,   DHS filed an update with the court indicating their stance and the progress with H4 EAD removal rule. It is a simple update and tells that the H4 EAD rule removal is in final clearance and will be sent to OMB for review and their plans remain unchanged for publication of NPRM for H4 EAD Removal   Below is  the most important piece of info clipped from the court document. You can check full  Official H4 EAD Court Documents H4 EAD Rule News Update May 2018 Latest Court Update
  • August 20th,  2018 ( Official ) :  USCIS updated court on their latest status indicating that final DHS Clearance review is ongoing  and its intention/ stance on the issue remains unchanged. See below screenshot from the exact ruling. In general, the OMB review process takes anywhere from a month or more, so we may expect the ruling around in late September 2018.  You can check the full document at   Official H4 EAD Court Documents USCIS H4 EAD update court - August 2018
  • September 11th,  2018 ( Official ): SAVE Jobs USA has filed a motion in court asking the court to conduct briefing and oral argument very soon. It is pretty lengthy 11 page document submitted by SAVE Jobs USA that highlights the delays and says nothing has moved in the last year and half and if it goes at this pace, it will take years for this case to be closed and they say “Justice Delayed is Justice Denied”.   Also, they say that there could be another litigation as well, if the H4 EAD is removed, so they are asking for oral hearing to clarify one simple question if DHS had the authority to give H4 EAD without Congress approval.  The key info is highlighted below in screenshots.  If you are interested in reading the actual filed Motion Document, you can check it out at  Official H4 EAD Court Documents H4 EAD News Update September 2018 - Save Jobs USA Motion to reopen caseConclusion of the H4 EAD Litigation September 2018 Update Court
  • September 21st,  2018 ( Official ): In response to SAVE Jobs motion filed earlier this month, DHS submitted in court their response requesting to hold the case as it is as they are making swift progress. DHS’s senior leadership has reviewed and proposed some changes and they plan to submit the rule to OMB within 3 months. DHS argues in the response document to all the concerns raised by SAVE Jobs USA in their motion regarding more jobs lost, future litigation, etc. The overall message DHS says is that, it is in best interest of everyone to hold the case hearing on hold until the process is completed as it would waste court’s and everyone’s time as their intent has not changed and they are making swift progress.     The key info is highlighted below in screenshots.  You also read the actual response document at by DHS at Official H4 EAD Court Documents H4 EAD News Update September 22 filed by DHS supporting the NPRM

What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Current Status ?
Spring 2018  Regulatory Agenda: As you can see most recent update above, we have agenda item called “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”  that it is now part of the Spring 2018 Regulatory agenda. It was initially part of Fall 2017 agenda with a timeline of Feb 2018, but due to the complexity of the rule DHS asked for extended timeline with court for lawsuit and since then the timeline in the Spring 2018 regulatory agenda is updated with NPRM set to happen in June 2018.   Keeping the H4 lawsuit aside, now it has moved to a stage where the it has published agenda item to remove the H4 EAD rule.  June 2018 is the timeline for the rule to be sent to OMB for review. DHS and USCIS are working on the draft rule to send to OMB for review.   Until the new rule is published, we do not know much on what would happen to the current H4 EAD holders, etc. So, kind of unknown at this point. But, you can continue to file for H4 EAD, nothing is stopping you.

Members of Congress Letters, Requests – March, April 2018 News : Also, in the end of March many members of congress wrote to USCIS to reconsider removal of H4 EAD, but USCIS responded that they are framing many policies based on Buy American and Hire American EO and public will be given chance to give comments. Also, similar letter was sent in April, to Senate judiciary committee indicating that USCIS is in process of publishing regulation to remove H4 EAD. The overall message from USCIS is that they are clear on publishing regulation to remove H4 EAD. We have to wait and see, what they will do with the comments. Also,

May 2018 News Update : Despite all the letters from members of congress, the most recent update from DHS to court on May 23, 2018 is that they will go ahead with NPRM once the final clearance is complete.

Aug 2018 News Update : The most recent update from DHS to court on Aug 20th, 2018 tells that they will go ahead with NPRM once OMB review occurs in next 30 days or so…We just need to wait and see what happens around late September.

Sept 2018  Update : SAVE Jobs USA has just filed the motion with court requesting oral hearing, and after 10 days DHS filed response requesting the court to hold the case as it is as they plan to submit the rule to OMB within 3 months. We need to wait for court’s response . As of now, nothing changes, we just need to wait for the court.

H4 EAD Lawsuit Update: On the lawsuit side, Court ordered on Feb 21st, 2018 to hold the case in Abeyance ( basically hold) and asked DHS to report the status within 90 days on the H4 EAD removal rule-making. Also, court denied the motion by SAVE Jobs for oral hearing…  As updated above, DHS updated court that they need more time to send the draft regulation to send to Office of Management and Budget (OMB) for review regarding the rule. 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 Spring 2018 regulation update ?

Reference :

Related Articles


Comments ( 2,299 )

  1. AspiringH1B

    H4 EAD ends in 3 months per NDTV:

    https://www.ndtv.com/world-news/will-revoke-h4-visas-within-3-months-trump-administration-tells-us-court-1920404

    No more two for one visa deal.

  2. Quan

    Kumar, is there an estimate of how many people are on H4 EAD?

    Usually, when regulatory/policy changes are proposed, the potential economic impact is evaluated. In this case, DHS would also not want to be sued by businesses for loss of profit arising from lost employees.

    Is there any data available regarding H4 EAD?

    1. rock

      As of 2 December, 2017, the US Citizenship and Immigration Services had approved 1,26,853 applications for employment authorisation for H-4 visa holders. These count all approvals since May 2015 when the rule was implemented. This number includes 90,946 initial approvals, 35,219 renewals, and 688 replacements for lost cards.

      “Ninety-three per cent of approved applications for H-4 employment authorisation were issued to individuals born in India, and five per cent were issued to individuals born in China. Individuals born in all other countries combined make up the remaining two per cent of approved applications,” the Congressional Research Service said in its recent report, based on information obtained from the US Citizenship and Immigration Services (USCIS).

      1. Desi Bulls

        Again , it takes OMB another 6 months to implement the change of status to cancellation and even after that the H4 EAD valid dates will still hold true to the expiry dates. So not to worry much folks !!!!

        Its a long process. Unlike Indian media claims.

  3. Desi Bulls

    BREAKING NEWS !!!!!!!!

    Court denies for verbal hearing on the H4 EAD, which means it will take more than another year or 2 for the DHS to shut down H4 EAD. Congrats H4 EADs , your prayers answered.

    1. Dave

      Nothing much new, court is basically still waiting for DHS’s very late stage completion of revocation rules.
      Under ‘America First’ guideline, all the whining from H4 Supporters are wasted.

      1. Desi dude

        Judging by your poor English – you are probably one of those incompetent H1b folks who feel competition from H4 EADs. Haha, dude you’re such a loser.

        1. Reethu

          https://www.news18.com/amp/news/world/trump-administration-says-will-revoke-work-permits-to-h4-visa-holders-within-3-months-1885367.html

          😥😥😥

      1. Desi Bulls

        This is more to do with India – US bilateral dialogue. India strongly requested for consideration of retaining of H4-EADs with American counterparts. Again hope for the best !!!

  4. SaveH1B

    https://www.cnbc.com/2018/09/13/visa-green-card-applications-can-be-denied-if-applicants-have-errors.html
    Authorities can now deny visa and green card applications without giving applicants a chance to fix errors

  5. SaveH1B

    Indian-American Congressman introduces bill giving flexibili ..

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/65807760.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

    https://timesofindia.indiatimes.com/business/india-business/indian-american-congressman-introduces-bill-giving-flexibility-to-h-1b-workers-to-switch-jobs/articleshow/65807760.cms

  6. Desi_bulls

    Intense pressure on the lawmakers to retain H4 EADs from Company Executives. There is a question from senator to Twiiter and FB executives on retaining the H4 EAD!!!!!!!

    Congrats all H4 EAD holders !!!!!

  7. Nandini

    I am Nandini, and I posted below one week ago:
    One of my colleage who works with me has done some nursing or dental course in India. She never worked in IT. After H4 EAD rule now she is Software Engineer. What a magic!!!! Taht’s the power of H4 EAD. the greatest loop hole in US to do tricks.

    I reported my colleage to [email protected]

    1. A girl is No one

      There are many people in IT who are marketing guys, lawyer etc. It is really easy to switch career path here unlike India. If your colleague got this job by not faking education or experience then I do not think she did anything wrong. If your employer gave her fair chance to prove and she is using it there why you complain?
      My manager is a white guy with degree in biology and leads team of 40 people in FANG. There are many people in my office with similar story.

      1. Piyush

        People in H4 EAD are who gets job are obviously faking their resumes. They will add prior fake experience to their resume. US is not like India in the way that here most of the jobs need experience. Most of the job posting needs 6-8 years of experience. May be 5% needs 0 experience. But among working h4 ead holders who will agree or accept they are faking their resume and getting jobs. They pretend asif they are not faking the resume and they deserve the job and fight for the permits. One thing to be worried here is there are many genine candidates who qualify for these jobs and with the loose of H4 ead, it’s a big loss for them, not for fakers. Fakers must be happy in mind that they got an opportunity from 2015 to until h4 ead ends to work in IT faking resume.

        1. Ranveer singh

          This is not correct to generalize h4 EAD’s are fake. Few I knew was working in India for past 10 years and were able to continue their profession due to EAD.
          They were in lot of mental agony till H4 EAD came.
          Also not all of h4 doing tech jobs. Lot of them doing job which do not require any sponsorship.
          If L1 spouse can work why not H1?

      2. A girl is No one

        What about H1Bs faking experience? Admit it or not we have spoiled the system and its easy to blame certain people for that. Not all H4s and H1Bs fake their resumes. Some people found vulnerability in the system and they exploited it. I have experienced that as well but I would not categorize it.

    2. Indians Spoil Indians

      Indians Spoil Indians –There is no doubt about it !!!! I have been observing this since past 20 Years in United States.

    3. GiGi

      NANDINI, I’m surprised that you did such a thing! why did you feel the need to report her? Jealous maybe? She did what she had to do, to feed her family and herself. I would say it was not your place to decide whether she is eligible or not. Maybe she was good at working as an IT professional and that’s why she could retain her job, otherwise, she would have been fired anyway. Throwing someone under the bus like that, I feel people like you NANDINI do not deserve to be working where you are working. H4EAD or not, it’s not good to pull each other’s legs like that. I would just say you were just JEALOUS.

  8. Aspiring H1B

    Stop wasting time with all the “news” opinions. Watch the full interview (1 hour) with USCIS director and understand the direction:

    https://www.cis.org/Immigration-Newsmaker/Immigration-Newsmaker-Conversation-Director-USCIS-Francis-Cissna

    Francis Cissna is an accomplished and experienced professional who knows immigration well. His direction for USCIS may not be to your liking (if you are hoping for US visa/GC), but then USCIS is here to serve the best interests of US Citizens, period.

  9. Mohit

    What does this mean – “In general, the OMB review process takes anywhere from a month or more, so we may expect the ruling around in late September 2018.” ?

    Does it mean H4 EAD will be revoked in September 2018?

    1. administrator
      Kumar

      Mohit,
      No, it will be published for public to review and submit comments, then next steps kick in. Still long way to go.

      1. Faaizah

        Hi Kumar,
        I came to US on H4 last year and right from day 1 i was enrolled in MS program (full time) now i am in my last semester still on H4 , but 2 months ago i got my EAD . What should i do now?

        1. NoOne

          As per my understanding you can still switch to F1 . That will give option to get OPT and if H4 EAD survives you will have option open to switch back.

          Good luck !

        2. administrator
          Kumar

          H4 EAD is probably better for anyone…there will be some guidance given by USCIS on when it will end, when the new rule to revoke will be published. As of now, you can continue to work on H4 EAD. Also, you can check with school, if you will get OPT and STEM OPT Extension, if you switch to F1 now…based on that you can make a decision. Each of them has their pros and cons…it is up to you to choose what works best for your situation.

        3. Ash

          I would recommend you to stick with H4 now instead of going for change of status. Based on the H1B applicant receipt number, your change of status application will be sent to california or vermont. If it is vermont, the average processing time is over a year and you will not get change of status approval before you finish your MS. Even for california center processing times are around 5 months.

    2. Aspiring H1B

      If you watch the interview with USCIS Director, their intent is to rescind H4 EAD as follows.

      a) If you are on H4 and not in GC queue, then EAD will be revoked. (Rolling back Obama era disregard of the law)

      b) If you are on H4 and already in the GC queue, then EAD will not be revoked. (No change from Obama era)

      1. Aspiring H1B Father

        How can a person not in GC queue , will get EAD revoked. They never had EAD , only the people waiting in GC queue were issues EAD.

        1. Aspiring H1B Father's Son

          a) If you are on H4 and not in GC queue as of revoking date, then EAD will never be issued to you, even if your husband is in GC queue in the future. (Rolling back Obama era disregard of the law)

          b) If you are on H4 and already in the GC queue, then EAD will not be revoked. You will soon to swap your EAD to GC. (No change from Obama era)

          1. Aspiring H1B Father's Son's Father

            still dont understand. are you saying the spouse needs to be listed in the i140 to be officially deem as in GC queue?
            I got married after my i140 is approved, so my wife is not listed as dependent in my i140. So i am considered as in GC queue but my wife is not?
            The way to correct that is to file another i140 to include my wife as depedent?

          2. shankar

            I didn’t find this statement in the interview. Could you let us know where did you get this information.

  10. Lawyer

    All H4EAD’s: Finally the rule is underway —-Plan to strip H-1B visa holders’ spouses of right to work hits final stage.
    Read the below link:
    https://www.miamiherald.com/news/nation-world/national/article217143265.html

    OR

    https://www.yahoo.com/news/m/5e52affe-387a-37d9-b89b-3de9e31234df/ss_plan-to-strip-h-1b-visa.html

    1. Megha

      Any one is getting their H4 EAD renewed these days? Also my husbands h1 got extended for 3 years and I applied for H4 EAD renewal. Will I get 3 years renewal . Just wondering if DHS is revoking this, whether they give the whole 3 years or not. Please reply

      1. Desi Dude

        Yeah, you’ll get it for 3 years. Why did you not apply for you EAD renewal along with your Husband’s extension, in the same package? That way your EAD would’ve been renewed along with his petition.

  11. Rohan

    Honestly, why is everyone make a fuss about immigration. I came to US in 2013 from TCS. In 2013, I moved to Amazon, 2016 to Google. I have an valid i140. I got a great opportunity back in Google India – Product Management. Never moved to US thinking I will immigrant to this country. I got my chances, got opportunities. Its been 4 months in India. Thinking back, of what I am missing!!! Its probably the $$$. Apart from that i had almost forgotten the how vibrant our country is. Its beautiful. Our biggest strength is social values which we take it for granted. This is home baby!! Home Sweet Home!!

    1. Desi Dude

      Why do you even read stuff on this forum? I mean if you are living happily in India and never plan to come back then what’s the point?

  12. Desparate Desi

    It appears like the policy to deny 485 to GC change of status can be difficult to contest. Hoping that the applicant would not go out of status , as long as their H1 is active . Anyhow what ever anyone says , I will do anything to stay in US. India is becoming unbearable, I was there this summer in India , summers are getting unbearably hot and humid. If visiting India can be so unbearable , living there I think would pathetic . Probably facing racism and discrimination or unbearable pollution and unlivable conditions , which is our choice. No wonder we are struggling to stay back in US under any circumstances, at least I am going to be here what ever it may be , even move to Canada, but not to India.

    1. Nandini

      One of my colleage who works with me has done some nursing or dental course in India. She never worked in IT. After H4 EAD rule now she is Software Engineer. What a magic!!!! Taht’s the power of H4 EAD. the greatest loop hole in US to do tricks.

      1. Desperate_Desi

        Why is it a loop hole !!!! It’s the employer’s responsibility to check her skills. Just look into any big 5 consulting firms , most of the Business Analysts are hired from fresh out of college and projected as experiences people to Clients. Everything is fair in Job , war and what’s the other one.

      2. ImmigrantBrazil

        I am in Sales. I have people in my team who have been working in teaching, insurance sector for age. They have become IT Engineers. These folks are not H4 EAD’s but white. US gives people opportunities to do what they like. Come back to H4 EADs. Do you think if these folks are not capable they will get jobs? Don’t give a blanket statement. Fraud happens everywhere.

    2. Truth

      No need to blame any one. If these kind of rules(H4 EAD’s) are given to indian wive’s they will utlize and misuse it the max. That’s what only happened. So better USCIS come up with some kind of restrictions to H4 ead. And they realized it later that’what they are doing now. Indians are famous for tricks and faking. If any of the IT professional faked H4 EAD goes to India, for sure they don’t even have the courage to apply in Indian IT companies because first thing they are going to ask is completion of bachelor’s degree. In India no one will hire a nurse to do IT job. Here nurse will say on h4 ead “Eventhough Ilearned nursing I worked 8 years in XXX company as software professional”….Poor people in US, they give importance to trust than anything and hire her. H1B is headache with the paperwork and approvals. Come one people if you have common sense you can sense it. People who are fake on H4 ead pretends they are not fake, but everyone else except them knows they are real fakes.

      1. Derek Compton

        I agree. It is bad enough that we allowed the H1B workers to take jobs from native born US Citizens who are IT professionals. Since the inception of this program, it has made it harder and harder for me as an IT professional to find work. They drove the rates down for independent contractors and replaced us because they would take much lower pay, however, the quality of work was much lower than the money the companies may have saved hiring them. Some of their English accents are incomprehensible, they Google how to do everything and fake it until they make it and Corporate America falls for it hook, line and sinker. They come of to be quiet mannered, humble people as they lie through their teeth. They convinced Obama the allow their spouses to live here and to take more jobs from Americans. Obama’s best friend while at Columbia University was Indian and he favored them for it. It is sad. I am so glad they are at least rescinding that part. Please let’s fight to end the H1B visa programs and other like it before it is virtually impossible for IT professionals to find work. It took me eight months to find work and I have 20 years of IT experience. Now the hiring managers are Indian and they are hiring their own.

        1. Desperate_Desi

          Every word is true !!!!!! Though I am on H1b , I agree to what you said. My Indian Manager wants to hire only Indian techies. It’s just disgusting !!! He is a naturalized US citizen and the guy is shameless , I wish USCIS should have recorded his oath ceremony so that his oath could be played to him every day at work to remind his duty to the country. If same thing happened in India , foreigners taking jobs away from Indians. Probably there would have been torching public property everyday to protest such events.

    3. Indian

      I am speechless after seeing this comment. I have seen people fighting for their country, in any unbearable condition. I am really proud of them and I am happy that those people exist in my country too. Now after reading this, I am ashamed that this person is still Indian citizens. I really hope you will get your GC or citizenship of USA or Canada and give up your Indian citizenship as early as possible. I wish you were not an Indian.

      1. Vaisak

        Born on any country is not the matter, do the right thing. Born in India doesn’t mean we have the right to do wrong things. Actually your comment conveys the message people in india should shut their mouth and eyes when indians do fake and wrong things. That’s not right brother/sister. H4 EAD is an opportunity for foreigners to work in US. That’s not an opportunity to fake resumes and work in IT. And on side note, if you don’t know indian giant IT companies will ask for prior experience letters, relieving letter, paystubs before taking that person to their company. That means everywhere no one like or need fake experienced people. But here , since recruiting companies are not cared of doing this, that opportunity is misused a lot by H4 EAD holders, not everyone, but many.

        1. Ruby

          Even if they fake it why do you care about what they do? How is it affecting you? If they’re able to do the job given to them, does it matter what they studied? “IT” isn’t rocket science, so she could have learnt it on her own. If the company is willing to pay thousands of dollars every month for the work she does, I would say it’s none of your business, it’s not going out of your pocket.

  13. Desi_Bul

    what a turn of events , USCIS and DHS is after every one except H4 EADs , this is totally unexpected. The new rule that if any H1B applicant used any of the public benefits like child health insurance subsidies will have tough time to get Green card. Good Luck every one !!!!!!!!!

    It appears now that lot of employers are not even considering H4 EADs and OPTs. Is that true ?

    1. Videsi dude

      You are not going to get a Green card in your life anyway, not with the current wait times so that conversation is useless.

      Employers do NOT want to hire anyone on a visa- H1b/H4/F1 whatever, that is true. (Unless desi consultancy)

    2. Debbie

      You r right—This was the plan of Trump Adviser -Stephen Miller.He is a 32 year old guy with a brain of mad dog and the RFE policy that will come into affect was also his policy.Most of the denials on H1B will be seen from 11th Sept onwards.As per survey,As many as 60% will be denied and mostly can be indian h1b’s….and will be quota cases,transfers and extensions….
      So after all—Those who use Obama care or children health insurance will not be granted with GC. That means –Most H1B holders with I-140 have families and with children and if they have used children health insurance or even Obama care for themselves will face difficulty in getting GC. But as per lawyer association this will be fought in the court of law ….let us wait and see what happens….
      More what policies are there in the mad dog brain of Miller we never know but we should be always prepared for every policy that comes into affect during this current administration.
      Trump and his mad team wants to limit legal immigrants….that’s what I heard from several key lawyers and insider team of democrats….

      1. Manasa

        Sounds like Trump Adviser Stephen Miller was affected by Zika Virus as this virus affects the brain of a new born child with abnormal shapes …so this Miller was also affected by this virus during birth I guess…that’s the reason he is implementing all policies that will hurt mostly Indians.
        The non RFE policy and banning GC and Citizenship for those using of government policies like obama care and such were all his policies…

    3. Pardesi Dude

      Mainly –H4EAD’s if they have good experience and qualify in interviews all employers will consider them but in case of OPT’s-they have really hard time since they are banned from working for 3rd party client locations and even if these OPT’s work as if they hold H1b these will also be easily known during background checks.Now a days many recruiters are requesting for Id’s,passport/visa information and h1b copies and such so OPT’s are having tough time but H4EAD’s not…..

      1. Another_desperate_bull

        It appears like the policy to deny 485 to GC change of status can be difficult to contest. Hoping that the applicant would not go out of status , as long as their H1 is active . Anyhow what ever anyone says , I will do anything to stay in US. India is becoming unbearable, I was there this summer in India , summers are getting unbearably hot and humid. If visiting India can be so unbearable , living there I think would pathetic . Probably facing racism and discrimination or unbearable pollution and unlivable conditions , which is our choice. No wonder we are struggling to stay back in US under any circumstances, at least I am going to be here what ever it may be , even move to Canada, but not to India.

      2. Tresa

        Don’t make these kind of funny statements -” H4 EAD’s have good experience”. If you see those people 8 out of 10 have fake experience and they act like they are supoer skilled. I am seeing H4 EAD people in my company whom I personally know many of them never worked in IT. Have done several other courses too.

        If DHS come up with some scrutiny or paperwork needed to prove H4 EAD’s qualified for IT jobs like H1b 80% of them will be rejected. Again there are genuine. But fakes are more than genuine with H4 EAD.

    4. Pallavi

      Very true. H4 EAD’s with fake experience and the experience accumulated after the H4 ead rule came in to effect are enjoying like anything in IT world. Many of them have done dental degrees, teaching degrees, commerce degree and now they are professional IT engineers. This happens only in this country, not anywher,e else. NOw all the happenings are in twitter. Why don’t you post in twitter #DHS asking for H4 EAD updates and show them how much they damaged IT industry with H4 ead rule. Agreed elligible people should get job./ But now the case is if you have H4 EAD do some online training for 3 or 4 months and land in IT job. This is H4 EAD. Are DHS not aware the count of H4 EAD holders working like H1b holders. Why no checks for them?

      1. Desperate_Desi

        That’s the whole idea of H4 EAD. Housing prices in urban areas have gone up due to H4 EADs supporting jobs made them buy homes. Now with so much scrutiny in immigration, no one knows what would happen. One thing I noticed , I am sure folks here too, too much jealousy in Desi folks now. Any party or gathering you go. “She doesn’t have experience , how did she get a job , ohhh you didn’t know , her husband got the job for her”. I think now some H1 b’s are facing the heat because of H4 EADs have taken up their jobs. I can only imagine how poor US citizens feel about this. After Stephen Miller is right !!!!!!!!!

    1. H1bs fraudsters

      Coz I don’t have proof in my hand and secondly higher authorities are involved in all these wrong doings. I reported multiple times to seniors but I was shown the door.

      1. Suresh

        No, I am on H4EAD, so far we are survived. I am afraid that they won’t just leave us alone like that. My dream is that even if they revoke EAD, but they could offer us to swap EAD card to GC without gap, or something like that.

      2. Desi Dude Dad-DDD

        Remember that h4ead’s are slaves of h1b holders with I-140 approved.If no h1b then h4ead is lost automatically.

    1. Nandini

      One of my colleage who works with me has done some nursing or dental course in India. She never worked in IT. After H4 EAD rule now she is Software Engineer. What a magic!!!! Taht’s the power of H4 EAD. the greatest loop hole in US to do tricks.

  14. XOXO

    Suit against new limits on STEM students in US

    Read more at:
    http://timesofindia.indiatimes.com/articleshow/65031805.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

  15. Neha

    All of these new rules from DHS are meant to clear GC backlog which is a good thing for most of H1b. If we want to clear this backlog faster, we should start writing emails about the wrong doings of your co-workers to
    [email protected]

    1. Praveena

      H4 EAD should be the one which go away first. If you dig past, H4 EAD caused all these issues. With all the house wifes sitting at home started working on H4 EAD with fake experience, many lost their job. They should have imposed strict restrictions while giving h4 EAD holders working in IT or relevant field. Seriously telling, how many h4 EAD holders misused IT jobs by doing some basic training and got hired. That was the start of all the troubles. Because of them all got in to trouble.

      1. Mekha

        Very true. Most of H1b people have atleast engineering degree in some fields and prior experience. If you look at h4 EAD ladies, 9 out of 10 are not genuine, They just got in IT jobs with fake experience, And now all the scrutiny on H1. There are many beauticians, teachers, stylists, plus 2 holders, nurses, or not even employed anywhere before now working in IT jobs with H4 EAD.

        1. Mohit

          Well I agree that most of H4 EAD workers are not genuine but what about those who are genuine? Same is the case with H1B visa holders. Let’s face the fact that people have abused the liberty to work but aim should be to filter out good candidates. If a candidate has studies here or done some kind of academics the those should be preferred.
          Eliminating H4 EAD or H1B completely is not a solution.

        2. Seema

          Oh please. It’s not true at all. There are Fake people on OPT’s, H1’s, L1’s, L2’S and H4’s. Don’t blame just the h4.

          Glad you spoke about some engineering degree, but I have Master’s from a reputed School and I am on h4 EAD.

          I paid more than what you have paid for your employer or whatsoever for your H1. I have studied here, did my thesis here and I have genuine work experience.

          How in the world you talk about revoking h4 ead. All my friends here have Master’s from reputed schools and they are on h4 ead’s. There are lot of genuine people too.

          Fake people are everywhere. The organizations have to scrutinize and hire the best. That’s the solution. Show some respect to us. By the way, we are more deserved than you.!!

  16. lawyer

    More notes from Policy Memorandum -USCIS-13th July 2018 on RFE and Notice of intend to deny(NOID)
    All:
    The purpose of the policy memorandum was:
    This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not
    submitted or if the evidence in the record does not establish eligibility.

    More from the policy: The current Policy memorandum over rides the year 2013 Policy on RFE’s. Go through the background on page 2 of 8 and you will be coming across below content…

    The policy implemented in this PM rescinds the 2013 PM’s “no possibility” policy and restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID,
    when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes
    or misunderstandings of evidentiary requirements.

    My suggestion to all H1’s:

    The H1 beneficiary whoever H1 petition is in process by the service centers under normal processing and if you think that it can take longer then 11th Sept 2018 then I advice the beneficiary to convert the normal process to premium process and get back the H1 before 11th Sept 2018 since the RFE Policy will be in affect from 11th Sept 2018 where there will be only denials but no more RFE’s will be sent by USCIS to the petitioner….

    You can download the Policy memorandum at below link:

    https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

    All—Kindly have a close look at any future policies that are related to your visa and be alert always as current immigration policies will only hurt the immigrants/non-immigrants community including economy –why I am saying economy is due to this policy –almost 75% of H1’s will be gone since they were more then 75% were issued RFE and if no RFE policy then direct denial notice will be sent and it also mentions to leave the country immediately and much more…….As per current year the 78% was issued RFE on H1 Cases and this information is based on USCIS meetings with the immigration law community…

    Hope above info helps H1 community of Indians/Asians…

      1. lawyer

        No RFE Policy applies for all visa categories except DACA recipients due to federal court order.Fyi-this policy will be in affect from 11th Sept 2018 onwards.Go through the policy memorandum dated 13th july on rfe and noid.,if you still have doubts contact any immigration lawyer.

  17. lawyer

    Hello-
    This we cannot blame telugu’s .In recent quota h1b cases almost 65% of infosys and wipro were issued an rfe and they all were from bangalore and chennai including kerela infosys. never blame a particular caste or race…but i can say is it will affect almost 70% of h1 people if rfe policy is gone since uscis is issuing rfe that are really crazy and if you look at the h1 fees only for documentation from murthy law firm it is 2800USD and add uscis fee to it.your point is correct on save h1b since if no h1b then no h4ead or h4.people who own home need to be extra careful since the denial notice mentions to leave immediately.,as i am a attorney and seen such notices filling the USPS post boxes.
    All- sounds like uscis is coming up with more policies and i suggest to have a close look on policies in uscis websites by subscribing.
    thanks.

  18. SaveH1B

    Guys Try to save H1b first, instead of running after H4 EAD.
    We need to focus on SaveH1B, not save H4EAD. If H1b is gone there is no H4.
    Guys Wake UP!!

    1. Clear GC Backlog

      What all issues to focus on !! They are so many related to one another .All will be cleared if the GC moves and completed its cycle in a respectable time……..It would help people who have been for 2-3 years to more than 10 years .Would help the spouses/families/ and the aging out Kids!!

  19. lawyer

    All,
    the policy memorandum having subject – issuance of certain rfe and noid is released on 13th july and is of 8 pages.all h1b and other non immigrant and immigrant visa holders need to check out,as this is much more severe policy then notice to appear as this eliminates people who want to settle down in usa after spending lakhs of rupees on academics. also this is too risky for people who own a house as it cannot be sold in one day.,since denial notice will mention to leave the country immediately .my best advice is- apply for h1 ext or transfers well in advance atleast 6 months before your h1 expires and apply via premium since normal processing takes more then 8 months in few cases to get the outcome of the h1 petition. hope above info helps h1b holders,

  20. lawyer

    All,
    No more RFE policy just denials as per new policy that cameup today from USCIS and this is going to be effective from 11th Sept 2018.That means as per uscis,there was 78% rfe on quota cases and that all will get denied under new policy.
    check uscis policy -new policy on rfe on Google. there is full lengthy policy of multiple pages….read and i guess this will impact 60% of indians as well as economy.

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.

This site uses Akismet to reduce spam. Learn how your comment data is processed.