A great news for H4 dependent spouses who are waiting for their EAD. A long wait has come to an end. OMB has approved this final rule yesterday.
Today, USCIS director announced that, DHS is extending the eligibility for employment authorization to certain H4 dependent spouses of H1-B effective May 26, 2015.
Under this rule, in the first year nearly 1,79,600 individuals are eligible to apply for employment authorization and 55,000 annually in the next coming years.
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What is H4 EAD Rule?
Under existing regulations H4 dependents cannot work in the U.S . This proposed rule will amend existing regulations to allow H-4 dependent spouses of certain H-1B workers to request employment authorization.
Who are Eligible?
Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:
- Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Have been granted an extension of their authorized period of stay in the United States under AC21 . AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
How to Apply ?
Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence and a $380 fee to get work authorization and to receive I-766 form and EAD. USCIS will start accepting the applications from May 26, 2015. Once the I-765 has been approved, H4 dependent spouse will receive EAD and can start working in US.
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Can some one who has an idea help me with my question..I am really confused..My wife has her H1 visa and currently looking for projects. So, can she now getting converted to h4 and apply for EAD? and also will the primary H1 holder also get EAD and what is the turn around time for getting the EAD? Any answers for the questions is much appreciated.
if U need to have I140 approved, and she converts to H4, she will be eligible for EAD, but the primary would get the EAD only when the priority date comes close, as of now… This rule might change in the future…
what is EAD do we need to get work permit according to our qualification or we can work anywhere even in mcdonalds means can we sell item on internet or anywhere in shop means handmade item or
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what is EAD do we need to get work permit according to our qualification or we can work anywhere even in mcdonalds means can we sell item on internet or anywhere in shop means handmade item or
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Well ! Its going to be interesting on how the H1-B filing craziness is going to be this year or maybe next. Those spouses who are under-qualified will clearly pick this EAD option (who would have otherwise filed for H1-B with exaggerated experiences) and I wouldn’t completely put them to blame as well, its not they who are filing, its the _certain_ body-shopping companies that are the problem. Also this year we will come to know if there is indeed real demand for even 58500+ 20k(Masters – this definitely there is – no questioning) H1B number. Also it will clear the way for those legitimate spouses, who are really intelligent and have a US Masters in Non STEM (come on! MBA is not lesser than MS) but still not secured an H1-B work permit just because their luck was gray due to lottery (this is going to be the 3rd consecutive year for lottery).
I don’t see a H4 eligibility criteria in the Form I-765. There should be one stating H1B dependent or something.
What if the I-140 is approved with previous company, Can the H4 eligible for EAD ?
Few months ago i came to US on H1B, My spouse joining me in couple of weeks, My spouse is also eligible for work Now? Anyone please give us clarity.
In order for your wife to be eligible , you have to be approved I140 atleast.
On the positive side, Competition for this year H1-B will be reduced.. Good luck for those who are applying H1-B this year
Long live America- YouStupid Obama, where will the citizens find Jobs now? where will people who don’t have a second country to fall back upon go? You should write books, not govern! Why did I ever vote for you.
R u proving u r stupid here … This country has always sought after the cream of human race ever since its existence.. many inventors discoverers and what not have all been bought by this country . If at all an ethnic group has to cry for this situation it’s only the Indians of this land .. not u not me nor anyone else .. If u r talented if u have the ability to sustain the competitive race .. u will still find peace here stop cribbing like a cry baby … go and explore the pain people face in other countries. .be happy u r already in a safe haven
The number of people getting added to the work force is less than 0.1156% as per DHS. Do you think that the remaining American work force including yourself are so insecured of not getting a job?? If thats true then its for the good of this nation that u remain unemployed.. Or atleast go bak to school and get more skilled.
What if H1B principal applicant has not applied for GC? Is Dependent H4 holder eligible for EAD?
Answer is NO, you need to have an approved i140 to begin with.
My wife has her H1 visa and currently looking for projects. So, can she now getting converted to h4 and apply for EAD? and also will the primary H1 holder also get EAD and what is the turn around time for getting the EAD? Any answers for the questions is much appreciated.
Does this apply for any term of H1B with an approved i 140? Or has to be only 3rd term of H1B. Thank you.
Any term of H1-B with either of the following are eligible…
It says
Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; ” OR”
Have been granted an extension of their authorized period of stay in the United States under AC21 . AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
If you fall under any one of the above, then you should be eligible.
do you know if what after filing I-765 what would be turn around time to receive EAD?
It would take maximum of 90 days to get the EAD from date of application
so much crap going to come now.
More fake resumes in the market now ..Husband and Wife bith can fake and cheat
Yeah xactly. Corrupt the job market. Ppl even with genuine exp ll get screwed up..
This is how US decides the fate of talented people. They cannot retain MS holders from US universities with stupid H1 quota, and to exploit it more, there are consultancies who fuck up these situation by helping people to apply multiple applications. At least with this H4 EAD, other people can peacefully expect to apply and get H1 visa, and dont have to leave US, like me..
Teja, USCIS didn’t mention any such conditions. she can apply. By the way where r u from. even my wife is a CA from India
is there any clarity on the eligibility criteria of the h4 dependent. Should the h4 dependent be seeking employment for specialized jobs only? My wife is a CA from india and not an engineering graduate. Will she be able to apply for EAD as well?