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H-4 EAD Rule
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
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.
USCIS Finalized the H-4 EAD Rule
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.
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Certified planning documents from County showing the Business is in Commercial Lot
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and invoices etc
-Petitioner works on Speciality Occupation mentioned in the labor
We received an RFE for evidences from end client. Anna and Rajiv submitted all the needed documents to USCIS and after a week, we got an email from Anna Baker saying that, USCIS approved my H-1 application with the I-94 attached to it, as well as the H-4's for his dependents.
On reading the message I was so excited as It has been a struggle for all 4 months with RFE for 8th year extension. Anna and Rajiv sincerely worked on the case to make it successful. Especially with complications in my cases, as there were vendor layers involved to the end client, atleast 30 to 40 people from my parent company, vendors and end client including Rajivs staff were directly or indirectly involved at each step of scrutiny on my documents and they all deserve my thanks too. Special Credits to Anna and Rajiv as they did a Great Job. Hurrah!!!!!!!!