EAD for H4 Holders

[mesan123]

hope this will be great relief to all EB3 and EB2 I/C...

President Obama START UP America Legislative Agenda Calling for Congress Action to Eliminate EB Per Country Limit

Today, the White House released its legislative agenda reiterating his earlier START UP America legislative agenda. This agenda includes key components of H.R. 3012 as follows:
III. RELIEVING THE BACKLOG OF IMMIGRANT VISAS
A. ADJUST EXISTING VISA CAPS:
The President is committed to fixing our broken immigration system through comprehensive immigration reform. This includes creating a legal immigration system that meets our diverse economic needs and honors our rich traditions as a nation of immigrants that attracts entrepreneurial immigrants and strengthens the American workforce. In an effort to reduce backlogs in the legal immigration system, the President is calling to:
Eliminate the per-country caps on employment-based immigrant visas ("green cards")
Raise the caps on family-based green cards from 7 percent to 15 percent.
These small but meaningful reforms represent a balanced approach to addressing some of the long-standing problems with our broken immigrant visa system. These measures would not increase the total number of available immigrant visas but it would help address some of the longest backlogs that occur because of annual per country caps. For the White House release today, please click here

[qesehmk]

http://www.dhs.gov/ynews/fact-sheets/20120131-dhs-retain-highly-skilled-immigrants.shtm
This is fantastic and goes beyond what we knew so far. e.g. H4 being allowed to work under certain conditions... is certainly very useful.


Q - are you being sarcastic ;)
I am sorry. I didn't realize it could be seen that way. Well no ... I am NOT being sarcastic. I do think that CO is a decent guy trying to do a decent job. Since the number is publicly available - people can call him up. But I doubt he will keep the same number now that it is public. I know for a fact that he would pick the phone himself till very recently based on what our source told me. But if people start calling him - he will more likely either change the number or have an admin filter it out.

As per our source - seriously the guy is not in touch for last 2-3 months ... so can't say. He did give this number to me. But honestly I rarely called CO myself knowing that he was not going to divulge anything that he didn't want to.

[TorreyPines]

From the terminology here, it seems they are proposing work authorization for spouses if primary applicant has pending I-485 (and not approved I-140). Am I understanding correctly?


Provide work authorization for spouses of certain H-1B holders.

This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

[nishant2200]

From the terminology here, it seems they are proposing work authorization for spouses if primary applicant has pending I-485 (and not approved I-140). Am I understanding correctly?

I also think that H1B period should have passed beyond the 6 years i.e. You are on an H1 extension owing to AC21 provisions which allow extensions in period of 1 or 3 year periods for people with pending EB immigration.

[qesehmk]

I think the first sentence is status quo. The second one opens the door to anybody whose spouse has spent basic H1B time (where "basic" is yet to be defined).
From the terminology here, it seems they are proposing work authorization for spouses if primary applicant has pending I-485 (and not approved I-140). Am I understanding correctly?

[vizcard]

From the terminology here, it seems they are proposing work authorization for spouses if primary applicant has pending I-485 (and not approved I-140). Am I understanding correctly?

I read it as an approved I140 with H1B beyond 6 years. Remember for ROW, they file concurrently.

If it for pending 485, its stupid coz you would get EAD in a couple of months anyway.

[TorreyPines]

I also think that H1B period should have passed beyond the 6 years i.e. You are on an H1 extension owing to AC21 provisions which allow extensions in period of 1 or 3 year periods for people with pending EB immigration.

Thanks for the reply Nishant. I believe it won't be 6 years. The statement says "after meeting a minimum period of H-1B status in the U.S" and for a H1B guy 6 years is not a minimum stay... it's more like 2-term presidential limit here in US.
Also, why would a spouse depend on such work permit when he/she most probably will file for EAD with primary applicant's I-485? Work permit if primary applicant has approved I-140 makes more sense to me than what I am reading. It's either written in haste or the idea was made in haste.

[cbpds1]

So will this be an administrative action that will be enforced by the Prez signing without congress approval? If Yes then it holds some water, else its the usual campaign trick that is played during every presidential election year to woo votes.




I also think that H1B period should have passed beyond the 6 years i.e. You are on an H1 extension owing to AC21 provisions which allow extensions in period of 1 or 3 year periods for people with pending EB immigration.

[TorreyPines]

If it for pending 485, its stupid coz you would get EAD in a couple of months anyway.

Exactly. I second your opinion on this but it says "while their visa holder spouse waits for his or her adjustment of status application to be adjudicated". So this means pending I-485.


I think the first sentence is status quo. The second one opens the door to anybody whose spouse has spent basic H1B time (where "basic" is yet to be defined).
Not sure I understand "status quo" but a person (potentially) with a pending/soon-to-be-approved EAD wouldn't care less about an interim work authorization. Agreed on H1B time yet to be defined.

Nishant has a point too, but if it's true, it limits the benefit to people who file for I-485 but don't choose EAD option.

[imdeng]

The ability to provide EAD rests with DHS/USCIS - they do not need congressional approval for EAD issue (in contrast, they DO need congressional approval for anything related to GC) - so if there is enough support and not much vocal opposition, it can be done as an administrative fix. This issue had been around for a while and there had been internal Memos at USCIS for doing it - so it certainly looks plausible.

So will this be an administrative action that will be enforced by the Prez signing without congress approval? If Yes then it holds some water, else its the usual campaign trick that is played during every presidential election year to woo votes.

[nishant2200]

Thanks for the reply Nishant. I believe it won't be 6 years. The statement says "after meeting a minimum period of H-1B status in the U.S" and for a H1B guy 6 years is not a minimum stay... it's more like 2-term presidential limit here in US.
Also, why would a spouse depend on such work permit when he/she most probably will file for EAD with primary applicant's I-485? Work permit if primary applicant has approved I-140 makes more sense to me than what I am reading. It's either written in haste or the idea was made in haste.

No one can explain this better than Kanmani.

Kanmani, please enlighten us with the official link to this proposal and your "lawful" thoughts on it :)

[Kanmani]

Nishant I am glad to .


TorreyPines,
According to this rule, when a primary extends his/her H1b using his/her approved I-140 , the H4 spouse could apply for EAD ( not a combo card) .

we should rewind our discussion back to July 2011 , we came across a leaked memo from the DHS as administrative alternative to the Comprehensive immigration reform.

Page 6 has the required info http://abcnews.go.com/images/Politics/memo-on-alternatives-to-comprehensive-immigration-reform.pdf

The rule making is still pending and expected to be completed by March 2012 http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92

[sweta.shetty]

Thank you all for your inputs... been a silent reader for past couple of months.
couple of questions: once the rule is approved, when it is effective?
Is there any news on Hr 3012? Why is the rule to remove cap based on country quota considered as a separate entity?

[Kanmani]

Thank you all for your inputs... been a silent reader for past couple of months.
couple of questions: once the rule is approved, when it is effective?
Is there any news on Hr 3012? Why is the rule to remove cap based on country quota considered as a separate entity?

Don't get confused with Rule and ACT . Rule doesn't involve House, Senate, instead the Department which is proposing a simple change in their existing laws would go through a process called 'Rule making' to fix them. ( rule is like class test and ACT is like board exam)

H.R.3012 is an amendment to the already existing Immigration and Nationality Act , which cannot be achieved through Rule making , hence it took a diff route as Bill--> ACT

[TorreyPines]

Nishant I am glad to .


TorreyPines,
According to this rule, when a primary extends his/her H1b using his/her approved I-140 , the H4 spouse could apply for EAD ( not a combo card) .

we should rewind our discussion back to July 2011 , we came across a leaked memo from the DHS as administrative alternative to the Comprehensive immigration reform.

Page 6 has the required info http://abcnews.go.com/images/Politics/memo-on-alternatives-to-comprehensive-immigration-reform.pdf

The rule making is still pending and expected to be completed by March 2012 http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92

Kanmani- Thanks for the link.
Everyone- Appreciate your inputs and help.

[sweta.shetty]

Thanks Kanmani for the insights. Does this mean the country quota is now taking a form of a rule? If yes, what is the expected date?

[Kanmani]

Country Quota is taking a form of Bill->Act , so it should travel via House Judiciary committee-> Full House->Senate Judiciary committee->Full Senate -> President.

Currently, as of today H.R.3012 is stalling at Full Senate, waiting to takeup for voting .


Thanks Kanmani for the insights. Does this mean the country quota is now taking a form of a rule? If yes, what is the expected date?

[immitime]

Most of this so called changes from DHS and recommendation by WH is real eye wash (carrots) for election year. Never believe this, all these are if some of the bill passes WH needs some credit so that for the debate, it may give some weightage as bipartisan. I am not pessimistic but that is the way Politricks goes.

[nishant2200]

Thanks Kanmani, really appreciate it.

btw, today my wife applied for SSN. it's kind of strange feeling. She was a established software engineer and worked in top company in India, became a housewife since last few years. There was a time when we were all so young and had huge ambitions and all that, now it's a different life, grown mid level older :) , kids and all that. We don't know what's next.


Nishant I am glad to .


TorreyPines,
According to this rule, when a primary extends his/her H1b using his/her approved I-140 , the H4 spouse could apply for EAD ( not a combo card) .

we should rewind our discussion back to July 2011 , we came across a leaked memo from the DHS as administrative alternative to the Comprehensive immigration reform.

Page 6 has the required info http://abcnews.go.com/images/Politics/memo-on-alternatives-to-comprehensive-immigration-reform.pdf

The rule making is still pending and expected to be completed by March 2012 http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92

[jackbrown_890]

Nishant I am glad to .


TorreyPines,
According to this rule, when a primary extends his/her H1b using his/her approved I-
.................................................. ........

The rule making is still pending and expected to be completed by March 2012 http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92

thanks Kanmani
I think, I have mentioned this before on our other thread. There are 2 entries/ publications wid d same RIN... one was published last spring, almost a year ago and the other one in Fall. exact same content..i also emailed the DHS contact person about more info on this but never heard back from him..and as I have said, the dates are weird in both publications...one is 01/00/2012 and d other 03/00/2012. i am assuming 03/00/2012 means Before March 1 so Feb 29th. I can't find any explanation/info on that.
Where did you get the March info?
..lets hope they make this a rule by March.

[jackbrown_890]

BTW here is d link to Spring 2011 publication
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92