H4 holders may get work authorization..

[ramaonline]

From immigration-law.com

07/07/2011: Interesting USCIS Idea Looming up on the Horizon to Make a Rule to Allow EAD to H-4 Spouses of H-1B Professionals Working Under AC 21 Sections 104(c) or 106(a)

The USCIS is considering to initiate a proposed rule next March 2012 to extend the availability of EAD to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of AC 21 (Public Law 106-313). Apparently this concept is conceived to allow the eligible class of H-4 dependent spouses to work and thereby encourage professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies, and thus allow the United States to remain a world leader in high technology. Very stimulating idea! This may be perceived as an administrative fix of the broken employment-based immigration system. It will certainly help to stop ongoing reverse exodus of these talented foreign professionals, particularly from California, to their home countries. We will watch how far and how fast this concept will move ahead. Please stay tuned to this website for development of this news.

[chikna]

How? without filing I-485?

[actaccord]

has this information even USCIS webiste. I doubt the validity of this information and with the current unemployment condition I don't think this could be happening.

[richguy]

By any chance, Does IV know any information on this?

This is one of the topics (or similar) that was mentioned in the Admin Fix memo that got leaked last year.

This should be a good one if it gets implemented

[chikna]

It's early to predict. Does this applies only spouses? What about children? We Indians like our children even after 21.

[JackBauer]

I wonder why L2 can get EAD cards and H4 cannot?

[padmaforopt]

View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92)

Notification of Proposed Rule Making is in March 2012 .

Notification(NPRM) will be published for 30 days for comments from stake holders.

[kabhikabhi]

View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92)

Notification of Proposed Rule Making is in March 2012 .

Notification(NPRM) will be published for 30 days for comments from stake holders.

This is a very encouraging news.

What are the chances of this actually happening?

[greencard.wait]

Good hear this news... I was always having question why L1 dependent can work and not H1 visa.

[padmaforopt]

This is a very encouraging news.

What are the chances of this actually happening?

I am not sure what are the chances . But, I feel positive about it as it was initiated from DHS.

The rule of 'additional 17 months extension of OPT' for STEM students happened in the same way.

There are rules which were made a law within few months ,there are rules which took years, there are rules which died in the process.

But we should remember this rule & post our positive comments when its get published in federal register.

We can take the Help and Guidance of IV at that time ,which will led us to the path of success.

[sofarsogood]

I could not understand the eligibility criteria stated for this. It says -

"spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21)."

AC21 kicks in when your I485 has been pending for 180 days. You can apply EAD anyways along with I485 application. What am I missing here?

[giri26]

This is for the H4 visa holders whose spouses have I140 approved and have extended their stay beyond 6 years of their stipulated time on H1 visa and are waiting for filing their AOS.

[sudarshana_sg]

That is great news! I know so many people who have abandoned their approved I-140s and have left because their spouses' careers had come to a standstill. Hope USCIS does go ahead with this rule.

[sac-r-ten]

Guess the online petition might have worked in some way....

http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22492-h4-visa-work-authorization-petition-to-the-congress.html

Cheers.

[padmaforopt]

http://transition.fcc.gov/cgb/consumerfacts/howtocomment.pdf

[richguy]

Guess the online petition might have worked in some way....

http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22492-h4-visa-work-authorization-petition-to-the-congress.html

Cheers.

Guys... That article (NPRM) was there for long time, even before whitehouse petition concept started... I don't want to be pessimistic... But the truth is that after Mar 2012, nothing is going to happen...

[padmaforopt]

Guys... That article (NPRM) was there for long time, even before whitehouse petition concept started... I don't want to be pessimistic... But the truth is that after Mar 2012, nothing is going to happen...

No one can predict what is the future .
I have no information of the petition or its impact.
This rule has been issued in 2011 (not from long back).
We have to be optimistic about this , as we are the positive stakeholders(beneficiaries) of this rule .
There are lot of rules initiated by DHS and were made final. On the other side side of the coin , there are rules which were not enacted.

I am not sure what would be the result , But I wish this rule will become a law.

[padmaforopt]

More information about rule making process:

Rulemaking - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Rulemaking)

[padmaforopt]

View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200804&RIN=1653-AA56)

[iv_gc]

Dear Immigration Voice administrators/comittee members,

Please throw some light on this "work authorization for H4 Visa holders". If possible please provide some action items like HR 3012.

This is a very good news for lot of H4 dependent people. I saw a lot of people with Bachelors/Masters degree in various fields and unable to work due to lack of work permit.

[mechanical13]

Dear Immigration Voice administrators/comittee members,

Please throw some light on this "work authorization for H4 Visa holders". If possible please provide some action items like HR 3012.

This is a very good news for lot of H4 dependent people. I saw a lot of people with Bachelors/Masters degree in various fields and unable to work due to lack of work permit.

The IV Core Team is busy working on HR 3012, so let us not inundate them with additional requests. The OP on this is very old - I am not sure why this has surfaced today.

Once we have a decision on HR 3012, I think IV Core will have the opportunity to address additional items.

Guys, I know this is a anxious and nerve racking time. There are close to 20 immigration related bills out there. If IV Core starts to chase down each of these things, then we won't have sufficient attention on HR 3012.

Whats better - Green Card or H4 EAD?

[mechanical13]

I could not understand the eligibility criteria stated for this. It says -

"spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21)."

AC21 kicks in when your I485 has been pending for 180 days. You can apply EAD anyways along with I485 application. What am I missing here?

This seems to have been earmarked a long time back, but in light on HR 3012 this actually makes sense.

In essence, if implemented, this will reduce the pain for ROW EB2 & EB3 folks. For example, if someone from EB2 Russia applies after HR 3012 becomes law, then he would have to wait for 2-3 before he gets his GC. Today, he might get it immediately, and his dependents can start working.

If implemented, this lessens their pain. Yes, it reduces the pain India & China as well, but from the perspective of ROW, this is a good compromise.

We should rally ROW folks to support this effort AFTER HR 3012 becomes the law of the land. Until then, lets focus on HR 3012.

[bond4u]

It's early to predict. Does this applies only spouses? What about children? We Indians like our children even after 21.

This rule clearly says dependent Spouses

[padmaforopt]

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92

I guess, this is good news . Any comments from IV on this?

[padmaforopt]

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92

I guess, this is good news . Any comments from IV on this?


View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

[unluckydude]

View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

It is still in "proposed rule stage". Do you think they will go ahead and implement the rule?

[shankar24]

The law is not so clear. how should it be interpreted? does it apply for only guys who are in 7th year extension by virtue of their i140 or does it apply for anyone who has a dependent with approved i140?

[richguy]

View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

Thanks for posting.

I remember earlier the date was 03/00/2012. Now the date has been advanced.
And also I noticed that it has a related RIN 1615-ZB03.
I don't remember seeing that earlier. Not sure what that RIN means

[giri26]

The law is not so clear. how should it be interpreted? does it apply for only guys who are in 7th year extension by virtue of their i140 or does it apply for anyone who has a dependent with approved i140?

It is for the dependent of the person who has an approved I140 and could not apply for AOS due to the PD. I am not sure what you mean by "dependents with approved I140", if someone has an approved I140, doesn't that mean that they are on a valid work visa? Why would they need to be on H4?

[smuggymba]

It is for the dependent of the person who has an approved I140 and could not apply for AOS due to the PD. I am not sure what you mean by "dependents with approved I140", if someone has an approved I140, doesn't that mean that they are on a valid work visa? Why would they need to be on H4?

it's to let the spouses of holders of a valid visa to work. The 140 holders are eligible to work anyway...their spouses on H4 can't work.

[sharmagaurav]

Hope for the best!

[nohohon]

It is for the dependent of the person who has an approved I140 and could not apply for AOS due to the PD. I am not sure what you mean by "dependents with approved I140", if someone has an approved I140, doesn't that mean that they are on a valid work visa? Why would they need to be on H4?

You got it right the first time - it applies to dependents on a H4 visa where the primary applicant already has an approved I-140 and has extended his/her visa beyond the normal time frame (so if the primary applicant is on a H1B, he/she should have extended it beyond the 6 year period). So it looks like this rule change is applicable to those that meet a very specific set of criteria, but it'll be a relief nevertheless.

[nohohon]

Thanks for posting.

I remember earlier the date was 03/00/2012. Now the date has been advanced.
And also I noticed that it has a related RIN 1615-ZB03.
I don't remember seeing that earlier. Not sure what that RIN means

RIN or Regulation Identifier Number is essentially an unique ID to follow the progress of a proposed rule change/amendment through its life cycle. So, if you search the Reginfo.gov site for this rule using the RIN of 1615-AB92, you'll see all previous iterations.
It looks like the latest version - the one we're looking at currently - was published in Fall 2011 - so its not exactly brand new. Interestingly, the other RIN listed under "Related RINs" - 1615-ZB3 - does not show up in search results.

In any case, as part of the rule making process, it should be open to comments for 60 days and a further 30 days is allotted for reply comments - so we have some ways to go. Fingers crossed!

[shankar24]

No. Sorry for my wordings.

I meant dependents who are on h4.

My question was does it apply only for h4 people dependent on h1 person who has stayed beyond 6 years. ( after i 140 and getting extended on h1 )

For instance in my case i have an approved i140 but i am still in 4th year of my h1. Does this law allow my wife to apply for EAD after being made a rule ?

[sharmagaurav]

I don't think it would be , because the normal timeframe is 6 years which would be calculated after recapturing all the time spent outside US.

[s416504]

The Oh Law Firm (http://www.immigration-law.com/Canada.html)

01/23/2012: Apparent No Change in the USCIS Intent to Propose Certain H-4 EAD

We reported earlier that the USCIS was considering employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under AC-21 104(c) three-year increment H-1B extension upon approval of I-140 petition or AC-21 106(a) one-year increment H-1B extension upon filing of foreign labor certification application (so-called 7th year extension rule) in order to encourage the H-1B professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies. It appears there is no change for this plan and may be initiate the rule-making process soon. Currently the spouses of multi-national corporation's intra-company transferee (L-1) visa spouses are given EAD if they want to work to encourage international business for the economic growth of this country. Please stay tuned.

[nohohon]

My question was does it apply only for h4 people dependent on h1 person who has stayed beyond 6 years. ( after i 140 and getting extended on h1 )

For instance in my case i have an approved i140 but i am still in 4th year of my h1. Does this law allow my wife to apply for EAD after being made a rule ?

Unfortunately, I don't think it applies to your wife. The rule specifically talks about those that have an approved I-140 and "have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313". Sections 104(c) and 106(a) of AC21 relate to extension of visa beyond normal time periods (in case of H1B, the period is 6 years).

Obviously, I am not a legal expert - just writing down my opinion based on what I can tell from the wording of the rule.

[giri26]

You got it right the first time - it applies to dependents on a H4 visa where the primary applicant already has an approved I-140 and has extended his/her visa beyond the normal time frame (so if the primary applicant is on a H1B, he/she should have extended it beyond the 6 year period). So it looks like this rule change is applicable to those that meet a very specific set of criteria, but it'll be a relief nevertheless.

Yup thats what I meant. It will be a great relief if that does happen. I am in my 7th year with an approved I140. I just hope that at least this passes to give us some relief.

[anu_t]

Gosh. It will be so helpful for all the future H4 spouses. Wish it could have been little early for us all.
But anyway , it can helpful for others and that is a great news.

[gcharry]

Is this approved or in approval process?

[kabhikabhi]

How does one comment on the proposal?

It would be better if they let spouses of anyone with an approved I-140 get EAD instead of making them wait 6 years.

If the intent is to give the spouses work authorization then what is the justification for waiting for 6+ years? Once the intent of giving residency is established (with approved I-140) why should there be a wait?

[anu_t]

kabhikabhi

How about just taking whatever is 'under work' right now. Instead of arguing about what's not even in a picture.

[kabhikabhi]

kabhikabhi

How about just taking whatever is 'under work' right now. Instead of arguing about what's not even in a picture.

So IV should stop doing anything. Stop worrying about H.R. 3012. Take what is available which is multi-year endless wait to get a green card.

Whats in the picture now is because someone argued about it being not in the picture ;)

If the proposol is up for comments then folks affected by it should make sensible arguments rather than just sit and take it.

[nohohon]

How does one comment on the proposal?

It would be better if they let spouses of anyone with an approved I-140 get EAD instead of making them wait 6 years.

If the intent is to give the spouses work authorization then what is the justification for waiting for 6+ years? Once the intent of giving residency is established (with approved I-140) why should there be a wait?

Essentially, this a multi-stage rule making process and an overview of what the multiple stages are can be seen here (http://www.reginfo.gov/public/reginfo/Regmap/index.jsp). From this rule's page (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92) on the reginfo site, we can tell that its in the "proposed rule stage" and its not been printed in the Federal Register (FR) - which would be step 5. Its only after publication in the FR is it open for comments (for 60 days). Therefore, keep an eye on the rule page and make your opinion known. You have a valid question regarding the exclusion of those that have not hit the 6 year mark yet and you should comment on it and be a part of the decision making process.

Lastly you can see the Federal Register here (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

[jseeker2]

DHS: DHS Reforms To Attract And Retain Highly Skilled Immigrants (http://www.dhs.gov/ynews/fact-sheets/20120131-dhs-retain-highly-skilled-immigrants.shtm)

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.

What does this mean? Adjustment of status means - I485 filing? What difference does it make with the existing process?

Does the above paragraph means - folks that are in the years beyond 6 years and have an approved I140, are eligible? Or should they be in I485 stage?

Thanks

Venkat Ramamoorthy

[hello]

DHS: DHS Reforms To Attract And Retain Highly Skilled Immigrants (http://www.dhs.gov/ynews/fact-sheets/20120131-dhs-retain-highly-skilled-immigrants.shtm)

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. who have begun the process of seeking lawful permanent resident status through employment after Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders 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.

What does this mean? Adjustment of status means - I485 filing? What difference does it make with the existing process?

Does the above paragraph means - folks that are in the years beyond 6 years and have an approved I140, are eligible? Or should they be in I485 stage?

Thanks

Venkat Ramamoorthy

Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders meeting a minimum period of H-1B status in the U.S.

It should be three years of H1b(Thats the min period before extension) but we"ll know later.This new ruling doesn't say six years anyways.

G:)ood luck.

[GC_for_All]

I get the whole idea but I am confused about the mention of AC21. Please correct me if I miss anything, as far as I think AC21 comes into picture only after applying I-485.This is confusing to me because H-4 can get EAD anyway after 485.:confused:

[jseeker2]

Hi,

AFAIK and based on a conversation with an immi attorney - AC21 comes into picture 180 days after the I140 is approved.

Coming to this discussion, the 104(c) and 106(a) is invoked thru a clause / statute from AC21. Those 2 clauses are for 1 year H1B extension and 3 year extensions.

7th Year H-1B Extensions Under AC21 104(c) and 106(a) – Statutes and USCIS Guidance | The Visa Bulletin (http://thevisabulletin.com/2008/01/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/)

Hope this is clear now.

Thanks

[skrish]

so any idea when uscis will actually formualte this rule? when can we atually apply for EAD for H4 dependent spouses...

[jseeker2]

This is what the dhs site states
" As part of these ongoing efforts and in recognition of the one-year anniversary of
the White House Startup America Initiative , the Department of Homeland
Security today announced a series of administrative reforms which will be
completed in the future."

So, when that time is, we can only guess at this point in time.

[sharmagaurav]

NPRM date has been changed here View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92) from 03/00/2012 to 01/00/2012.

Anybody knows what does it means ?

[kabhikabhi]

I just wrote to Kevin (the DHS contact on that link) about this rule an hour ago and it was 03/00/2012 when I saw it. Probably changed at 12 EST.

I don't know what that date or the change of date means.

[skrish]

maybe we should pursue getting more information about this in a more organized manner? say through IV or an ILW representative? thx

[PERM12]

There are two of them.. One Published in Spring 2011 and other Published in Fall 2011

The Spring says 03/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92)

The Fall one says 01/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

Now the basic question which one are they going to follow…


NPRM date has been changed here View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92) from 03/00/2012 to 01/00/2012.

Anybody knows what does it means ?

[sharmagaurav]

There are two of them.. One Published in Spring 2011 and other Published in Fall 2011

The Spring says 03/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92)

The Fall one says 01/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

Now the basic question which one are they going to follow…


Thank you

[kabhikabhi]

There are two of them.. One Published in Spring 2011 and other Published in Fall 2011

The Spring says 03/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92)

The Fall one says 01/00/2012
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92)

Now the basic question which one are they going to follow…

Thanks for the clarification.

[sagar8880]

I just wrote to Kevin (the DHS contact on that link) about this rule an hour ago and it was 03/00/2012 when I saw it. Probably changed at 12 EST.

I don't know what that date or the change of date means.

Which means from March 1st my wife can work on EAD? or we can apply from March 1st?

[kabhikabhi]

Which means from March 1st my wife can work on EAD? or we can apply from March 1st?

Sagar.... unfortunately it means neither. At some point in future H4 spouses may be able to apply and work on EAD - but its highly unlikely that it will be March 1st 2012.

This is still early in the rule making process.

[PERM12]

Just add one more point .. Please read through this WiKi Article and it might help your understanding a bit.

Notice of proposed rulemaking - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Notice_of_proposed_rulemaking)

And remember still the NPRM is not issued at this time.


Sagar.... unfortunately it means neither. At some point in future H4 spouses may be able to apply and work on EAD - but its highly unlikely that it will be March 1st 2012.

This is still early in the rule making process.

Which means from March 1st my wife can work on EAD? or we can apply from March 1st?

[ppatil]

Do they AC21 rules apply only to folks who extended their H1-B visa. What about ppl who opted to go on EAD, will their spouses be able to get work visa. If not a work visa why can't the government at least issue a dependent visa to spouses of EAD holders.

[Stang07]

This is interesting. Something that many people like me would welcome. There was a news about the same in the Indian newspaper - The Hindu. But apparently no such news is available over the internet here except the actual rule itself on the DHS.

The Hindu link is: The Hindu : Business / Economy : U.S. bid to woo foreign talent (http://www.thehindu.com/business/Economy/article2858021.ece)

[richguy]

This is interesting. Something that many people like me would welcome. There was a news about the same in the Indian newspaper - The Hindu. But apparently no such news is available over the internet here except the actual rule itself on the DHS.

The Hindu link is: The Hindu : Business / Economy : U.S. bid to woo foreign talent (http://www.thehindu.com/business/Economy/article2858021.ece)


You'll not find any news on this in the internet because there is no news.

This is in proposal state for long time.. Once in a while they announce that they'll do this in future and get the required attention. But never bother to really implement. Only purpose of that announcement is to get attention and it met its purpose.

[floridasun]

This is interesting. Something that many people like me would welcome. There was a news about the same in the Indian newspaper - The Hindu. But apparently no such news is available over the internet here except the actual rule itself on the DHS.

The Hindu link is: The Hindu : Business / Economy : U.S. bid to woo foreign talent (http://www.thehindu.com/business/Economy/article2858021.ece)

You'll not find any news on this in the internet because there is no news.

This is in proposal state for long time.. Once in a while they announce that they'll do this in future and get the required attention. But never bother to really implement. Only purpose of that announcement is to get attention and it met its purpose.

Very very true... next season of this 'get attention' show will probably arrive in theaters 2016 winter/spring. This 2012 season, we are very fortunate to watch 2 such shows. Politics works the same way everywhere.

[Stang07]

If you see the DHS website, the rule changes were proposed on July 2011 - not so long ago... Just clarifying...

[skrish]

so what can we do to make this reality guys ...Given that IV is able to exert substantial influence and the the H.R 3012 show is nearing climax, this should likely be the next focus area and we should make plans for it...

[Gornur9]

Thank for the info.
It would be a good news to someone.

[chikna]

Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One?

Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One?

[chikna]

^^ Sorry link messed up. Can't edit our own post?

ILW.COM - Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One? (http://www.ilw.com/articles/2012,0207-Endelman.shtm)

[Irs]

^^ Sorry link messed up. Can't edit our own post?

ILW.COM - Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One? (http://www.ilw.com/articles/2012,0207-Endelman.shtm)

Thanks Chinka for posting it here...

Wow!!!!!!!!!!!! Is this for real!!!!!!!! ... "There is no need for the USCIS to adopt such an exceedingly narrow interpretation."

[sac-r-ten]

^^ Sorry link messed up. Can't edit our own post?

ILW.COM - Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One? (http://www.ilw.com/articles/2012,0207-Endelman.shtm)
Din't get what the authors trying to say here. wait and watch (the show) is the policy.

-- we choose this path n so we are here -- anonymous

[tselva]

From Immigration-law.com

http://www.grassley.senate.gov/judiciary/upload/Immigration-02-07-12-letter-to-Obama-H-1B-visas-Wedel-conversation-on-Google-Plus.pdf

[skrish]

me thinks it will be a cold day in hell before obama endorses a republican bill that has been in the freezer for over a year.

me also thinks that MR. Grassly should differnetiate between immigrant visa (green card) issues and non-immigrant (H1-B) visa issues...

[sac-r-ten]

From Immigration-law.com

http://www.grassley.senate.gov/judiciary/upload/Immigration-02-07-12-letter-to-Obama-H-1B-visas-Wedel-conversation-on-Google-Plus.pdf

its really sad. but i don;t blame anyone. i take 1 day at a time, enjoy it while it last. the journey is the best part of this travel of life. if GC comes, good. if i have to go back then thats good as well.

cheers.

[bond4u]

its really sad. but i don;t blame anyone. i take 1 day at a time, enjoy it while it last. the journey is the best part of this travel of life. if GC comes, good. if i have to go back then thats good as well.

cheers.

I recently visited India and going through same thoughts if GC comes then it good if not back to roots which is good as well. Even I went for Stamping in embassy and Immigration without being anxious for approval or disapproval.
I am feeling to much constraint in this country after spending 6 years and not even close to travel freely to my country (I mean green card) or allow my spouse to start her career. This is one of reason so many NRI are going back to their roots after spending 9-15 years in this country.

[skrish]

Thats true, the EAD for H4 holders is a simple enough fix and should be implemented ASAP. Many ppl in EB3 are in facct in this very predicament, having filed EB3 in 2007 and unable to refile. Hope IV does something to help this along and make it happen by the end of March. H.R 3012 may be along term goal but in the interim this is one of the simpler things that can be accomplished in the shorter term, especially since none of the current data movements etc... are benefitting EB3

[mahaverya]

It is so unfortunate that we have to wait for decades to get GC. I am sure nothing will work in this country like HR3012 or EAD for H4. It is so depressing and furstrating, I am wondering why we are still sticking here and working for the competetivess of US when this great nation is not providing anything back! I have been waiting for years now with no hopes, so we have decided to go back to our country and work and build a better life.

[uva2012]

I agree 100% with the last posting.
This country just makes you wait and wait and then some.
Ridiculous procedures are making us go away too. Probably for the better.
Thanks everyone who have been providing hope, but I guess this country is not going to learn anytime soon that we are one of the main contributors to their economy.

[kprgroup]

USCIS is running by collecting money from you.They need more money from you by renewal of AP & EAD etc. Read this.............. ( If you get a green Card so quick how they run their...)


FYI

Before the April 2012 Visa Bulletin was released day before yesterday, there had been all sorts of rumors in the Indian and Chinese community websites including predictions that there would be a progress to "Current" in April 2012 or at least move another six months. These specutions remained rumors because they somehow lacked the knowledge of how the employment-based immigrant visa numbers were allocated. The goal of the federal government is to use up annual quota of 140,000 before the end of each fiscal year and the State Department is responsible to allocate the annual visa numbers quarterly considering various factors and predictions. However, no matter what factors they take into consideration in allocation of EB visa numbers in each quarter, the State Department may not likely completely open up monthly EB-2 visa number into "Current" in any month because it may seriously and negatively affect its sister federal department of USCIS in that under the current USCIS filing fee schedules, I-485 applicants are required to pay filing fees for EAD and AP only one time and will get extension free of any filing fees pending I-485 applications, no matter how many years it will take. Opening up of the visa cut-off date to "Current" will potentially create a flood of I-485 applications pouring into the USCIS during the month or months which exceed the annually allocated EB visa number limits. It means that a large number of these I-485 applicants will keep extending their EAD and AP "free of charge." Future revenue of the USCIS, which is fee-funded revenue, will likely be negatively affected by these large number of "free of charge" EAD and AP applications which are created by opening of EB visa cut-off dates to "Current."

[skrish]

I dont think many ppl have issues paying for an EAD renewal if it gives them an oppurtunity to work and be productive for the economy. This rule change is meant to enable AOS applicants to avail of the EAD benefit which they are currently unable to avail if married and wife is also not in AOS. This is something that can happoen to both EB2 and EB3 applicants at any given time based on date movements.

[mahaverya]

Hi my Friend, please understand that the taxes, mortgages (if any), anything you buy, utilities, and all expenses that you are incurring in this country is given back to this nation in the way of taxes. Plus any voluntary services you have rendered in one form or other is also a contribution.

So if someone asks you have you ever contributed back to this country? Please don’t say “I don’t” and also don’t say none of we immigrants/non-immigrants have not given back. This is just for your clarification y.

Also, please don’t change the topic in this thread…

[skrish]

just for your information my friend, social security is neither a tax or charity or a voluntary contribution. it is supposed to come back to you. if your stay is (technically) limited to 6-7 yrs, there is noway for you to claim that benefit and hence it should not be deducted from you either ...

[mahaverya]

Dude, I was not responding to your post, and actually I concur with you opinion. My response was to snthampi above who said "Also, stop believing that you have done this country any favor. You have not." which is absolutely ridiculous, considering thousands of $$ we pay as taxes, plus all the things we buy which is actually going back to the economy. I think I should have made my point very clear in order to avoid ambiguity.

[MK1981]

All Gurus,

What do you all feel about this reform getting passed? I am sure a lot of H4 who deserver way better lifestyle (than sitting home) & career opportunities than that the lucky L2's will feel very happy about it, no offenses for L2. But all H1s & H4s know what pain we go through, when you see your spouse sitting home or going to school just to reconstruct his/her ambitions.

All the best to all H1/H4.. Hope to meet all H4 at work with a nice EAD card.

[dipdowndust]

Even though I have full faith in IV's work, I dont believe this rule is going to get implemented. Infact, I dont think there would be any immigration reform being made as its simply not the highest priority for politicians. Also, house and senate are controlled by different parties so this makes it even more tough to get anything done. If politicians cannot concur on debt which is such a monumental issue, then immigration related issue is very minor to really stir a fight. H-4 getting EAD cards is certainly not happening, people should try to move to EB2 and get GC or have spouse study here and get H-1b for themselves.

[MK1981]

Any updates on this reform...

Bhai log ye item set tu life set.. green card ki wait ki daar ko thoda arram...

Please IV help us in getting this approved...

[skrish]

I wonder what happened to this. Found this link with information on upcoming USCIS rules
but currently the refugees somalia,syria and rwanda seem to have priority :

USCIS - USCIS Federal Register Announcements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=3c729c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=3c729c7755cb9010VgnVCM10000045f3d6a1RCRD )

[kbah]

to the admin (pappu):

I recently read your reply (on the HR3012 update forum) about how you had a discussion on this rule with the officials. I request you to please let us know of any updates that you might have on this rule. Like many others, I'm on H4 (since 3 years; I joined IV recently but I've been a silent reader) with GC under process through my spouse (I-140 approved). Being from a non-technical background in this current economy, I've been unable to get a H1-B sponsorship.

Also, contrary to what other people/ members wrote on that forum, I fully support your current initiative on HR 3012 (although I'm unable to help financially) and really applaud the recent news about your efforts on getting the hold removed.

Hope you will respond. I know any piece of information on this rule would give some mental peace to many members/ people currently on H4 status.

Thanks.

[chrisj]

I totally understand your situation. My wife is also in similar situation. she worked in our home country in non-techinical field. but here she couldn't do anything. I hope to see some good news for H4 as well in the coming days

[skrish]

it would be nice to get some news, but looks like there is a much bigger HOLD there - USCIS. Right now 3012 is time-critical and rin 1615-ab92 is likely a dead duck. i am waiting for this too, but think it might be better to prioritize at this juncture.

[hello]

I want to see this rule get cleared.Once we get HR 3012 passed,then IV may focus on this.Till then pls concentrate on AI.

[imh1b]

Unless we folks with H4 are fully invested in getting the rule made it will never happen. By posting on the forum that we fully support Iv and saying we cannot support financially, we are actually hurting ourselves. In this country if we have to get any work done, you have to pay to lawyers and advocates. So how can we expect that a rule can be made by our empty posts of support. Just my opinion for new comers who think that they have signed a petition and now a rule will be made. It will take lot much for the rule. We have all seen it many times on IV.

[imh1b]

If someone does not even have $100 for supporting what they want, it will never happen in my opinion. We desis do so many pani puri parties and go to restaurants or places to see. We can spend a lot of money on our fun but say that we cannot support something financially is a lie. Unless the person saying this is an illegal and living off foodstamps in this country, affording at least $25 if not $100 per month is not impossible. It shows our character that we want freebies in life and expect someone else to work for us for free. On the contrary if a lawyer asks us for thousands for an RFE or hundreds to talk to us for 15 minutes, we will pay with lot of gratitude. It is something we desis need to improve as character.

[kbah]

Sorry, I'll get out of your way and quit.

[hello]

Sorry, I'll get out of your way and quit.I don't think its good idea to quit.You can support IV by bringing more folks and creating awareness among your friends,families.You are new here so you should follow IV for little more time and then you will understand how things work.So don't worry.Try to do Action Items.Thank You!

[alpanagpt]

Hi all,
H4 visa work petition has come But when it is going to be approved? who knows.....

Still there is Big Question Mark untill full verdict comes.

I don't think the present situation of federal is going to approve it.......

Let's cross finger and hope... hope... and hope for the best.......

Thanks all readers.
A H4 visa holder

[kbah]

I really wish Pappu (administrator) would share with us whatever little information he has about the 'EAD for H4' rule from IV's meeting with USCIS officials.

Until then we can only hope and wait o_O

[pappu]

I really wish Pappu (administrator) would share with us whatever little information he has about the 'EAD for H4' rule from IV's meeting with USCIS officials.

Until then we can only hope and wait o_O

Are you coming for the event in San Jose?
Have you contacted for volunteering. We need lot of help and H4s can help more than others who have full time jobs. By getting more actively involved and contributing to the efforts you will not only get updated but will be part of the discussions and plans.

[kbah]

Thanks for the final nudge Pappu, spoke to Ritu yesterday and signed up for volunteering.

[ice129]

Any news on this?

[ice129]

Thanks avi20072008!
We need to create an account before we can sign this petition.
Just done my part.

[cyclogenesis]

Is the the White House petition you are referring to? Seems to have been answered in the affirmative but wit no clear commitment..

Cheers,
Scott
(H-1B, with a very bored H-4 wife)

[avi20072008]

Is the the White House petition you are referring to? Seems to have been answered in the affirmative but wit no clear commitment..

Cheers,
Scott
(H-1B, with a very bored H-4 wife)

=============

hi Scott, our effort is to force them to think over it and take necessary actions. we are just wasting talent of our wives by letting them sit at home.

[PERM12]

see the thread -- it has the review report from White House which also talks about this rule making for -- Employment Authorization for Certain H-4 Spouses

http://immigrationvoice.org/forum/forum107-interesting-topics/3093871-caual-reading-on-immigration.html#post3563135

[sep_2011_PD]

is this in the works?

[PERM12]

is this in the works?


Yes it is.. Its recieved for review yesterday 12/10/2012

it is now part of the EO 12866 : Pending EO 12866 Regulatory Review (http://www.reginfo.gov/public/do/eoDetails?rrid=122575)

It still has lots of stages to go through...see the stages rule making process:

Stages of the Rulemaking Process - Regulation Room (http://regulationroom.org/learn-more/stages-of-the-rulemaking-process/)

[longwait4gc]

Yes it is.. Its recieved for review yesterday 12/10/2012

it is now part of the EO 12866 : Pending EO 12866 Regulatory Review (http://www.reginfo.gov/public/do/eoDetails?rrid=122575)

It still has lots of stages to go through...see the stages rule making process:

Stages of the Rulemaking Process - Regulation Room (http://regulationroom.org/learn-more/stages-of-the-rulemaking-process/)

How long does the rule making normally take?
Is there anything we can do to contribute for this rule?

[PERM12]

How long does the rule making normally take?
Is there anything we can do to contribute for this rule?

It can be as fast as the administration wants vs. die at this stage. if you take a close look at the existing EO 12866 -- you will find one from March, One from April and 5 from November in there for DHS.... so each case is different and would not be able to assign a time frame.

Also if you notice "when the agency believes a proposed rule concerns only routine or uncontroversial things, it may try direct final rulemaking. It publishes the rule as a direct final rule (rather than a proposed rule) in the Federal Register. It also states that, unless it gets negative comments, the rule will become final shortly after the comment period ends."

I am hoping this is universally acceptable for all EB community and might not raise any negative comments -- btw as others might think it might not flood the labor market as you might find very less % post Jul/AUG 2007 where most of the dependets already got their EAD's.

[longwait4gc]

It can be as fast as the administration wants vs. die at this stage. if you take a close look at the existing EO 12866 -- you will find one from March, One from April and 5 from November in there for DHS.... so each case is different and would not be able to assign a time frame.

Also if you notice "when the agency believes a proposed rule concerns only routine or uncontroversial things, it may try direct final rulemaking. It publishes the rule as a direct final rule (rather than a proposed rule) in the Federal Register. It also states that, unless it gets negative comments, the rule will become final shortly after the comment period ends."

I am hoping this is universally acceptable for all EB community and might not raise any negative comments -- btw as others might think it might not flood the labor market as you might find very less % post Jul/AUG 2007 where most of the dependets already got their EAD's.

Thanks PERM for the info. From your description agency didn't propose this as final rule. This is still a proposed rule. So Agency is expecting some controversy. Am I right or did I misread your comment?
I looked at rules that are completed in last one year by DHS. Quite a bit of them finished in less than 3 months. Some of them even finished in less than a day. Link: Historical Reports (http://www.reginfo.gov/public/do/eoHistReviewSearch)

Is there anything we can do to put this in the 3 month category?

[PERM12]

[QUOTE=longwait4gc;3564669]Thanks PERM for the info. From your description agency didn't propose this as final rule. This is still a proposed rule. So Agency is expecting some controversy. Am I right or did I misread your comment?QUOTE]

I think i needed to clarify a little.. The decision for Fast Track to Final is only done after the NPRM is issued and comments period is closed.