H4 EAD News April 2019 DHS Revoke Rule – OMB Review

Written by Anil Gupta
  By Anil Gupta - Updated on  25 Apr, 19
  684  

Apr 25, 2019 – OMB Review Internal Meeting

H4 EAD news update today: Some users spotted that OMB review page shows a scheduled meeting on May 1, 2019. There is no publicly available information about this meeting’s purpose and how it affects H4 EAD.

OMB H4 EAD review internal meeting
OMB H4 EAD review internal meeting

Earlier on April 8, 2019 – ImmigrationVoice presented positive points in support of H4 EAD rule on April 8, 2019 and re-iterated that

  • 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

Federal court has not given any of their view and next hearing is on April 29, 2019 when SaveJobsUSA will present their part of story.

DHS says H4 EAD not affecting US workers

Earlier, DHS informed Federal court on Apr 1, 2019 that H4 EAD program does not affect job competition in US job market!

This is good news for 100k H4 EAD workers and holders as DHS has not found H4 EAD’s negative impact to American workers in their economic impact study! This could be a big blow to SaveJobsUSA argument and lawsuit’s basic premise.

The acceptance that H4 EAD does not affect jobs is a win for H1B spouses and might be a hint that DHS may have something good for H4 EAD in their kitty. Only time will tell.

H4 EAD revoke Rule details – Not available yet

DHS submitted the revoke rules to OMB for review on Feb 20 and marked it as ‘Economically Significant‘ which means that OMB might wrap up comments period within 30 days.

Related: H4 EAD Revoke Estimated Time Line – When to expect Final Removal

Join us on WhatsApp Group 5 – (Group 4, 3,  2 and 1 are full at this time.), Facebook Group, Twittter, Truvisa.com or Telegram Group for latest updates, questions and answers.

H-4EAD Status – Is H4 EAD Still Valid?

You CAN apply for new H4-EAD and H4-EAD renewals at this time. USCIS is issuing H4-EADs and you can apply 180 days before your current H4 EAD card expiry.

Will existing H4 EAD be Valid after DHS Revocation?

It is expected that DHS will allow to use existing H4 EAD cards to run through their validity. USCIS will stop the new cards and the EAD renewals.

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. See results after you have filled your own responses. No email collected. No spam. Your response remains anonymous.

Open H4 EAD withdrawal survey in a new window.

H4 EAD News Timeline

  1. Feb 20, 2019: DHS submitted H4 EAD revoke rules for OMB review.
  2. Dec 27, 2018: Immigration Voice Appeal Request Accepted in Federal Court.
    Federal court decided to start case hearing again and stop 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 in favor of H4 EAD, immigration Voice may win the case and then H4 EAD removal may be put on hold. Only time will tell.
  3. Dec 21, 2018 – H–4 Employment Protection Act of 2018 introduced by California Congresswoman (Eshoo, Lofgren). H.R. 7150 bill aims to protect H4 EAD work permit from DHS removal. The chances of HR 7150 becoming law are very low at this time even with Democrat majority in house.
  4. 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.
  5. Sep 21, 2018 – DHS informed the federal court about completion of rulemaking work and rules pending USCIS review.
  6. Sep 17, 2018 – SaveJobsUSA files motion in Court to continue with the case as DHS is taking too long to publish rules for H4 EAD withdrawal.
  7. Sep 6, 2018 – USCIS replied back to Internet Association confirming their stance of no backing off.
  8. Aug 23, 2018 – Business Roundtable sent an official letter to USCIS in support of H4 EAD is signed by Apple, ADP, American Airlines, Pepsi, Coca-Cola among other CEOs.
  9. Aug 22, 2018 – Internet Association sent a letter to USCIS requesting a re-think on their H4 EAD withdrawal rule.
  10. Aug 20, 2018DHS to Federal Court – No intention of backing off on H4 EAD withdrawal.
  11. May 19, 2018USCIS started issuing RFEs for filing renewal before 120 days. USCIS officially allows filing H4 EAD renewal 180 days before expiry (Refer: USCIS EAD Rules and EAD) and the H4 EAD 120 day RFEs are not justified. New H4-EAD renewal applicants have confirmed that they are able to get H4 EAD renewed even when filing 180 days in advance.
  12. May 16, 2018 – 130 bipartisan congress members sent signed letter of support in favor of H4-EAD to USCIS.

DHS / USCIS agenda to remove H4-EAD Work Permit

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 News - DHS planning to revoke work permits
H4 EAD News – DHS planning to revoke work permits


USA USA News  

   684 Questions & Answers



  1. 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.


      • Sangeetha
        Sangeetha 31 Jul, 18 at 12:51 pm

        Sounds good. Thanks 🙂


  2. Dino
    Dino 30 Jul, 18 at 7:05 pm

    Hi Anil,
    I have a quick question regarding the Form I-765, Application for Employment Authorization.
    It was mentioned in your blog that USCIS has updated the I-765 form to latest edition 05/31/18.

    Just FYI USCIS stated as below:

    05/31/18. Starting 09/17/2018, we will only accept the 05/31/18 edition. Until then, you can use the 07/17/17 edition. You can find the edition date at the bottom of the page on the form and instructions.

    So, i was searching for the older edition (07/17/17) on the USCIS site, since the date mentioned (09/17/2018) was not crossed, but couldn’t find the older edition.

    Now my question is which edition should i use if i am applying on 08/03/2018 which will reach on 08/07/2018?
    I don’t have clarity.

    Should i use 07/17/17 edition as mentioned by USCIS? If so where can i find that form?
    Should i use 05/31/18 edition though it is not 09/17/2018 ?

    Please suggest.


    • Anil Gupta
      Anil Gupta 30 Jul, 18 at 9:26 pm

      USCIS mean that you should use the new form now on-wards but they will still accept the old form till 09/16/2018.
      So, you should use the new form. Check the sample new form and pre-filled sample with instructions here:
      https://www.am22tech.com/h4-ead-news-termination/


  3. URT fan
    URT fan 19 Jul, 18 at 4:12 pm

    Anil, on the July 19th update, you say that the current EAD’s will be valid with the new ones stopped. Where did you receive that information from? Does it meas those who have already applied are affected? I have applied for my wife on Feb 6th 2018 and not yet received any update. USCIS not allowing me to raise a SR as they are saying 5-7 months is the normal processing times.


    • Anil Gupta
      Anil Gupta 19 Jul, 18 at 4:55 pm

      There is no official information from USCIS or DHS at this time. We all are waiting for them to publish the terms and conditions.
      I said that existing EADs will be allowed to continue to be used till they expire once the rule comes out. This was based on an assumption.

      Also, H4-EAD applications are still allowed and they are getting approved. Its just that they are taking time to be processed.
      Yes, you can’t raise SR unless your application is out of normal processing time.


      • URT fan
        URT fan 19 Jul, 18 at 5:18 pm

        Thanks for your clarification Anil.
        According to the timeline charts that you have provided a link to, USCIS is currently processing Feb 15th or so applications. Whereas my application was on Feb 6th. I have had no luck as yet. At that time (around march 2018), applications were getting approved within 30 days in california (with references to cases in trackitt by inputs from other applications). I raised an SR using the web rather than calling them this time. Lets c what happens.


        • Anil Gupta
          Anil Gupta 19 Jul, 18 at 7:55 pm

          Ok..if your processing time is before the date mentioned on our chart, then you can raise the service request and you should get a response.


  4. sri
    sri 17 Jul, 18 at 4:17 pm

    Hi
    my friend got selected in h1b lottery and waiting for approval.. mean while he was looking for a permanent job as he applied for ead and waiting for that. He want to transfer h1b to an permanent job employer instead of working for the consultant who processed h1b. Is it possible to change employer immediately after h1b approval and change the status to new employer instead of the one who processed the visa. he is currently in h4 and inside united states.


    • Anil Gupta
      Anil Gupta 17 Jul, 18 at 5:26 pm

      Yes, he can apply for H1B transfer to new employer once his H1B is approved.


      • sri
        sri 18 Jul, 18 at 9:13 am

        Hi Anil Thanks..
        Is it necessary that he should work atleast for few months and then only he can transfer because he is afraid that the consultant can revoke his h1b as he is not working for him.
        Another question is whether the consultant who processed the visa should do h4 to h1 conversion or the new employer can also do the conversion. Does he have any negative impact in leaving the consultant or he should work for consultatnt and later he can switch. Which is more recommended.


        • Anil Gupta
          Anil Gupta 18 Jul, 18 at 9:40 am

          Yes, it is recommended that one should wait till the start date of H1B with current employer to file for H1B transfer.
          For example, if the H1B start date is given as Oct 1, then at-least wait till Oct 1 to file the transfer application.
          USCIS these days is pretty strict with H1B.

          The current H1B application, if approved, will change the status from H4 to H1B automatically on start date mentioned on H1B approval.
          There is no negative impact on leaving the consultant.
          Everything depends on the paperwork submitted by each employer separately.


          • sri
            sri 18 Jul, 18 at 10:03 am

            Hi Anil,
            Few more queries
            How to check the start date on H1B. He has only the lottery approval notice and it doesnt mention anything in that receipt.
            Two things you have mentioned.. first one is to file transfer application and other is h4 to h1b cos automatically. Will the cos done automatically after h1b approved or the consultant has to file the transfer application physically to convert h4 to h1b. how does it work.

            Can he work on h4 ead and doesnt transfer from h4 to h1b untill the rule is close. If he work in h4 ead for one year…is it possible for him to use the same h1b approval and convert it later with a new employer …What is the recommended option.


            • Anil Gupta
              Anil Gupta 18 Jul, 18 at 10:26 am

              1. Start date will be mentioned on the H1B i797 approval form. Your employer will receive it. You have to ask them.
              Has your friend received the final H1B approval or just the lottery result?

              2. When you file H1b in lottery from within US, you have the option of filing the application with either ‘Change of Status’ or ‘Consular processing’.
              If your employer has filed H1B with ‘Change of status’, then H4 to H1b conversion will happen automatically on H1B start date.
              There is no need to file separate h4 to h1b application in that case. Ask your employer which kind of application did he file.

              3. As I already mentioned, status change from H4 to H1B will happen automatically.
              If he/she wants to keep working on H4 EAD, he will have to apply for H1B to H4 status explicitly after H1B approval.
              H1B can be used anytime by applying for ‘change to status’ to H1B as you wish.


            • sri
              sri 18 Jul, 18 at 10:52 am

              Hi Anil,

              He has only the lottery receipt.. how long will it take for the h1b approval.

              I will ask my friend to check with employer and ask about the cos. Thank you for your valuable suggesstion. Your forums and the site information are really helpful for us. Thanks a lot.


            • Anil Gupta
              Anil Gupta 18 Jul, 18 at 11:22 am

              There is no defined processing time. USCIS will take their own time to process the H1B.
              You are welcome 🙂
              I am glad it has helped.


  5. Prabhu
    Prabhu 9 Jul, 18 at 2:24 pm

    Hi My wife’s EAD is valid till 2020 Feb and i am changing the job now and is it good to file for an EAD extension along with H1 transfer or is it ok to just stay with the current validity of EAD. Please advise


    • Anil Gupta
      Anil Gupta 9 Jul, 18 at 2:37 pm

      You cannot apply for H4 EAD extension (or renewal) before 180 days of its expiry.
      So, even if you apply now, USCIS will reject your application with an RFE!


      • Prabhu
        Prabhu 9 Jul, 18 at 3:43 pm

        Thanks Anil for clarifying. The attorney gave us an option that i can apply for extension but looks like its not the case and i was under assumption when applying for H1 transfer we should apply for H4 EAD extension as well.. i would rather not apply for extension if its going to result in RFE and denial. Thanks again.


        • Anil Gupta
          Anil Gupta 9 Jul, 18 at 5:17 pm

          You are welcome.


  6. Varshitha
    Varshitha 5 Jul, 18 at 1:40 pm

    We applied for H1B, H4 And H4 EAD extension in March, where H1B and H4 was approved, but got RFE on H4 EAD asking for color photos, we immediately sent them the color photos.Then case status changed to “Response To USCIS’ Request For Evidence Was Received”, but after that we did not receive any response, we tried following up and created a service request after 60 days, but we’re asked to wait until 90 days, later after 90 days we couldn’t open service request, so we called them up and we’re asked to wait next 30 days. And I recently received new job, but my work visa will expire by Aug 14th. Please advise how we can follow up with USCIS.


    • Varshitha
      Varshitha 5 Jul, 18 at 2:08 pm

      Hi Anil,
      And one more info, all three applications were applied with H1B premium process.

      Waiting for your response!!


      • Anil Gupta
        Anil Gupta 5 Jul, 18 at 2:37 pm

        Hi Varshita,
        There is nothing that you can do at this point except to wait. USCIS is pretty strict with processing times these days.
        They do not raise service request unless your case is out of normal processing time.
        For your information, even though you filed all 3 in Premium, only H1B is counted as premium application.

        H4 and H4 EAD are MOSTLY processed in same premium timeline as a COURTESY. There is no guarantee though.

        Since your H4 EAD had RFE, USCIS has probably now moved your H4-EAD processing to regular processing.
        Today, they are processing H4-EAD applications received on or before Feb 5, 2018.
        Current H4-EAD processing time: https://www.truvisa.com/t/current-h4-ead-l2-ead-processing-times-vermont-texas-california-nebraska/156

        What you can do is try to file an H4 EAD application ‘Expedite’ request.
        NOTE: USCIS may or may not approve your expedite request.
        https://www.truvisa.com/t/ead-expedite-request-with-uscis-no-premium-processing/368


        • Varshitha
          Varshitha 5 Jul, 18 at 3:26 pm

          Thanks a lot for the info Anil!! Will try this option too.


          • Anil Gupta
            Anil Gupta 5 Jul, 18 at 3:35 pm

            You are welcome.


  7. Manoj Badam
    Manoj Badam 2 Jul, 18 at 11:03 pm

    Hi, is it worthy to apply H4 EAD for my spouse now? my H1 is valid till Apr 2019 only.


    • Anil Gupta
      Anil Gupta 3 Jul, 18 at 7:18 am

      Yes, it is worthy. DHS has not drafted any rule yet and even if it is drafted and published today, it will still take couple of months to make it final and legally bound.
      I strongly advise to apply and get the H4-EAD as soon as possible.


  8. Sumit Jaiswal
    Sumit Jaiswal 28 Jun, 18 at 1:25 pm

    My H4 EAD is valid till April 2019. I got picked up on 2016 H1 Lottery and petition was approved for 1 years but I never used it . My H1 is not yet revoked from my Employer as he is my family friend .

    Please suggest shall I start on Status change from H4 EAD to H1 or wait till Oct for H4 + H4 EAD extension in premium considering all delay in H4 EAD rescind process. There might be law suit against recind process

    You input matter !!!!


    • Anil Gupta
      Anil Gupta 28 Jun, 18 at 1:49 pm

      At this time, nothing is clear from DHS. The process to rescind H4-EAD is being actively pursued by DHS due to political pressure. It is bound to go away sooner or later.
      There are high chances of lawsuit to block the DHS decision once they come out with final rule. Everyone in H4-EAD boat is counting on the lawsuit.

      But, i know many people in my circle who have changed their status from H4 EAD to H1B as they do not want to take any risks.
      Its an individual choice at this time.

      H4 EAD may go away by 2018 end finally or may get stuck in long court battle. Anything can happen.
      There is no harm in waiting till Oct though as the H4-EAD withdrawal process, if started by DHS, will not complete anyway by Oct. So, you can decide later too.


      • Sumit Jaiswal
        Sumit Jaiswal 28 Jun, 18 at 2:54 pm

        Thanks you Anil for your response and valuable input !!!


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

    A class action lawsuit should be filed against DHS.


  10. 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.


  11. Anil Gupta
    Anil Gupta 12 Feb, 19 at 7:36 pm

    It is better to file all 3 together if your H1B is eligible for premium processing.
    If you are going to file in regular, then it is better to keep your current H4 EAD active.

    In case you decide to withdraw H4 EAD, you have to send withdrawal letter to USCIS:
    https://www.am22tech.com/uscis-sample-application-withdrawal-letter/


  12. 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.


  13. Anil Gupta
    Anil Gupta 18 Feb, 19 at 8:01 pm

    You can travel while H4 EAD is pending. USCIS does not stop or pause your application while you are away.


  14. Anil Gupta
    Anil Gupta 19 Feb, 19 at 1:57 pm

    The note is for the case where you have both H4 COS and H4 EAD pending with USCIS at the same time. When you leave USA while H4 COS is pending, USCIS automatically abandons your H4 application.

    As H4 EAD depends on your valid H4 and when it is abandoned, there is no basis for H4 EAD to be approved.

    If you already have approved H4 visa stamp, you can travel after filing H4 EAD application.


  15. Anil Gupta
    Anil Gupta 20 Feb, 19 at 7:20 pm

    You can travel outside USA to get faster H4 Visa stamp at US embassy and then re-enter US.

    Your pending H4 application should be withdrawn once you re-enter USA. Pending H4-EAD will most probably get an RFE to prove your H4 status.

    At the time of this RFE, you can submit your new H4 i94 and H4 visa stamp.


  16. AG
    AG 20 Feb, 19 at 4:40 pm

    Hello Anil, my spouse’s H-4 and H-4 EAD petitions were filed concurrently in Sep 2018 at Vermont Service Center. Both petitions are in pending status currently. USCIS case processing timelines show 12 to 15 months for H-4 extension. My spouse is thinking of going to India and apply for H-4 visa at the consulate. If we go in this route, what would happen to the pending H-4 EAD extension petition? Will it be valid or considered abandoned? Once my spouse comes back to US, do we have to reapply for H-4 EAD again? Please let me know your thoughts. Thanks.


  17. AG
    AG 21 Feb, 19 at 1:39 pm

    Hello Anil, thank you the info provided.

    We had filed for H-4 and H-4 EAD extension together on Sep 28, 2018. Can you please let me know if we can raise a service request based on ONLY the H-4 EAD receipt date?

    As of Feb 21, 2019, the “receipt date for case inquiry” at USCIS Vermont Service Center for EAD (I-765 form) is Sep 14, 2018. Can I raise a service request once this date crosses Sep 28, 2018? The H-4 extension date listed is Nov 2017!! How can USCIS still be processing H-4 extension applications filed in 2017?


  18. Anil Gupta
    Anil Gupta 21 Feb, 19 at 3:23 pm

    Even if you raise the SR on the basis of H4 EAD receipt, you will not get anything out of it because as per the law, your H4 should be approved to get H4 EAD. H4 EAD is dependent on H4 status.

    You can still give it a try if you want.

    USCIS is overloaded with cases at this time to a ridiculous level. Processing times are extremely long.


  19. 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.


  20. Anil Gupta
    Anil Gupta 26 Feb, 19 at 4:46 pm

    It can be any employer old or new if you want to reclaim your H1B remaining time.

    Your current employer can file for your H1B and use the remaining time.


  21. Anil Gupta
    Anil Gupta 28 Feb, 19 at 4:26 pm

    Looks like you are running late by about 2 years. This news has been running around for last 2 years now.

    Anyway, the expectation is that DHS will allow existing approved EADs to run through their validity. But, there is nothing known yet and we will update the article as soon as we get to know.

    Stay tuned.


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