My spouse and I are living in different sates due to obvious work reasons. I am currently on H-1B Visa with my I-140 approved. My wife is on H-1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H-4 EAD my wife is planning to change her visa status from H-1B to H-4 so that she can get opportunities at the place where I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit without any sponsorship in order to hire her). In this regards I have 2 questions <br>
1. Would you suggest us to get H-4 approval in advance before H-4-EAD rule comes into effect or would you suggest we can file them concurrently?<br>
2. If she applies for H-4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H-4 approval?<br>
P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Status of the H-4 EAD regulations
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
My wife H4 was expired and we realized about it one year after it has been expired. This has happened because my previous employer filed just my H1 and they never filed H4 for my wife. After realizing the situation my current employer filed through our company lawyer and H4 was denied. I have been looking around for another lawyer, who had success in handling this kind of case. I didn't find one single lawyer who can assure me of fixing my wife visa or who had success in the past. I sent an e.mail to Rajiv and surprisingly I got call from him the very next day and he told me about the success they had in the previous cases. We filed for my wife H4 along with my 7th year extension. Miraculously her H4 was approved by CIS. This has just happened definitely because of the excellent background work done by Rajiv and his team. The timely response from Rajiv,Jitesh,Ursula,Anna & Seth is extremely impressive. I recommend anybody to deal your immigration issue with Rajiv and his team. These guys are just awesome. Overall I am very happy that we chose Rajiv firm.