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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.

Tuesday, February 24, 2015

H-4 EAD - Detailed Summary Soon

Today USCIS announced the Final H-4 EAD Rule will be published tomorrow and applications will be accepted beginning May 26, 2015. 

While this is good news, all we learn from this announcement is the effective date of the new rule.  

Later today I will discuss the details that will appear in the Final Rule.

[Edited to add:  the detailed discussion can be found here]


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20 comments:

  1. UnknownFebruary 24, 2015 at 10:59 AM

    is this rule officially approved ?

    ReplyDelete
  2. James W. AustinFebruary 24, 2015 at 11:22 AM

    Yes, with just minor changes from the proposed rule. So far, the changes I see are good! Jim

    ReplyDelete
  3. AnonymousFebruary 24, 2015 at 12:36 PM

    So, how does one apply, has to go through the H1 sponsoring company or concerned H1 candidate can apply for his or her H4 spouse directly ???.

    ReplyDelete
    Replies
    1. James W. AustinFebruary 24, 2015 at 12:45 PM

      The H-4 spouse applies directly with USCIS. The H1B's company is not involved.

      Delete
    2. AnonymousFebruary 24, 2015 at 2:27 PM

      thanks James.

      Delete
  4. AnonymousFebruary 24, 2015 at 12:38 PM

    Will this EAD come with travel document?

    ReplyDelete
  5. James W. AustinFebruary 24, 2015 at 12:49 PM

    No. H-4s are not eligible for advance parole unless they have an application for permanent residence pending, in which case they are already eligible to request an EAD/AP "Combo" card.

    ReplyDelete
  6. Cool_RashFebruary 24, 2015 at 12:57 PM

    1. As per the new "immigration law" spouses (in H4) of Approved I-140 can work. So, as I will be getting my Approved I-140 before joining B, based on that, whether my wife would be able to get her EAD, even if I change employers from A to B. What are the scenarios if my current employer withdraws the approved "I-140" ?

    Note:- The approved I-140 is from my current company B

    ReplyDelete
    Replies
    1. James W. AustinFebruary 24, 2015 at 4:34 PM

      The new rule is not helpful for this situation. I will be writing on this topic soon.

      Delete
  7. AnonymousFebruary 24, 2015 at 1:01 PM

    Will this EAD allow the H4's to open up their own business or buy another business?

    ReplyDelete
  8. AnonymousFebruary 24, 2015 at 1:21 PM

    So, based on the new approved rule, if a person currently on H-4 gets an EAD card (Primary H-1B's I-140 approved but priority date not current) how can he/she travel? Do they have to apply to for AP separately?

    ReplyDelete
    Replies
    1. James W. AustinFebruary 24, 2015 at 4:37 PM

      An H4 EAD will normally have an expiration date that matches the expiration of H4 status. The EAD does not change any of the rules on H4s traveling outside of the U.S. A valid H-4 visa will be required to return.

      Delete
  9. AnonymousFebruary 24, 2015 at 4:00 PM

    What happen if someone H1B going to expire in January 2016? so their H4 spouse need to again renew EAD with H1B extension?

    Or

    Always you get 3 year of valid EAD?

    ReplyDelete
  10. James W. AustinFebruary 24, 2015 at 10:55 PM

    The EAD will be for no longer than your current H-4 status. IF H-4 status ends January 2016, and you apply for an EAD May 26 2015, the card you get will expire on the same day your H-4 status expires. So, yes, you would need to apply for an EAD again when you file to extend your H-1B/H-4 status.

    ReplyDelete
  11. AnonymousFebruary 24, 2015 at 11:00 PM

    Is H4 EAD good to do residency (medicine) program which takes about 3 years?

    ReplyDelete
  12. James W. AustinFebruary 25, 2015 at 3:29 PM

    Interesting question. The EAD will cover the employment aspect, but your status may be limited by the rules and requirements of the program. Attorneys George Newman and Sylvia Titgemeyer in St. Louis are excellent resources for questions merging immigration and physicians.

    ReplyDelete
  13. RamyaFebruary 25, 2015 at 9:31 PM

    This is ramya.I have a query on new EAD rule. Can u clarify ?
    My husband's green card Perm has been pending with DOL for 1+ year.We are now in our 5th year of H1.And my husband's employer has requested for H1 extension.As his Perm is more than 1 year, his employer has requested for 3 years of H1 extension . That is 2 years (for h1 max out) plus 1 year under AC21 act.Now if he gets his extension for 3 years, shall I apply for EAD as he is getting H1 extension with reference to AC21 act.Please provide your comments.

    ReplyDelete
    Replies
    1. James W. AustinFebruary 26, 2015 at 7:26 AM

      Hi Rayma - that is the exact issue I discussed in the later post: "H-4 EAD Rule -- Some Answers!"
      http://austinferguson.blogspot.com/2015/02/h-4-ead-rule-some-answers.html

      The rule is not clear if you are only eligible for an H-4 EAD during the last year of the extension, or for the entire three years. The government may say only the last year, but for now we have to wait for clarification.

      Delete
  14. James W. AustinFebruary 26, 2015 at 7:28 AM

    EVERYONE- I have closed this post for comments, but I will take a few more questions today only under the post,

    "H-4 EAD Rule -- Some Answers!"

    ReplyDelete

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