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  #166 (permalink)  
Old 01-15-2015, 10:33 PM
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Default Quote:

Quote:
H4 status does not become invalid. It is h4 with ead. As long as primary h1 is valid, h4 is valid.
follow up question : So in case primary applicant switch job spouse will automatically switch to H4 & EAD will become invalid.

and Spouse can get EAD again on new i-140 approval so looks like its similar to L2B EAD
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  #167 (permalink)  
Old 01-15-2015, 10:35 PM
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Originally Posted by tapanansel View Post
follow up question : So in case primary applicant switch job spouse will automatically switch to H4 & EAD will become invalid.

and Spouse can get EAD again on new i-140 approval so looks like its similar to L2B EAD
Because primary applicant changes job, h4 does not become invalid as it is not so today also.
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  #168 (permalink)  
Old 01-21-2015, 01:38 PM
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Originally Posted by Administrator2 View Post
If you are talking about EAD for H-4 (spouse) (also called spousal authorization) fix then:

The regulation for this is already done. Before Thanksgiving we were told that this will happen in Dec-2014 or January 2015.

Earlier this week (when folks returned after Christmas vacation) we learned that it is still a few weeks away. Could still happen in late January or in February-2015. But this will happen soon.
This doesn't apply to children.

If you are asking about EAD/AP for H4 (spousal and children above 16 years of age):

After the primary applicant get I-140 approval, primary applicant, spouses and other dependents (children) will be eligible for EAD and AP.

Estimated time frame: Oct-2015
Admin - have you heard any updates regarding the H4-EAD rule? I know it's still early enough in January that it could still happen in the next few days but hoping it's not being put on hold after making progress last summer.
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  #169 (permalink)  
Old 01-21-2015, 04:15 PM
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Originally Posted by nohohon View Post
Admin - have you heard any updates regarding the H4-EAD rule? I know it's still early enough in January that it could still happen in the next few days but hoping it's not being put on hold after making progress last summer.
You know how the government moves.
I think you are thinking of every rule making process like a project plan with an end date and all peoples working 24/7 to fix bugs, write code, QA etc ...

You should have got the idea about how immigration works from your lawyer by now. Did he reply promptly and file applications promptly for you so far?
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  #170 (permalink)  
Old 01-23-2015, 08:52 AM
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Default Job portability/flexibilty for approved EB green card petition - executive action

Dear Admin

I have a request for clarification on executive action for high skilled workers. In the DHS website,especially in the DHS memorandum from Mr. Johnson, Secretary to Mr.Rodriguez-it says like this... "USCIS should consider amending its regulations to ensure that approved Long standing visas petitions remain valid in cases where they change jobs or employers"..
I am aware that IV believes that USCIS is going to name regulatory changes to allow for early filing of AOS for approved I 140 to gain benefits of EAD and AP. But reading this part of that memo makes me worried. Because it doesn't talk about extending work authorization unlike the Whitehouse website. The language in the memo somehow makes me think - are they going to make regulatory changes and amendments to allow just portability of an approved I 140 to another employer. 😳 ie just making the provision that if you have an approved I 140 you could transfer it to another employer just like we do H1b transfer. In that case we will still be in h1 visa and no EAD then😳😔. Also they are specifying "approved long standing visas petition"...any idea if this means anything???
I may be totally wrong on my thoughts. I wish I was.. I do not mean to disbelieve IV on anything in this. But just asking a doubt...
Thanks a lot
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  #171 (permalink)  
Old 01-23-2015, 11:44 AM
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Originally Posted by Itsmorethanacard View Post
Dear Admin

I have a request for clarification on executive action for high skilled workers. In the DHS website,especially in the DHS memorandum from Mr. Johnson, Secretary to Mr.Rodriguez-it says like this... "USCIS should consider amending its regulations to ensure that approved Long standing visas petitions remain valid in cases where they change jobs or employers"..
I am aware that IV believes that USCIS is going to name regulatory changes to allow for early filing of AOS for approved I 140 to gain benefits of EAD and AP. But reading this part of that memo makes me worried. Because it doesn't talk about extending work authorization unlike the Whitehouse website. The language in the memo somehow makes me think - are they going to make regulatory changes and amendments to allow just portability of an approved I 140 to another employer. 😳 ie just making the provision that if you have an approved I 140 you could transfer it to another employer just like we do H1b transfer. In that case we will still be in h1 visa and no EAD then😳😔. Also they are specifying "approved long standing visas petition"...any idea if this means anything???
I may be totally wrong on my thoughts. I wish I was.. I do not mean to disbelieve IV on anything in this. But just asking a doubt...
Thanks a lot
Dhs memo, and stuff on Whitehouse site are not clear. But as posted t the beginning of the thread, there are some things which we believe will happen based on our discussion with officials. Adjustment of status is one of them. When you file Adjustment of status and you get ead, you no longer need to maintain h1b. you can start using ead.
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  #172 (permalink)  
Old 01-23-2015, 12:42 PM
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Originally Posted by Administrator2 View Post
Question 1:
I see the following Action items at Executive Actions on Immigration | USCIS under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs. What is the meaning of each of these bullet points:
a.) Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
b.) Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
c.) Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

Answer 1:

"Question 1 (a.)" means to work on fixing the system so no visa number is wasted IN THE FUTURE. This is NOT related to recapture of unused green cards from the previous years.

"Question 1 (b.)" means streamlining of Visa Bulletin so demand and available visas are calculated more accurately. such the visas are not wasted in the future.

"Question 1 (c.)" This is related to Immigration Voice provision for clarity with 'Same or Similar occupation clarification'. This fix will allow changing employer and jobs so that you will not longer have to stick with the same job title for decades (as under the earlier system). This fix is extremely important as it will give us job mobility and change job titles and employers as long as we are in the "same or similar occupation classification" meaning for example - if your green card petition was filed as "Programmer Analyst", with EAD you will now be able to change job to "Senior Programmer", "Manager", "Vice President" or whatever in your field. In short this means freedom to do the type of work you are potentially capable of doing and not be restricted by some artificial or arcane provision that was being used by large number of employers to game the system and for employee retention. This fix will allow you to live a free professional life.

Could someone please tell me, when this 3rd rule (1c) will be implemented. I am expecting this to be implemented this year. Please tell me if anybody know any latest information on this. Thanks.
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  #173 (permalink)  
Old 01-23-2015, 08:28 PM
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Smile

IV Facebook post today regarding H4-EAD Rule followed by other Admin Fixes (140-EAD ?)

https://www.facebook.com/Immigration...57820454284180
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  #174 (permalink)  
Old 02-03-2015, 12:45 AM
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Default EAD forH4

Dear Administrator,

Please take my this question easily !!

I was expecting EAD for H4 announcement rule month of Jan 2015 as you stated earlier. just wondering, is there is any change in this ? is there something we need to worried about this executing action item ?

Please help us to understand this.

thanks
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  #175 (permalink)  
Old 02-03-2015, 04:11 PM
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The timeline was late Jan/early Feb. Do NOT worry. It is coming soon, possibly as early as this week, maybe next.

Dear Administrator,

Please take my this question easily !!

I was expecting EAD for H4 announcement rule month of Jan 2015 as you stated earlier. just wondering, is there is any change in this ? is there something we need to worried about this executing action item ?

Please help us to understand this.

thanks[/quote]
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  #176 (permalink)  
Old 02-03-2015, 04:12 PM
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VolatilityMaster is on a distinguished road
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dear admin,

many people who attended USCIS hearing mentioned that the head of USCIS implied the announcement of H4EAD has been postponed for so long because there is political pressure against it from higher up. Do you know where the political pressure came from and why?
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  #177 (permalink)  
Old 02-03-2015, 04:16 PM
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Unless the higher up was god, nothing like that was mentioned. He went out of the way to say its coming soon.
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  #178 (permalink)  
Old 02-04-2015, 09:47 AM
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Default Removal of dependents and Recapture of unused visa is not possible via Admin fix

All Along IV had been saying that "Removal of dependents and Recapture of unused visa is not possible via Admin fix, only Congress can do that by changing Law"
Yet, the comment submitted by IV seems to be opposite.
In the reply to Ensuring Use of All Immigrant Visa Numbers, IV has asked for Admin to recapture the unused visas since 1992.
Also In bullet point no 5 "Exempting dependents of immigrants from numerical limits" IV has suggested that "the Department review pertinent sections of the Immigration and Nationality Act, including INA 203(d), to update its rules for making implementation closer to the existing law by exempting dependents of skilled immigrants from the numerical limits"

Does IV think now that Removal of dependents and Recapture of unused visas can be done by slight changes to rules rather than a new law being passed by Congress?
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  #179 (permalink)  
Old 02-04-2015, 11:26 AM
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Default I-140 approved and moved to other employer

lot of folks liek me have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.
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  #180 (permalink)  
Old 02-04-2015, 01:19 PM
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Originally Posted by sivakumar777 View Post
lot of folks liek me have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.
It's not known right now. Obama directed USCIS and DOS to come up with solutions to fix/help backlog situation, who in turn asked for public recommendation and the final recommendations will be submitted within 120 days from Nov 20, 2014. Then the recommendations will be published in federal register and follow the rule making process, similar to EAD for H4.

It's too early to answer your question.
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