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.
I have utilized the services of Attorney Rajiv Khanna many times over the last 10 years and have 100% of the time been satisfied with the prompt, expert, and swift handling of the H1B and Green Card applications. Most recently I took over a very complicated immigration situation when I took over as the Chief Operating Officer for CCOM Medical Group. I was faced with an employee that was out of status and her whole immigration process had been mishandled by numerous attorney’s over several years. Rajiv’s staff quickly put together a plan, researched all the potential obstacles we could potentially run into, and executed parallel applications for an H1B visa and green card. The end result was obtaining an approved H1B visa for my employee and H-4 for her son along with an approved I-140 so that as her priority date comes up later this year she can get her green card. We are all very happy and appreciative of the fine work Rajiv and his staff did for our employee and CCOM Medical Group. In my ten year history in working with Rajiv he has never, ever, let me down and he and his staff are always conscious of ensuring I have the appropriate expected outcome in mind and am fully aware of any downside to a situation before it happens. I like to make informed decisions and Rajiv allows me to do that. Anyone reading my comments is more than welcome to contact me at (918) 683-0753.