H4 EAD News Mar 2020 – OMB Revoke Pending – Coronavirus?

H4 EAD news update today- DHS vs SaveJobsUSA Federal court case result. OMB review is pending for H4 EAD revoke rule - Coronavirus will amek it low priority.

Written by Anil Gupta
  By Anil Gupta          Updated  1 Apr, 20 #USA news

200        

Update Apr 1, 2020 – H4 EAD news update today: There is no news about OMB process at this time. With Coronvirus shutting down US economy and several government office and court closures, we do not expect OMB to publish anything in the next 3 months either.

ImmigrationVoice is trying to add H4 EAD automatic 1 year extension in house version of stimulus bill 2020 to help workers who can’t get EAD renewal within time.

There is no need to worry even if OMB publishes renovation rule anytime soon.

Note that EAD revocation can still take more than a year to finally implement and it has high chances of being blocked by lawsuit. I do not think that DHS will revoke it in the election year anyway.

SaveJobsUSA Court Case Result – Who Won?

Federal court gave their judgement on Nov 8, 2019 in SaveJobsUSA vs DHS case.

I have shared my analysis as to who won the court case – SaveJobsUSA or DHS? The bottom line is that Federal court has not stopped H4 EAD. They have just referred it back to lower court for trial again.

Note that DHS is still working on H4 EAD revocation rules. This result of this court case is only a temporary relief. Saving H4EAD will still need a separate lawsuit if DHS publishes revoke rules in Spring 2020.

March 2020 Is New OMB Publish Date

Earlier on Sep 16, DHS had told court that earliest possible date that H4 EAD revoke may be published is Spring 2020, which is probably sometime in March 2020.

Can H4 EAD be approved while OMB review is pending?

You can apply for new H4-EAD and H4-EAD renewals at this time. USCIS is actively approving H4-EAD applications.

Is DHS still working on revocation after SaveJobsUSA court case decision?

DHS is still working on the H4 EAD removal and the rule is currently pending for OMB approval.
This is a separate process and DHS initiated it themselves due to Trump administration policies.

The federal court judgement does not affect this process and H4 EAD termination is still on the cards.

Will H4 EAD be valid after DHS revoke rule publication?

Existing H4 EAD cards will remain valid after revocation. DHS is expected to stop the issuance of new cards and renewals.

Can H4 EAD be saved with Lawsuit?

Yes, a lawsuit is expected as and when DHS publishes their H4 EAD revoke rules.

A lawsuit will definitely extend the available time and the final judgements would define as to what happens with H1B dependent work permits.

Is the SaveJobsUSA vs DHS Federal Court Case over?

Federal court has sent the case back to lower court after it gave decision for SaveJobsUSA vs DHS case on Nov 8, 2019.

The lower court will now hear the case and decide whether DHS has any authority to issue H4 EAD work permits or not.

SaveJobsUSA has challenged that only congress can give EAD work authorization and not DHS.

When Can I apply for H4 EAD renewal?

You can apply 180 days before your current H4 EAD card expiry. USCIS is giving full 3 year validity.

H4 EAD Protection Act

H4 Employment Protection Act was re-introduced by California Congress woman (Eshoo, Lofgren) in 116th congress in May last week. The chances of saving H4EAD with this law are very low at this time as compared to high probability of success with H4 EAD revoke lawsuit.

OMB May Not Approve H4EAD Revoke Rule

John Miano from Center for Immigration Studies has the opinion that OMB may not approve H4EAD revoke rule.

Miano says that ‘Deep State’ (business lobby with government without explicitly showing it to public) will not let the H4 EAD go away. He has argued that DACA EAD was not defended by DHS in court with good arguments when they had the intentions of revoking it either. The same behavior has been shown by DHS in SaveJobsUSA federal court case.

John Miano believes that the text of H4 EAD revoke rule has been drafted in such a way that it is unlikely to survive a legal challenge.

My opinion and attorney analysis on why H4 EAD revoke may be blocked by lawsuit even if passed by DHS and OMB.

ImmigrationVoice Appeal Favors H4-EAD

ImmigrationVoice presented good defense in support of H4 EAD rule on April 8, 2019 in federal court

  • H4EAD does not affect American workers
  • DHS had full authority to give H4 work authorization as per law
  • H4 EAD add to federal and state taxes
  • H4 EAD is important for H1B families to help them economically sustain in USA

DHS says H4 EAD not affecting US workers

DHS informed Federal court on Apr 1, 2019 that H4 EAD program does not affect job competition in US job market based on their economic analysis.

The acceptance that H4 EAD does not affect American jobs is a win for H1B spouses along with a big blow to SaveJobsUSA’s case. It might be a hint that DHS may have something good for H4 EAD in their kitty. Only time will tell.

EAD Revoke Rule details

H4EAD revoke rules will be available as and when OMB publishes them for public comments. DHS submitted the revoke rules to OMB for review on Feb 20.

DHS is actively working on making rules on removing H-4 Dependent Spouses from the class C(26) of Aliens Eligible for Employment Authorization (EAD).

Marked as ‘Economical Impact and Significant’ rule, DHS has the legal obligation of giving only 30 days for public comments instead of longer 60 or 90 days!

H4-EAD Withdrawal Survey – 14k responses

The survey’s 14K responses reveal that H1b skilled people are getting ready to get Canada or Australia PR.

Will H1B family move to Canada if H4 EAD is withdraw
Will H1B family move to Canada if H4 EAD is withdraw

Find the mood of H1B, H4EAD community. Google account required to fill survey.
Open H4 EAD withdrawal survey in a new window.


Open link in new window.

H4 EAD News Timeline

  1. Sep 26, 2018 – U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) letter to USCISUSCIS reply (on last page) – Oct 16, 2018.
  2. Aug 23, 2018 – Business Roundtable letter supporting H4 EAD signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.
  3. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  4. May 16, 2018 – 130 bipartisan congress members signed letter of support.



Recent discussion on forum

  1. Vamsi_Krishna_Maring
    Vamsi_Krishna_Maring

    With the confusion around H4 EAD, is it advisable to apply for H4 EAD. I got my I140 approved last week and planning to apply for EAD.

    Please let me know your thoughts


  2. Anil.Gupta
    Anil.Gupta

    Hi @Vamsi_Krishna_Maring

    Do not worry about the H4 EAD news at this time. Nothing is final and this drama is going on for last 2 years.

    I strongly advise to apply for H4 EAD if you are eligible.


  3. divya_nathan
    divya_nathan

    Hi Anil,
    I am currently on an H1B valid till Dec 2019. Since my employer has decided not to go ahead with my PERM filing, I plan to go to India for an H4 stamping in Aug once my husband’s I140 is ready. Do you think it is still a viable option for me to apply for an EAD sometime in Sept 2019?
    Please advise.


  4. Anil.Gupta
    Anil.Gupta

    Hi @svkishore1988

    You can apply both H4 and H4 EAD once your i140 is approved.

    H4 EAD needs H4 status.


  5. kalai
    kalai

    Hi Anil,

    My spouse got his I-140. Can I apply for H4 EAD at this time or I should wait to see what will happen to the H4 EAD decision? The Revoke rule affect the chances of H4 EAD approval and in case if gets approved, will they revoke the H4 EAD as soon as the rule is passed? Please advise.

    Thanks


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  200 Useful Questions & Answers

  1. Anonymous
    Anonymous 21 May, 19 at 5:45 pm

    Hi Anil,
    I got H4 ead until 2022. If Husbands H1b is applying H1b transfer to different company. Is h4 ead need to apply transfer? Or can work on existing h4 ead.


    • Anil Gupta
      Anil Gupta 21 May, 19 at 7:17 pm

      No need to file H4 EAD with H1B Transfer. You can keep using the current H4 EAD as long as its valid.


  2. Smita
    Smita 21 May, 19 at 12:43 pm

    Hi Anil,
    I am filing for H4 status and I am the primary beneficiary of my approved I-140 in EB1A category. My husband has 3 years approved H1B status. Am I eligible for getting H4 EAD?


    • Anil Gupta
      Anil Gupta 21 May, 19 at 12:57 pm

      No, you are not eligible for H4 EAD if i140 for your spouse is not approved. Your own i140 can help your spouse to get H4 EAD but not you.


      • Smita
        Smita 21 May, 19 at 2:00 pm

        Thank you for your response.


  3. isa
    isa 21 May, 19 at 11:43 am

    HI Anil,

    I m in H4 EAD now and my i m selected in h1b lottery this year through my employer. Now If I want to stay in H4 EAD, what should i do ?


    • Anil Gupta
      Anil Gupta 21 May, 19 at 12:02 pm

      How has your H1B been filed? Change of status or consular processing?
      You should have chosen ‘Consular processing’ to keep your H4 EAD intact and taken action at the time of filing.


  4. Anamika
    Anamika 20 May, 19 at 6:12 pm

    Hi Anil,
    I am currently on H4 EAD and the extension is in process. Meanwhile my employer is going to file an H1 COS. What happens if the H4 is approved after H1 COS?


    • Anil Gupta
      Anil Gupta 21 May, 19 at 5:26 am

      You can withdraw H4 extension application once H1B is approved.


      • Anamika
        Anamika 21 May, 19 at 11:43 am

        Hi Anil,
        Thanks for your response. Even if the H4 is approved will I be in H1 status. Because H4 was normal and there was no change of status?


        • Anil Gupta
          Anil Gupta 21 May, 19 at 12:02 pm

          I don’t think so. If your H4 extension is approved, you will get a new i94 with status as H4 which will automatically change your status from (H1B to H4) if H1B was already approved.

          Ideally, USCIS should know that you are on H1B at the time of working on H4 and should deny H4 extension. But, if that does not happen, your status will change.


  5. Karthik
    Karthik 18 May, 19 at 12:36 pm

    If you read the updates you would think H4 EAD reovking will have zero percentage chance. I don’t think that is the case. Many people plan many decisions based on this ruling. They may delay things based on your “updates”. Make sure you have disclaimer.


    • Anil Gupta
      Anil Gupta 18 May, 19 at 12:56 pm

      Thanks for your suggestion.
      My opinion is that everyone who is in USA on a work permit is expected to have some level of understanding of how law works and they should be able to understand the meaning of updates.


  6. uma lakshmanan
    uma lakshmanan 15 May, 19 at 5:00 pm

    Hi Anil, With the new biometrics rule introduced for those who are renewing H4 EAD visa what is the wait time? I hear there has been delay in the processing time but will it exceed 6 months? Since we can only apply for renewal 180 days before expiry. Just wanted to know since many are worried if they will have a lapse in their job or will have to quit and re-join?


    • Anil Gupta
      Anil Gupta 15 May, 19 at 6:09 pm

      Your question about H4 EAD processing time after biometrics has been added to our forum as it is out of scope of this page.

      This question will be deleted from this page in 1 day.


  7. Ravi
    Ravi 8 May, 19 at 11:41 am

    So final rule has been proposed without any public comments and other . Is this possible?


    • dulay
      dulay 8 May, 19 at 3:11 pm

      Seem like so, we need a lawsuit asap. John Miano represents Savejobs USA, so don’t take any of his words seriously, he wants H4 EAD to go away more than anyone.


      • Anil Gupta
        Anil Gupta 8 May, 19 at 4:14 pm

        I do not think that final rule has been made without public comments. I would wait for the meeting details before reaching any conclusion.


  8. Ravi
    Ravi 7 May, 19 at 7:25 am

    Is there a chance DHS can publish final rule after bypass all other steps like public comments etc. ? do you think thats gonna happen and delay for this OMB review.?


    • Anil Gupta
      Anil Gupta 7 May, 19 at 7:26 am

      If DHS had to by pass all rules, they would have published the revoke rules a year ago. They are following rule making process and that’s the reason it is taking time.


  9. dulay
    dulay 2 May, 19 at 4:33 pm

    Seems like you sir are spreading a rumor of “DHS is not revoking H4 EAD“ now. I don’t think H4 EAD is anything close to DACA. DACA is real political wager, no one cares about H4 EAD except the holders.


    • Anil Gupta
      Anil Gupta 2 May, 19 at 5:02 pm

      Not sure if you read the article before making a statement.

      I have clearly written that center of immigration thinks and have linked their article.

      Please read before making any allegations.


  10. Saurabh
    Saurabh 2 May, 19 at 3:59 pm

    Hello Sir,
    My wife is planning to come to US for the first time at the end of this month, post which we are going to file her EAD as soon as she is in the country (I have all the filing documents ready). Do you see any risk from timeline perspective? Will I have enough time to file her H4 EAD ?

    Thanks in advance.


    • Anil Gupta
      Anil Gupta 2 May, 19 at 4:53 pm

      Don’t worry. You have enough time to file and get H4 EAD approved.


  11. unknown
    unknown 3 Apr, 19 at 9:24 am

    Hi Anil,

    On one hand DHS says that H4 EAD does not impact American workers in a report filed yesterday, April 2. It requests the federal court to dismiss the case vs save jobs USA. On the other hand, DHS has submitted H4 EAD revoke rules to OMB. How is this possible? If its not impacting American jobs, why would they want to revoke? It’s confusing. Any thoughts will be appreciated.

    Thanks!


    • Anil Gupta
      Anil Gupta 3 Apr, 19 at 12:29 pm

      I think they just want to get rid of lawsuit.
      The H4 EAD removal decision is politically motivated by Trump administration.


      • unknown
        unknown 3 Apr, 19 at 12:49 pm

        But their statement saying “H4 EAD does not affect US workers” can be used against them if someone files a lawsuit to save H4 EAD or during public comments window after the revoke rules are published?
        Sorry to bother you, but I’m just trying to understand if this positive statement by DHS in anyway can help in saving H4 EAD


        • Anil Gupta
          Anil Gupta 3 Apr, 19 at 1:12 pm

          This is a positive news for H4 EAD holders as this shows that DHS and government may not find it easy to remove H4 EAD.

          At this time, DHS’s only argument to revoke H4 EAD is that H4 EAD should have been given by congress law and not by an executive order.


          • unknown
            unknown 3 Apr, 19 at 1:12 pm

            Got it.. Thanks for the quick response..
            Some breather for all of us I guess.


          • Amit Trivedi
            Amit Trivedi 10 Apr, 19 at 3:39 pm

            It is an irony as per my knowledge, the Buy American Hire American under which pretext the H4 EAD is being rescinded is itself an EO?


  12. Yadd
    Yadd 3 Apr, 19 at 7:56 am

    Anil, I think economically significant means it’s not that they have to finish OMB review in 30 days. Please see the below. Source

    Q. What does it mean when a regulation is determined to be “economically significant?”

    A. These regulatory actions are a subset of those designated by OIRA as significant. A regulatory action is determined to be “economically significant” if OIRA determines that it is likely to have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. For all “economically significant” regulations, the Executive Order directs agencies to provide (among other things) a more detailed assessment of the likely benefits and costs of the regulatory action, including a quantification of those effects, as well as a similar analysis of potentially effective and reasonably feasible alternatives.


    • Anil Gupta
      Anil Gupta 3 Apr, 19 at 8:36 am

      Thanks for sharing. I will check it soon.


  13. XXYY
    XXYY 2 Apr, 19 at 3:40 pm

    Hi Anil,

    Do you think that DHS trying to get case dismissed is a good thing? Because they are anyway going ahead with OMB review for proposed rules right. So how can anyone stop them from publishing the rules if there is no lawsuit.

    Regards,


    • Anil Gupta
      Anil Gupta 2 Apr, 19 at 4:13 pm

      I have shared my analysis above.


  14. Abhijeet
    Abhijeet 27 Mar, 19 at 2:09 pm

    Hi Anil,
    I know its too early to tell, Can any Lawsuit delay or stop H4 EAD removal?
    Is there any remote possibility of it?


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 4:06 pm

      Depends on the court and the judge. Chances are high that it will be blocked by lawsuit.


      • KR
        KR 27 Mar, 19 at 6:09 pm

        Do you know at what stage in this Revoke Process we will start seeing any lawsuits? is it because they are waiting for the rule to published before filing any law suits??


        • Anil Gupta
          Anil Gupta 27 Mar, 19 at 7:40 pm

          Yes, people and attorneys are waiting for the rules to come out.
          Once they know what DHS plans to do, then they will prepare their case and argument and then file lawsuit.


  15. Raj
    Raj 26 Mar, 19 at 12:31 pm

    Hi Anil,
    My wife’s H4 EAD extension was filed in Jan 2019, we got an RFE in Mar 2019 and we have responded also. Will it take 90 days from the RFE responded date to receive approval?

    thanks
    Raj


  16. Sid Kapoor
    Sid Kapoor 19 Mar, 19 at 1:59 pm

    At what points in the process can chances arise that the H-4 EAD revoke rule will not be enacted and the H-4 EAD practice will remain valid?
    I guess what I am asking is, is there anyone/anything that can happen which can stop the H-4 from going away or is hope, for the most part, lost already?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:20 pm

      A lawsuit in court may stop it.


  17. Anonymous
    Anonymous 19 Mar, 19 at 8:21 am

    Here is another report supporting H4 EAD: This is from the Cato report titled “Hurting Americans in Order to Hurt Foreigners” by BY IKE BRANNON AND M. KEVIN MCGEE. This is sub-titled “Benefit–cost analysis challenges the Trump administration’s effort to end the H-4 EAD program.”

    “Employed EAD holders typically have held an EAD for two
    years and earn about $77,000 a year—an income that is above
    the U.S. median salary. Some 66% of them work in a STEM field,
    mostly in computer-related, engineering, or math or statistics
    jobs, earning on average about $83,000 annually. Some common
    self-reported job titles in our survey include systems engineers,
    software developers, automation engineers, quality assurance
    analysts, and data analysts—all jobs that U.S. employers have
    trouble filling.
    Another 16% of respondents report working in the Business,
    Finance, or Management fields: this group typically reports holding occupations such as project managers or product managers
    and average about $73,000 annually.
    An additional 8% of employed respondents report working in
    the Healthcare Practitioner or Healthcare Support fields, in such
    occupations as physician, dentist, pharmacist, nurse, physical
    therapist, and healthcare business analyst. Once again, these are
    areas of high economic value, reflecting the high level of education
    and training among these H-4 visa holders. The average earnings
    of this group is about $76,000 a year.”

    “Our estimates show that rescinding the EAD program
    for H-4 visa holders would reduce federal and state tax
    revenue and U.S. economic activity without creating
    any jobs on net for domestic workers.”

    “We received responses from 4,708 individuals currently holding H-4 visas, 90% of whom were female. Not surprisingly, our
    sample was highly educated. Recall that H-4 visa holders are
    spouses of H-1B visa holders, who are foreign workers in specialty
    occupations. H-1B recipients overwhelmingly have college degrees
    in science, technology, engineering, and mathematical (STEM)
    disciplines and are employed in occupations like engineering,
    computer science, bio-sciences, and other high-tech areas.
    Their spouses, H-4 visa holders, tend to have similar educational backgrounds. Less than 1% of our sample had less than a
    college degree, and nearly 60% had a master’s degree, doctorate,
    or other professional or postgraduate degree. Some 83% of our
    respondents currently hold EADs; 75% of those EAD holders are
    currently employed in the United States, and almost 7% of them
    report being self-employed”


  18. Akshata
    Akshata 18 Mar, 19 at 12:22 pm

    Hi Anil,

    My H4 EAD got approved for the future date ie 25th April 2019. I am currently on H1 and would like to move to H4 EAD. I had applied H1 TO H4 COS along with my husban’d H1 extension and it got approved. I got approval for 3 years for H4 EAD. Is it likely that they will allow people on H4 EAD to work till their expiry date?


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 1:00 pm

      The chances are high that DHS will allow current H4 EADs to work through their expiry date.


      • Akshata
        Akshata 18 Mar, 19 at 2:45 pm

        Thanks Anil Here is my situation: Applied for H1 to H4 COS. My H1 B extension is pending but however i would like to continue on EAD. COS got approved with the future date 25th April 2019.I am currently working on H1 and will move to EAD after 24th April. I would like to travel to India.Is it possible to travel to India in March end and get it stamped as H4 and return after April 25th and continue working on H4 EAD. Is this possible? Do we have to withdraw my H1B extension which is going on before travelling to India?

        Which option would you recommend?

        1) Travel to India in March end and come back after April 25th? Are there any implications if my H1 extension is pending?
        2) Travel to India after April 25th and get it stamped as H4?


  19. Medidi
    Medidi 12 Mar, 19 at 2:31 pm

    Do you think When we will hear officially whether H4 EAD can work until expiry date


    • Anil Gupta
      Anil Gupta 12 Mar, 19 at 4:04 pm

      When the OMB publishes rules for public comments. We all are waiting for it.


  20. LNDASA JPS
    LNDASA JPS 8 Mar, 19 at 11:24 am

    I have applied for H4 EAD extension on December 21 2018. Have received a receipt. But the USCIS website doesn’t show any status for case inquiry. Is there a chance a judgement will be made before H4 EAD is no longer available. At the minimum will there be a refund if not processed. Thanks


    • Anil Gupta
      Anil Gupta 8 Mar, 19 at 11:24 am

      Do not worry. You will get your H4 EAD approval before the EAD is finally removed.

      The current removal process is only at review stage. It can take anywhere between 4 months to 1 year to finally remove it.
      Until it is finally removed, you can apply for H4 EAD and get approvals.


  21. Rohit Kumar
    Rohit Kumar 6 Mar, 19 at 12:34 pm

    Hello Anil,
    Does H4 EAD extension validity period depends on I140 Dates or I797 date?


    • Anil Gupta
      Anil Gupta 6 Mar, 19 at 1:42 pm

      H4 EAD validity date depends on primary H1B i797 validity date.


  22. R4J
    R4J 5 Mar, 19 at 6:10 pm

    Hi Anil,
    I have two questions.
    1. My EAD expires in the next two months, so if I apply for a renewal will USCIS consider the outcome of OMB review for approving the EAD or is it the final date that the rule is published be considered?
    2. Prior to starting my work on EAD, I took a break for a year. Now, my question I have an approved 140 with my previous employer. Can a H1 COS be applied based on that by my current employer?
    Thanks


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 8:41 pm

      You can apply H4 EAD at this time as the rule will be final only when it is finally published in Federal register. The H4 EAD termination rule is currently at OMB review stage.

      You can file H1B COS application with your approved i140.


      • R4J
        R4J 6 Mar, 19 at 12:43 am

        Thanks for your response Anil. One more question on H4 EAD, will the finalization of the rescind rules impact the expiry date of the EAD validity or will they give it until the 797 expiry date?


        • Anil Gupta
          Anil Gupta 6 Mar, 19 at 9:26 am

          At this time, USCIS will give full validity for H4EAD as per the H1B i797 validity.


  23. Sho
    Sho 4 Mar, 19 at 1:14 pm

    Hello Anil
    My H1B, H4 and H4 EAD all are expiring on Sep 28th 2019. My Spouse employer Predate LCA and is filing H1B Extension next week that will save me to go for Biometric. My question is for H4 EAD.
    Can I file H4 EAD along with H1B and H4 Extension in same packet about 195 days prior to Expiration ?
    I know I can file H1 and H4 together in premium and then apply for EAD later but I am just worried if I dont file H4 EAD in Premium and H4 EAD cancellation rule gets passed before my EAD got approved I’ll loose my job as My Employer is not ready to file H1.

    Thanks


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 1:34 pm

      USCIS is accepting H4 EAD renewal even before 180 days of its expiry if it is filed concurrently with H1B and H4 extension.
      There is no written rule from USCIS about it but people have filed and have got approvals for H4 EAD too.


      • Sho
        Sho 4 Mar, 19 at 2:19 pm

        Would you recommend to file EAD concurrently (more than 180 days of Expiration) or file H4 EAD separately in next 15 -20 days after getting H1B Extension approval ?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 3:04 pm

          File it concurrently if you are filing H1B and H4 extension at this time.


          • Sho
            Sho 5 Mar, 19 at 9:51 am

            Hi Anil –
            I have one more question. Since USCIS Extend the date for old I539 to Mar 21st. is it beneficial to file my H1B, H4 and H4-EAD closer to that date or it does not matter since my application will reach uscis before 180 days of expiry. My Employer wants to file it asap with other applicants,
            I read online that USCIS do not process the H4 EAD until H4 is Approved. So is there any possibility that if my application reach USCIS on MAr 21st and they take around 10 days to process my H1 and H4 and then pick H4 EAD I rach 180 days mark.
            can you please provide me your suggestion should I file it now or wait couple weeks and send it Mar 20th.
            I really appreciate all your help.
            Thanks


            • Anil Gupta
              Anil Gupta 5 Mar, 19 at 10:16 am

              You cannot plan for 180 day mark the way you are thinking.

              USCIS will process your H1B, H4 and H4 EAD if you file them together even before 180 days of H4 EAD expiry. We have seen approvals.


    • fastcz5
      fastcz5 4 Mar, 19 at 2:53 pm

      What is Predate LCA? I always thought that H1B extension can only be applied 6 months before expiration? I am in same boat as you (same dates), and want to know if this is an option.


      • Sho
        Sho 4 Mar, 19 at 3:27 pm

        Employer can request duration of stay little earlier so my employer requested the dates in Aug 2019 as start date in My LCA that makes my case to be within 180 day timeline.


        • fastcz5
          fastcz5 5 Mar, 19 at 3:56 pm

          Thanks for the explanation. I will check with my Employer, if they are willing to do so.


  24. Wei
    Wei 1 Mar, 19 at 11:32 am

    Hi, Anil,
    I am filing my H1B extension and my wife’s H4 EAD application will be filed in the same package. But my department has to post my LCA Posting for 10 business days. Based on your experience, do you think if we have enough time to file my wife’s H4 EAD application? Currently, the comment period is open and it has only 30 days. After the comment period, what will be the next step? Thanks


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 5:18 pm

      H4 EAD revoke rules comment period has NOT started yet. The rules are still under review by OMB and they will inform general public as and when the rules are published for public comments.

      You should go ahead and apply for H4EAD with no worries at this time.


  25. Harry
    Harry 28 Feb, 19 at 9:45 pm

    Hi Anil, My wife is thinking to apply for H4 EAD now since we have valid extension till 2021, Is it worth spending time and money now or there are higher chances of getting denied because we are applying too late.


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 9:50 am

      At this time, the H4 EAd is still available and my suggestion is to file it and get it if you can.


  26. Evelyn
    Evelyn 28 Feb, 19 at 1:02 pm

    Hi Anil,
    When you say “existing active EADs”, do you mean H4 EAD holders need to maintain employment status to keep the EAD active?

    Thanks,


    • Anil Gupta
      Anil Gupta 28 Feb, 19 at 4:26 pm

      I just mean that existing H4 EAD cards that have been issued by DHS will probably be allowed to remain until they expire.
      Their are no conditions attached with EADs on whether to work or not work.


  27. css
    css 26 Feb, 19 at 10:38 am

    I am amused to read many comments regarding constitutionality of the H4 EAD. I mean there was no H4 EAD prior to 2014 and it was NOT passed by Congress as a law. While I oppose repealing the H4 EAD, but not for the same reasons as many here, I oppose repealing because of DACA. I want DACA to become legal and in the same token H4 EAD should continue, since both were authorized by President Obama and not by Congress. If H4 EAD is withdrawn, I doubt it can be overturned legally as it affects primarily spouses from India and some extent China.


  28. KIRAN
    KIRAN 25 Feb, 19 at 4:32 pm

    Thanks Anil! Also, any idea on whether the H4 EAD Revoke rule(Once it is passed) applies to existing H4 EAD’s or only the new Extensions/Applications?


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 4:33 pm

      Nothing is known yet. But, chances are high that existing H4 EADs will be allowed to complete their validity period.


  29. Akhil
    Akhil 25 Feb, 19 at 4:18 pm

    Hi Anil, Since there is huge number(Indians) opposing removal of this rule, and all of them put a comment to not remove H4EAD, Do you think DHS will reconsider? If yes, Do you know of any such incident from past?


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 4:32 pm

      DHS knows it pretty well that almost 90% of the affected people are Indians as those are the ones waiting for GC dates to current.
      Everybody else is getting GC faster than Indians.

      So, the chances and hopes are low that DHS would really change their mind after reading the comments.
      My personal opinion is that it is more of a political issue than a DHS decision. H1B and H4s and not immediate vote banks and hence they want to capitalize on the anti-immigrant perception of the real voters.


  30. Deep Sach
    Deep Sach 25 Feb, 19 at 3:08 pm

    Hi Anil,

    My wife who is on H4 EAD have been running business for 6 months and we have invested quite a lot into it. What if this is revoked then how should we go about the business, can we still be able to operate it. Any advice.


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 3:37 pm

      Your wife cannot work in the business legally if she loses her H4 EAD work permit. That’s the problem that this sudden U turn is going for many H4 EAd workers.
      I hope a lawsuit stops this decision.


  31. Kunal Kulkarni
    Kunal Kulkarni 24 Feb, 19 at 6:12 pm

    Hi Anil, Thanks for your service by answering questions.
    When H4 EAD is filed for my Wife, will the validity period of her H4 EAD depend on my (Spouse) Passport validity? My current passport expires Feb/2020.


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 8:21 pm

      Spouse Passport expiry does not affect H4 EAD validity date. Primary H1B’s approval validity date is given for H4 EAD expiry.


  32. Rakesh
    Rakesh 23 Feb, 19 at 8:24 pm

    Hi Anil,
    Can you please suggest any form how to oppose H4 EAD rules. I strongly believe this constitutional illegal and every US citizen must oppose it.


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 12:10 am

      Everybody in the general public will get a chance to share their views and comments once OMB publishes the rules for ‘Public comments’. You can share your views at that time.


      • livin
        livin 24 Feb, 19 at 8:37 pm

        Hi Anil, Can you point out if if the comments are in any way binding in the process? In the case of Overwhelming support for the status quo, can the DHS still go ahead with the revoking and can the case be filed in that case based on DHS going against majority opinion?


        • Anil Gupta
          Anil Gupta 24 Feb, 19 at 8:51 pm

          There is no binding on DHS. Comments are for giving an opportunity for general public to share their opinion. As per past experiences, DHS does consider all comments seriously and they do change or modify their published rules based on comments.

          But, the final decision on what rules to keep and what to leave stay with government agency.


  33. Tarun Arora
    Tarun Arora 22 Feb, 19 at 11:41 pm

    Hi Anil

    1)Fastest Date you have given for the rule to be published is 10th May 2019 .
    Does that mean USCIS will accept the applications prior to this date ? Lets say if somebody files application on 1st May 2019 .What will be the chances of getting EAD in this case ? Assuming it will take 1-2 days for courier service to deliver .

    2)If Lawsuit gets filed against DHS and result doesn’t comes out for some amount of time, During that time when case is pending in court .Will USCIS continue to give out EAD ?


    • Anil Gupta
      Anil Gupta 23 Feb, 19 at 5:28 am

      The rules of revocation are not known at this time and hence nothing can be said with surety.
      A lawsuit may be filed and it may block the rule too. You never know.


  34. Akhil Ramakrishnan
    Akhil Ramakrishnan 22 Feb, 19 at 4:58 pm

    Hi Anil, will H1 & H4 holders get a chance to provide feedback once the rules are posted to the public for comments or is this something only citizens can do? If we can comment, where do we do it?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 5:42 pm

      Anybody can provide feedback including citizens and non-citizens. I am expecting thousands of comments as there are more than 100k H4 EAD holders and majority of them are from India.


  35. hjh
    hjh 22 Feb, 19 at 11:34 am

    What is going to happen to Immigration voice’s law suit


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 3:28 pm

      The lawsuit may carry on in parallel. If DHS finally revokes H4 EAD, then the current court case will be nullified.
      I am pretty sure someone will file a lawsuit against DHS decision too.


      • SK
        SK 22 Feb, 19 at 3:43 pm

        Any idea when Immigration Voice has their next hearing in court?


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 5:42 pm

          I don’t have the date at the top of my head but it is most probably Mar 16, 2019. Date may be wrong though. Getting older and losing my memory fast!


  36. Preeya Surendran
    Preeya Surendran 22 Feb, 19 at 10:52 am

    At this point what will happen to the pending H4 EAD renewal – it has been more than 3 months – I have been holding job offer also..


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 3:28 pm

      Your pending H4 EAD application can still be approved as the DHS has not published the final H4 EAD revoke yet in federal register. It can take 6 months to year for the final rules to come out.

      Don’t worry.


  37. MK
    MK 21 Feb, 19 at 6:46 pm

    My Wife was on H1B and moved to H4 EAD. Does it makes sense to wait till EAD expiry and then apply for H1B visa status change in this scenario ?


    • Mk
      Mk 21 Feb, 19 at 6:46 pm

      @spot_anil_gupta:disqus What do you think is the best case in this scenario ?


      • Anil Gupta
        Anil Gupta 21 Feb, 19 at 9:00 pm

        I think you can keep using H4 EAD for now. But, whenever you get a chance, it would be better to move to H1B as that would be a safe option keeping in mind that DHS can remove H4 EAD anytime.


  38. Sri
    Sri 21 Feb, 19 at 6:09 pm

    My H4 EAD got approved till 2022. Can I still work on EAD though DHS finalized revoking rule in next 6 months? Does it impact already issued ones also?


    • Sunlight
      Sunlight 21 Feb, 19 at 7:36 pm

      Of course you can work in next 6 months, they didn’t make final decision yet.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 9:00 pm

      You can keep working as long as DHS does not publish the rule finally in federal register. Also, the expectation is that the current approved and valid H4 EADs will be allowed to use their validity period.


  39. Akshata
    Akshata 21 Feb, 19 at 5:05 pm

    Hi Anil,
    We have recently applied for h4 and ead through concurrent filing along with H1 extension. Is there any hope that EAD will get approved by USCIS after today’s rule which is published? I am hoping that they will let people work untill the expiry of H4 EAD.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 9:00 pm

      At this time, the rule is still under review. The final H4 EAD revocation will take time and till that time, your H4 EAD application can be approved.


  40. Kiran
    Kiran 21 Feb, 19 at 12:17 pm

    Hi Anil,

    My spouse has H4-Ead until Jan 2022. if I assume that H4-EAD is revoked by Aug 2019, and after that I changed my Job, which means with my H1B transfer spouse’s H4 will also be petitioned for extension. In that what will happen to my spouse’s existing H4-EAD authorization? thank you!


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 2:52 pm

      The widespread expectation is that the existing H4 EAD cards will be allowed to run through their expiry date. The new H4 EAD and renewal will be stopped though.

      That’s the expectation. The real thing will be known once OMB publishes rules for public comments.


  41. Kavimani Elango
    Kavimani Elango 21 Feb, 19 at 11:46 am

    Hi Anil – I just got my i140 apporved and planning to apply for EAD now. whether this rule submission will impact my chance of getting EAD approved?


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 2:52 pm

      At this time, the H4 EAD removal rule is at OMB review stage. It can take another year from now for it to finally be approved and implemented.
      You can apply for H4EAD at this time.


      • livin
        livin 21 Feb, 19 at 8:13 pm

        Hi Anil,

        Thank you for helping people out with this complicated stuff.

        From the timeline you posted above, even the slowest possible route to publish the rule will be completed by 15th Jan 2020. Which is 10 months from now. I am a little confused about you reply above that it will take another year from now to be approved and implemented. Is the timeline in the picture not accurate ? Which stage in the process is adding additional months to your current 1 yr estimate?


        • Anil Gupta
          Anil Gupta 21 Feb, 19 at 9:49 pm

          It is just an estimate and rule can be made at any speed. if the ‘Slow’ speed’s first date is missed or other set of assumptions for 30/60/90 days take more time than what I assumed, it can take more time.

          Also, when you say something in general, you do use generic examples like a year for a time around 10 – 12 months. Read it as a generic statement rather than absolute time period.


  42. Yuanzhang
    Yuanzhang 21 Feb, 19 at 11:31 am

    Hi Anil,

    Where could we find the submitted removal rules? Thanks!


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 2:52 pm

      The submitted draft rules are not available yet as they have been sent to OMB for review. Once they are open for public, we will share our analysis above.


  43. Nidhi Mehta
    Nidhi Mehta 21 Feb, 19 at 11:21 am

    Is there a scope of voice immigration saving it ? after it has gone to OMB


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 2:52 pm

      Well, the chances are low as DHS is not defending their own first decision of giving out H4 EAd work permits under Obama.
      Its more of political decision than anything else to fetch votes on anti-immigrant narrative.


  44. Kunal Kulkarni
    Kunal Kulkarni 15 Feb, 19 at 11:57 pm

    Based on previous rules, history and current situation, What is the predicted date when H4-EAD is removed? I know you have given fast/medium/slow dates, Which is the date it is more likely to be? Please help answer


    • Anil Gupta
      Anil Gupta 16 Feb, 19 at 8:51 am

      My estimate is the slowest dates will prevail if DHS publishes rules. DHS has already taken more than 1 year to even come out with any H4 EAD removal rules.


  45. Xian Xian
    Xian Xian 12 Feb, 19 at 4:58 pm

    Hey Anil,

    Thanks for all the research and posts that you have put out here. But have you given a thought on how this is affecting the people who are currently seeking jobs on H4 EAD. When someone does a google search on H4 EAD, first link they see is yours and when they open it, first thing they see is a heading saying H4 EAD getting revoked soon. After that you have posted a timeline on when it will be revoked. If a recruiter who is trying to recruit someone who is on H4 EAD, sees this, they are not going to hire that person even thought H4 EAD might go on for a year and there is an option to file H1B. But with this post I dont think any recruiter will try and understand other options for H4 EAD. So I think, if you can, please don’t blatantly put out a heading saying H4 EAD is going to be revoked. At least give people on H4 EAD a chance to work while they still can. (PS – I think the first link on this post should be USCIS H4 EAD page.)


  46. Manoj kumar
    Manoj kumar 9 Feb, 19 at 10:28 am

    Hi Anil,
    Wondering what does this mean “Government funding will speed up the process now”.

    Thank you


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      If you are following US news, government was partially shutdown in the month of Jan 2019. Now that government funding has been given by Congress, the DHS can function normally.
      That’s what it means.


  47. Anil Gupta
    Anil Gupta 9 Feb, 19 at 10:03 am

    No updates yet. We will update the article above as and when we hear any news.
    The DHS plan is still ON and they can publish rules anytime.


  48. dulay
    dulay 9 Feb, 19 at 10:02 am

    Does it mean Immigration Voice’s appeal actually urged DHS to remove H4-EAD?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:11 am

      No. Immigration Voice is appealing is in FAVOR of H4 EAD.
      SaveJobsUSA is fighting to remove H4 EAD and DHS is favoring them.


  49. JD S
    JD S 9 Feb, 19 at 10:01 am

    I wanted to point out that in most countries including Canada and UK (see links below), spouses of even legal temporary workers are issued open work permits which allows them to work without restrictions. Here in the US, the spouses of “just H1B” visa holder (without i-140) have no authority or right to work, remain jobless and economically dependent vulnerable to abuse, discrimination, financial burden in the society for several years. Only after H1B visa holder has an approved i-140 after 3-6 years of employment, the spouse is allowed to even obtain an EAD. Now they want to take the EAD away and these spouses will have to wait 15-20 years or even longer for their spouse’s green card before they can even think about earning money for their family.
    UK , Canada

    Not permitting a legal temporary residents to work goes against the international human rights law – ‘right to work’ which is enshrined in the Universal Declaration of Human Rights. We fully support stricter H1B rules but after being granted H1B on the basis of specialty occupation, there MUST be protection against unemployment for the legal temporary workers and their spouses.

    Save job USA’s fight is against misuse of H1B visas, and has already yielded fruit with stricter H1B regulations. There are mechanisms in place to protect US worker’s interests with LCA petition, and these rules should be made stricter if needed. Eliminating spouses of legal non-immigrants and legal immigrants (waiting for decades in line for green cards) from workforce will increase discrimination, financial stress and rates of unemployment in this country.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:10 am

      I agree, you have a valid point.


  50. Rony
    Rony 5 Feb, 19 at 2:36 pm

    Anil, your statements above sounds like you are eagerly waiting for this to get revoked!!!


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      That’s your interpretation. I am just writing about latest updates.


  51. Rakesh
    Rakesh 5 Feb, 19 at 2:36 pm

    Hi Anil,
    Thank you for putting this article. It is very helpful. Just a comment – You shouldn’t change any dates at all because the whole purpose to put 3 scenarios (Low, Medium and High) are to point out how USCIS is moving ahead. For example – Before for FAST scenario you have put Dec. 21, 2018, I don’t think you should change it to March, 2019 because than folks know that USCIS is not moving ahead with FAST scenario, they might move in medium or slow.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:27 am

      You have a valid point but that’s not how most people see it.
      Many people asked me to change the dates as USCIS or DHS misses the FAST dates. They want to see the updated dates in all 3 categories (Fast, medium and slow).

      If I could, I would give all possible scenarios but space is limited in above article.
      I appreciate your feedback.


  52. Rock
    Rock 28 Jan, 19 at 8:52 pm

    Hi Anil, Do we know if Court got the replacement brief from SAVE Jobs USA? How do we know Case progress? Thank you.


    • Anil Gupta
      Anil Gupta 28 Jan, 19 at 8:52 pm

      No update yet. We will update the article as soon as we get any update.


      • madhusudhan sala
        madhusudhan sala 9 Feb, 19 at 10:02 am

        Hi Anil, I guess the save jobs replacement brief was submitted but we need PACER login


  53. Yuanzhang
    Yuanzhang 28 Jan, 19 at 8:51 pm

    Hi Anil, I have a question about applying for H4 EAD separately versus filing H1B extension, H4 extension and EAD all together with premium processing.

    I just got an 140 approval, I am in H1B status expiring at the end of July, and my wife is in H4 status without EAD. I can file for H1B extension as early as the beginning of February, with premium processing. I know that the best option is to file all together. However, my employer is really, really slow in these processes…

    If we file a H4 EAD application separately now and then all together later, how will the pending H4 EAD application affects the H4 extension and EAD application later?

    Thank you!


  54. Sriram
    Sriram 28 Jan, 19 at 8:51 pm

    Hi Anil,

    Save Jobs USA has filed their replacement brief on Jan 16th. DHS filed a motion on Jan 18th to put a stay on the deadlines because of government shutdown but court denied it.
    What happens if DHS fails to submit their brief by Feb 16th ??


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      The court case will go on as usual. Judge will hear the arguments.


  55. H4EADSupporter
    H4EADSupporter 28 Jan, 19 at 8:51 pm

    First, thanks for the timely updated post. However, the time estimation should be seriously revised since It’s based on ungrounded speculation. Taking the fast estimation as an example, It assumes that DHS and OMB take no gap and things never get stalled. We all know that it’s IMPOSSIBLE.

    This chart now does very little things but create panic.


    • Anil Gupta
      Anil Gupta 28 Jan, 19 at 8:51 pm

      Thanks for your feedback but the estimation is not meant to create panic.
      Also, the 3 modes have been given simply on the basis of speed. Off-course, if FAST is not possible, then you can consider other slow and medium timelines.

      The name is fast because the assumption is that speed has to be fast and nothing is impossible if they really want to do it.
      USCIS and DHS are working on FAST timelines for implementing the H1B lottery change starting April 2019 and they are following the same OMB process at FAST timelines.


  56. Anil Gupta
    Anil Gupta 14 Jan, 19 at 10:05 am

    At this time, there is no news from DHS. Are you to talking about anything specific?


  57. Rag Ramini
    Rag Ramini 14 Jan, 19 at 9:47 am

    Just I said before, H4 EAD UPDATES: YEAR 2030 —– Still in process and no rule. Remove this blog.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      It’s good that they are taking time.
      Why are you after removing the blog? It’s for tracking and sharing the details of what happens.
      Keeping users informed is a good idea. Isn’t it?


  58. Rag Ramini
    Rag Ramini 14 Jan, 19 at 9:47 am

    There will be no rules. This is all a game. The court will decide against SAVEJOBS USA and every one will go home and you will close your blog.


  59. EO
    EO 14 Jan, 19 at 9:47 am

    “The court case is against DHS allowing H4 EAD to work which DHS did not contest after Trump came to power. Now, this appeal is contesting and want to argue in favor of H4 EAD. Ideally, this should have been done by DHS!” –

    So entitled you all are, to the point that you even narrate the idea that the DHS should battle in favor of H1B spouses? Get a clue, the DHS wouldn’t want to represent H4EAD holders because the department would be a public failure for having allowed it to begin with, and they know this… H1B spouses should have ZERO rights to work in the US labor market. Sorry, but the marriage certificate of a foreign national DOES NOT constitute employment in the USA. If anything, H4EAD highlights the issue that the USA isn’t getting high skilled workers but instead are granting/relying on spouses even = just to have upper management milk the back-end through shady pay-offs via contracts with IT staffing firms. Oh, and btw, H4EAD is for the spouses of H1B, which is a NON-IMMIGRANT Visa, you think a non-profit called Immigration Voice stands a chance? Then you are mistaken! The next series of events will be revocation of this H4EAD, then again increasing the minimum wage requirement further for H1B talent – this part gets exciting because watch the Indian majority dwindle and start matching with Asians while also forcing these offshore hustlers to compete the US Labor Market. Exciting times!


    • junajuna
      junajuna 14 Jan, 19 at 10:04 am

      “Get a clue”? lol you may not be aware how a court works. If someone files a case against you, it’s up to you to defend yourself. This is how the justice system works. It works based on evidence, not emotions. And if you didn’t know, the DHS defended the case not once, but Twice under previous administration and the court dismissed the case. It’s only under this administration, that DHS isn’t defending. And by the way, DHS can’t get rid of DACA (which is almost 7 TIMES in volume compared to H4EAD) without being blocked by the courts & that was merely an EO compared to H4 EAD which went through proper rulemaking. On top of that H4 EAD is a 100% LEGAL, there is not a whiff of ILLEGAL here, neither individuals, nor evidence that H4 EAD took American jobs. In a market with near full employment AFTER H4 EAD was implemented the Save Jobs USA chumps are going to have a hard time showing evidence just like before. So good luck getting past the courts blocking any ruling against H4 EAD, especially when more than 90% of the beneficiaries are women. This case is going to sit in courts for the rest of foreseeable future. And FYI, H1 and L visas are DUAL INTENT visas, i.e. they are both non-immigrant and immigrant intents – http://www.americanlaw.com/dintent.html H1B minimum wage requirement increase is excellent news, but don’t be mistaken that it will reduce any numbers. Majority of full time H1B employees at American companies make way more than market rate let alone minimum wage (go take a look at publicly available data on DOLETA website). As for outsourcers are concerned, if companies can’t get people here, they will ship the jobs there, it is happening right before our eyes, the company where I work is a good ole American company been here for 50+ years and has recently shipped A LARGE chunk (250+) of NON-IT jobs offshore and surprisingly 10 months later they seem to be super happy with the decision, cost saving, larger bottom line, trickle down baby… exciting times indeed !….. fact is, if you want to keep the jobs from leaving the country you need MORE H, L, and F visas not less.


      • EO
        EO 9 Feb, 19 at 10:02 am

        Brrrrr. Wrong, wrong, and more wrong… The DHS defending under the previous administration was an effortless measure, defending under this administration would choose not to pursue testifying or producing any stance to the argument because it would expose their false reasoning during the last administration… As for offshoring, hahaha, good luck! I’ve seen a huge data marketing fortune 500 company just recently pursue that method over the past 3 years and guess what? After all the H1b porting over to america, then transitioning the duties to offshore, they forced to sell now because the parent company is dumping them like a bad habit – their stocks are tanking and they’ve lost so much customer confidence due to the inadequate services that many offshoring personnel provide. For one, the language barrier is enough alone to frustrate the business units in the onshore sites. For seconds, they can’t seem to get requirements understood and therefore have so many back/forths scenarios before they can produce a single unit/function for release that anywhere resembles the requirement. For three, their politics/scam attitude is overshadowing any ability to instill trust from the customer and onshore sites. If you think offshoring is going to be the end-result, you’re going to be sadly mistaken when all the President needs to do is invoke powers to limit the transfer of National data to offshore tech development sites that aren’t based on consumer transaction. Data privacy laws are definitely in the works due to the public scrutiny of cyber-espionage and now the trade wars with China. Yes, you sir definitely need a few clues, so there, I just gave some to you 🙂 Exciting times indeed!


        • junajuna
          junajuna 9 Feb, 19 at 10:12 am

          Haha! you still think Data needs to be transferred offshore for the offshore teams to be able to work? lol 1980 just called and they want their chump back. And good luck with your President passing legislation that will affect big corporations. It also seems that you have experience working with crappy companies, sorry about that! next time try finding a better company to work for. Your made up realities of companies dumping resources is funny and fantastical. Big game consulting companies have their shares soaring, and their profits are soaring even more with restrictive visa policies. Companies like TCS posted record profit in Q3; net up 24% YoY, Qualcomm is hiring and upwards of 2 to 3k engineers in India and jettisoning resources from US offices, Apple’s manufacturing is moving to India, and Tesla setting up factories in China, and these are just a few big example, but your ignorance is too overcoming to see the smaller examples. Offshoring is not only limited to IT anymore, it’s happening all over the place. You can keep living in your lucid made up reality with “Fox News Blinders” on and keep hoping “the President needs to do is invoke powers to…yadda, yadda, yadda”, without being blocked. “Policies in the work”, lol the government can barely operate without temper tantrums and teenage fights and struggles to keep itself open year after year, they are doing everything except WORK. Anyways, back to the point, H4 EAD is not going anywhere, just like DACA didn’t go anywhere and neither is H, L, and F visas, or diversity lottery, or Birthright citizenship.


          • EO
            EO 9 Feb, 19 at 10:43 am

            Haha! You sound like an Obama advocate – similar to his statement to Romney about Russia, and now look how everyone is crying about Russia Russia Russia lol… So chumpy! Having a temper tantrum, in a mode of self-soothing denial are we? Your offshore world and immigrant visa solutions are falling apart and it’s just killing you! H4EAD going bye-bye! Oh poor you, how I almost feel sorry for you and your attempt to blanket yourself from the reality of change.


            • junajuna
              junajuna 10 Feb, 19 at 12:27 pm

              I see you have exhausted your talking points and resorted to tin can responses of Russia…. Obama this,…Hillary that….. Sure, they are all incompetent and you aren’t any different. And I get it, you are allergic to facts. Maybe try Breitbart or Inforwars next for some new talking points, fill that tinfoil hat with conspiracies and lies for a fresh set of internet trolling. Btw, I just outsourced a bunch of positions with a work order (and perhaps will have to do more). Have a nice weekend and don’t worry, the immigrants are not coming to get you, but your ignorance sure is. Now if you’ll excuse me, I need to go to a party.


              • EO
                EO 11 Feb, 19 at 8:13 am

                Your exhausted regurgitated statement lead to that Romney reenactment… – “1980 just called and they want their chump back” = talking point exhaustion. “Fox Blinders” = talking point exhaustion. “Breitbart or Inforwars” = talking point exhaustion. Party on, party fraud


  60. Lily
    Lily 14 Jan, 19 at 9:47 am

    Is it possible to apply for new H4 EAD now?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Yes, its available. You can apply at this time.


  61. gogo
    gogo 14 Jan, 19 at 9:47 am

    my spouse is on F1 OPT and her fresh h1 was denied recently. Her OPT last for 1.5 years more, giving her 2 more shots at fresh H1 app. My current H1 will last for 3 more years. Is it better to stay on F1 OPT and try for H1b or apply for H4 EAD in the current climate?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      For long term, it is better to not rely on H4-EAD as it can be revoked. But, it will take at-least a year from today if it is removed.
      I suggest to try to H1B in April 2019.


  62. JJ
    JJ 17 Dec, 18 at 9:58 pm

    Can you please shed a little light on how the motion to intervene will help? If DHS is going to go ahead with the repeal then wont this case be moot?


    • Anil Gupta
      Anil Gupta 17 Dec, 18 at 11:02 pm

      Federal court has decided to start case hearing again today. Till today, the case was in ‘abeyance’ meaning that court was waiting for DHS to remove H4 EAD.

      The court case is against DHS allowing H4 EAD to work which DHS did not contest after Trump came to power.

      Now, this appeal is contesting and want to argue in favor of H4 EAD. Ideally, this should have been done by DHS!

      So, if court agrees to appeal, immigration Voice may win the case and then H4 EAD removal may be put on hold. Only time will tell.


      • Raj
        Raj 18 Dec, 18 at 8:13 am

        While removal of H4-EAD in its entirety may not be right, the rules around the eligibility can be made stringent just like any other non-immigrant work petitions. I personally have seen several spouses who are not even qualified remotely to perform the type of work that their job expects them to, occupying positions which ultimately is a denial to well-qualified professionals (be it non-immigrant or immigrant or American Nationals).


        • Anil Gupta
          Anil Gupta 18 Dec, 18 at 8:29 am

          Your point is correct.
          With due respect, my point is that it is the business’s responsibility to interview the candidate before hiring them for job.
          Most of the time, if someone in-eligible to perform a job gets the job, it means that that business just needs sub-standard workers.

          This is what is market economic equilibrium. Apple or Google set their standards at the same time as well other small IT companies.
          Weed grows with grass and it is natural. It depends on the owner if he wants to keep grass clean or stay happy with weed + grass.


          • Raj
            Raj 18 Dec, 18 at 11:20 am

            I totally agree, Anil. What I am trying to make as a point here is, most of those H4-EADs work in the same place as their spouses (Primary Applicants) and I am sure you know how they circumvent the selection process to land up in job.


            • Anil Gupta
              Anil Gupta 18 Dec, 18 at 11:24 am

              🙂 That’s true! package deals!


          • EO
            EO 14 Jan, 19 at 9:47 am

            I believe the valid point that Raj is illustrating, is that H1B is for supposed high-skilled workers, whereas H4EAD is given exemption to this rule – qualified through marriage? Why should H4EAD not have to abide by the parent rules of the H1B? This is nothing but a simple loophole to bypass the H1B cap and skills criteria. A for-profit business’ responsibility first and foremost is to make as much money as possible for the stakeholders, unfortunately the staffing managers are the ones getting the big payout and becoming rich via the H1B scams, because in the end it’s the investors that are going to lose… The government’s responsibility on the other hand, is to ensure the livelihoods of the national citizens take precedence over businesses attempts to undermine regulations and unethically damage the integrity of an industry. As for the garden reference, when a person lays down a new patch of grass they don’t bring the weeds with it.


  63. SOON
    SOON 4 Dec, 18 at 10:16 pm

    Thanks for being so patient!
    BTW, I notice on the very top of the article, you notice that current EAD holders could work until expiration date. Is this for sure?
    Thanks


    • Anil Gupta
      Anil Gupta 5 Dec, 18 at 6:56 am

      Nothing can be said with surety but there are legal implications and a possible lawsuit if the existing H4EAD holder are NOT allowed to complete their approved term.
      The chances are very low that existing ones will be stopped immediately.

      That’s why, I have written that current ones will be allowed to work till their validity.


  64. MJ
    MJ 26 Nov, 18 at 6:34 pm

    What you have not taken into account in all your above timelines is that this rule is considered “major” and therefore subject to the 60-day deferral requirement under 5 U.S.C. 801, enacted by P.L. 104-121, so even if the final rule is published in say feb, it will only take effect in april.Also since its a major rule wont the exepcted comment and review period be 60 days instead of 30 days?


    • Anil Gupta
      Anil Gupta 26 Nov, 18 at 7:02 pm

      The rule is also marked as ”economically significant” which gives DHS liberty to only allow 30 days as comments period.

      Again, these are just estimations and real timeline may or may not be same.


  65. Rag Ramini
    Rag Ramini 23 Nov, 18 at 10:27 am

    H4 EAD WILL NEVER BE CANCELLED. In 2020 November, you will still be posting ‘H4 EAD removal draft rules are still NOT published as we enter last week of Nov 2020’. This is all politics just to appease some idiots who filed the case.


    • Anil Gupta
      Anil Gupta 23 Nov, 18 at 11:11 am

      I hope your prediction comes true.


  66. vikram
    vikram 20 Nov, 18 at 2:18 pm

    Hi Anil, I have applied for i-140 in premium processing , will it be still a good option to apply my h4 ead after i-140 approval because looking at the trend i see there are going to revoke H4 EAD?


    • Anil Gupta
      Anil Gupta 20 Nov, 18 at 2:25 pm

      Yes, you can apply for H4 EAD until they revoke it.
      At this time, DHS is still working on final H4 EAD removal rules and has not published anything yet.


      • vikram
        vikram 20 Nov, 18 at 2:48 pm

        Thanks you anil for the response , so any time frame as ahwn we can predict for the final rule will be published


        • Anil Gupta
          Anil Gupta 20 Nov, 18 at 4:29 pm

          I have given a rough estimation. It may or may not come true.


  67. BHakti
    BHakti 13 Nov, 18 at 2:39 pm

    Who can comment during the comment period of H4 EAD termination ? Are current H4 EAD people allowed to comment while rule making is in progress?


    • Anil Gupta
      Anil Gupta 13 Nov, 18 at 2:51 pm

      Yes, anybody from public can comment and share their story and ask for ‘Not taking away the H4 EAD work permits’.


  68. Karthik
    Karthik 31 Oct, 18 at 11:51 am

    It is one thing h4ead going away in an year. But it is another thing whether companies will be wiling to risk hiring h4 ead given that they may leave them any time. Already some companies i know don’t prefer h4 ead candidates anymore. If possible they should consider switching to h1b.


  69. Go2018
    Go2018 17 Oct, 18 at 5:36 pm

    Hi Anil! I’ve applied for H4 COS H4 EAD application this August and the current status is still case received, The lawyer says it might took 5 months to get it approved, my questions is would USCIS continuing issuing EAD since the cash the check or they’re going to reject anyway.. What’s the chance for me to get the EAD..


    • Anil Gupta
      Anil Gupta 17 Oct, 18 at 5:52 pm

      Currently, the H4EAD is still valid and will be given to you. DHS has not published any final decision yet.


  70. H4Hater
    H4Hater 5 Oct, 18 at 5:41 pm

    H4 EAD is not skill based and they use their H1 spouse’s resume and help to crack interview n apply for $20 less than others to negotiate slacked performance. Since bill rate is low, every job task is completed overnight by H1 Spouse. H4 does nothing than getting an additional Tax ID and paycheck for family….lol Stop earning two salaries for one H1. SCAM!


  71. shilpa jain
    shilpa jain 24 Sep, 18 at 10:17 am

    Hi Anil,
    I am on H4 EAD, & currently working with Gov. organisation as a full time permanent employee, They hired me because my Skillset is rare to find in west zone. I am sure that Gov. companies don’t do Visa filing( h1), I don’t wanna panic them as of now, Until I am sure of something. What all options do you see I could have..


    • Anil Gupta
      Anil Gupta 24 Sep, 18 at 12:09 pm

      Well, if you want the work authorization, then I am afraid that the only option is to convert to H1B if H4 EAD is taken away.


  72. css
    css 22 Sep, 18 at 12:22 pm

    My prediction on H4 EAD. Since DHS is taking a lot of time perhaps they are considering some H4EAD to continue. So existing EAD will continue till the renewal. New and existing EAD (on renewal) will probably be issued on a case by case basis provided they meet H1b requirements (degree, pay consistent with local area, minimum pay, etc.). I will be surprised if they revoke all existing H4EADs immediately or within a few months. However I am not sure how this can be challenged in the court as H4EAD was issued by EO and not by Congress. This is the best H4 EAD holders can hope for.


  73. Jay
    Jay 17 Sep, 18 at 2:03 pm

    Hello, What will happen if Judge says go ahead with a case?


    • Anil Gupta
      Anil Gupta 19 Sep, 18 at 11:30 am

      The result would probably be same as it is now since DHS has stopped defending the case after Obama went out of power. They were earlier fighting it out in court saying that they have the power to give H4 EADs. Now, they are themselves trying to take away the work auth. So, both SaveJobsUSA and DHS have the same purpose. Not sure what will they fight for 🙂


  74. Klinkg Klong
    Klinkg Klong 31 Aug, 18 at 7:35 pm

    H4 EAD is like green card. I cannot believe these tech guys are blatantly exploitative and trying to sound sympathetic. h4 ead will not only impact Americans also the h1b guys who have locational restrictions. H4 ead people can go anywhere work for anyone. They have much higher chances of being hired as full time employees than h1b guys. I cannot even believe how it is possible.


    • Anil Gupta
      Anil Gupta 31 Aug, 18 at 7:55 pm

      As per my opinion, anyone who is not riding the H1B boat can never understand the H4EAD’s real value.
      It is market demand and supply that drives the jobs and economy. Anyone who has skills will get hired.


      • Klinkg Klong
        Klinkg Klong 31 Aug, 18 at 10:58 pm

        My point is if Primary visa does not have EAD dependent should not have EAD also. It is a loophole. I think they want to close this one. Because in my company really talented h1b guys with far more experience do no get the opportunity to be an FTE, Someone who started working only an year back with very elementary skills has become an FTE just because the person has a H4 EAD. It is just not fair for those who are on h1b. As an FYI H1B visa holders are one of the major group that opposes h4ead precisely for this reason. With new restrictions, scrutiny companies don’t want to go through the hassle of hiring h1b employees. H4 ead is an easier option for routine jobs.


  75. Sangeetha
    Sangeetha 31 Jul, 18 at 12:38 pm

    Hi Anil,
    Do you think i have chances for getting the H4 EAD if i apply now? Im planning to move to H4 in 2 weeks. Or are the chances low?
    Also thanks for this amazing site and for keeping us all posted.


    • Anil Gupta
      Anil Gupta 31 Jul, 18 at 12:47 pm

      Thanks for your feedback. I am glad you found website useful.
      You can apply for H4 EAD and you will get it. The withdrawal rule is still not out and they are working on EAD applications as normal at this time.


  76. remmelkemp
    remmelkemp 29 May, 18 at 12:53 pm

    A class action lawsuit should be filed against DHS.


  77. Vishal Tiwary
    Vishal Tiwary 16 May, 18 at 1:59 pm

    Hi,
    It it worth to apply for new H4EAD now as USCIS is going to remove this law.


    • Anil Gupta
      Anil Gupta 16 May, 18 at 2:04 pm

      It is definitely worth it.
      The withdrawal rule is still not finalized. So, you still have a chance to get the H4-EAD approved.
      Also, once it is approved for 3 years, the chances are high that you will be allowed to work for next 3 years at-least even after H4 EAD is terminated.

      So, if you are planning to apply, i would strongly recommend to apply as early as possible.


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