H4 EAD News April 2019 DHS Revoke Rule – OMB Review

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

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. Akshata
    Akshata 18 Mar, 19 at 4:09 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?

    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 5:05 pm

      Your question about H1B withdrawal and working on H4 EAD is out of scope of this article. I have added it to our forum and answered it there.

      You can ask follow up question in the forum itself. We reply within 1-24 hours.

  2. 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.

  3. Ray
    Ray 13 Mar, 19 at 6:17 pm

    No offense but what exactly is your qualification to be answering so many complex legal immigration questions? I do understand that you are genuinely trying to help people out here but if you are not a lawyer (and I’m pretty sure you are not) you should explicitly put a disclaimer here saying that you are not a lawyer and have had no legal training and that whatever you put up here is based on your reading and interpretation of the law and cannot be construed as legal advise.

    • Anil Gupta
      Anil Gupta 13 Mar, 19 at 9:07 pm

      We have it clearly mentioned in our Disclaimers.

  4. Huimin Zhang
    Huimin Zhang 13 Mar, 19 at 5:43 pm

    Hi Anil!!! Urgent question!! My husband’s 140 has not been received. So my company will apply H1B for me this coming April. However, my passport is expiring 4/23/2019, visa will be valid until 2020. I don’t have enough time to get a renewed passport. Can my company still apply H1B for me? Can I get renewed passport later? Much appreciate!!!

    • Anil Gupta
      Anil Gupta 13 Mar, 19 at 9:01 pm

      Your company can apply for your H1B with your current passport. But, it is possible that your i94 is restricted to your passport expiry.
      Also, USCIS may issue an RFE to submit new passport.

      My suggestion is to get new passport and then apply for H1B.

      • Huimin Zhang
        Huimin Zhang 13 Mar, 19 at 10:23 pm

        Hi Anil, thank you so much for the reply! The thing is that if we plan to turn the application in on 4/1/2019, I will not have enough time to get the renewed passport (it takes at least 15 business days to renew). If I renew my passport later, do I need to update USCIS? or I just wait for them to issue the RFE? Thanks! Much appreciated!!!!

        • Anil Gupta
          Anil Gupta 14 Mar, 19 at 8:26 am

          You will not be able to submit document later after filing your application.
          You will have to wait for RFE and then send the requested documents as per my information.

      • huimin zhang
        huimin zhang 13 Mar, 19 at 10:42 pm

        Hi Anil, one more thing – do you have any government website citation indicating that a passport with 6-month validity is not required to file H1B application?? Thanks a lot!!!

        • Anil Gupta
          Anil Gupta 14 Mar, 19 at 8:26 am

          I do not have the link ready to share at this time. You can search on google or USCIS website.

  5. Raynaldo
    Raynaldo 12 Mar, 19 at 5:21 pm

    How early can we apply for H4 standalone renewal. Is it 180 days or 120 days ?

    • Raynaldo
      Raynaldo 12 Mar, 19 at 5:21 pm

      *H4 ead renewal

    • Anil Gupta
      Anil Gupta 12 Mar, 19 at 6:29 pm

      You can apply H4 EAD renewal 180 days before expiry.

  6. 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.

  7. BHakti
    BHakti 12 Mar, 19 at 12:24 pm

    My spouse had his H1 and i140 from Company A and due to that I got my H4 EAD. Recently, he accepted an FTE offer at Company B and got his H1 transferred. Have 140 approved with Company A with more than 6 months .

    Now, Company A would want to withdraw his i140 since he is no more associated with them. Company B has not filed for his i140 yet.

    What happens to my H4 EAD status which i got based on Company A’s i140 application and if they withdraw it. My current H4 EAD is valid till June 2020.

    Please advise.

  8. Akshata
    Akshata 8 Mar, 19 at 6:54 pm

    Hi Anil, Thanks for helping everyone. Here is my situation: Moving from H1 to H4 EAD. My I 140 got approved in Nov 2018. Can employer withdraw I140 if I move from H1 to H4 EAD?
    I applied for COS from H1 to H4 EAD.

    1)I would like to continue with the same employer because I would like to complete 6 months after I 140 approval to be on the safer side. Since I won’t be on H1 can I 140 still be valid if I continue with the same company? I am planning to working for 6 months with the same company to save my I 140 being revoked.
    2) What changes employer has to do in their system when I move from H1 to H4 EAD? Will it be an update to I-9 form? What else is needed to be updated in the system?

    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.

    • SSSS
      SSSS 8 Mar, 19 at 1:27 pm

      Use the site https://myaccount.uscis.dhs.gov/

  10. sm joshi
    sm joshi 8 Mar, 19 at 9:41 am

    Hi Anil,
    I am on H1B (expiry sep 2021) with valid I-140. My wife is also on H1b but she is planning to convert to H4 + H4 EAD. I have offer from employer B. While doing my H1B transfer, is it possible to do concurrent filling for H4+H4EAD? The reason i want to explore that option as regular COS + H4 EAD is taking more than a year.

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