Most entries below contain actual legal discussions of events directly related to Filipinos in or immigrating to the United States.
Remember- These writings are provided for general information only and do not constitute legal advice, nor do they create any attorney-client relationship. Each person's needs and requirements are different and require a personal evaluation to determine the proper legal course of action.

Saturday, March 28, 2015

Waiting for USCIS H-4 EAD FAQs

We have the Final H4 EAD rule, but we are still left with many questions. 

For the simple case of an H-4 whose spouse has an approved I-140, most questions are answered and everything is fairly simple.  For other scenarios, the rule is vague.

 Here are a some of the H-4 EAD issues awaiting clarification:

--EAD validity after I-140 withdrawal

--H-4 EAD eligibility after I-140 revocation

--Effect of travel on pending H-4 EAD requests

--Ability to file from outside of the country

--Start date of simultaneously filed I-765s

--Gaps in employment authorization in change of status cases

--The big question - §106(a) duration parameters (discussed in detail here

--Need for multiple 765 filings when capturing both current and future eligibility?

USCIS has been presented with a lengthy list of H-4 EAD issues for their consideration prior to the publication of H-4 EAD FAQs, anticipated in late April or early May.

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