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

Notification of Proposed Rule Making is in March 2012 .

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

[kabhikabhi]

Originally Posted by padmaforopt

View Rule

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]

Originally Posted by kabhikabhi

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/fo...-congress.html (H4 VISA - Work Authorization Petition to the Congress)

Cheers.

[padmaforopt]

http://transition.fcc.gov/cgb/consum...wtocomment.pdf