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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