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  #1 (permalink)  
Old 03-31-2006, 08:42 PM
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dish is on a distinguished road
Default Reform H4 Visa

A person on H1B Visa is allowed to remain in the USA for a maximum of Six Years. The H1B Visa can be further extended, if a personís Labor Certification is pending for more than 365 days. This law allows the H4 Visa Holders to continue on H4 Visa if the H1B Visa Holder extends his visa. At this point the person on H4 Visa loses the freedom to convert his/her visa to an H1B Visa, because the person was previously on H4 Status for Six Years.

Now, Considering the Backlogs in Labor Certification Processing and Retrogression in Immigrant Visa Numbers, this law is further taking away the career opportunities of an H4 Visa Holder. He/she has to wait until the Spouse clears the Labor Certification and I-140, and has to wait in till the Visa Dates Progress so that the Spouse can file for I-485. Only at this stage Employment Authorization is allowed. In most cases the whole process can take up to Nine to Ten years.

Can we request a reform to the H4 Visa, allowing the Visa Holder to change his/her Visa Status to H1B even after Six Years on H4 Visa. Or to grant the H4 Visa Holder, an Employment Authorization if the Principal H1B Holderís Labor Certification is pending for more than one year.
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  #2 (permalink)  
Old 03-31-2006, 09:54 PM
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All H4 spouses who were moving all over the U.S. every 6 months or so, with their H1 wifes/husbands and who could not have beaten the H1 cap for years, feel tremendous pain ... sometimes I wonder who sacrificed more:

h1's working for a crappy employer dreaming about Green Card and freedom or H4 spouses postponing their lives for 7-10 years...
Is it worth it.. ???

(please, bear in mind that not everyone is IT on H1 and not all spouses have IT background, therefore its not easy to just approach XY emplyer who'll file for spous's transfer to H1).

Can something be done? Can we get some kind of work authorization? Majority of h4 spouses have US Masters. But how can I utilize my skills when I (and so many others) cannot even think to start working legally for another 5 yrs. By then all my new skills will be out-dated.

Last edited by felix31; 03-31-2006 at 09:57 PM.
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Old 04-03-2006, 11:18 AM
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dish is on a distinguished road
Default Reform H4 Visa

I had requested early in this forum that ImmigrationVoice add gaining H4 Visa Work permit to their agenda of goals. But the chances of lobbying for work permit for all H4 spouses looks dim.

Now with the huge backlogs in Labor Certifications and EB3 Retrogression the hopes of having a career is doomed. There should be some relief for H4 Spouses who cannot obtain a work permit due to the backlogs and retrogression.

This is an article by Mitra Kalita in FloridaToday.
http://www.floridatoday.com/apps/pbc...510090316/1003
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  #4 (permalink)  
Old 04-03-2006, 01:19 PM
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Dish,

Please note that what you are asking for, is a major change to the principles of the current immigration policy of this country.

Although I feel the pain of the H4 spouses and think that H4 spouses have sacrificed much more than the principal H1 applicants, including the provisions for allowing 'H4 visa work permit' is a uphill task. I do not say that it is not achievable, however it would be very difficult to include this clause as a short-term goal, considering various underlying principles and factors. There is an organization led by one of the activists which dedicates towards the plight of H4s. If you need, I can get you her email ID, so that you could contact her. Also, there is an NY based lawyer by the name Shivali Shah (www.kiraninc.org), who has been very active towards working for H4 issues. Please contact her and see if you can organize through her and suggest any actions for IV for the long-term goals of IV with regards to H4 spouses.

For the time-being, I think striving for the inclusion of the 'I-485 application even if PD not current' clause will alleviate the plight of many of H4 spouses, since it makes them eligible for a EAD card.

Good luck!!!

Quote:
Originally Posted by dish
I had requested early in this forum that ImmigrationVoice add gaining H4 Visa Work permit to their agenda of goals. But the chances of lobbying for work permit for all H4 spouses looks dim.

Now with the huge backlogs in Labor Certifications and EB3 Retrogression the hopes of having a career is doomed. There should be some relief for H4 Spouses who cannot obtain a work permit due to the backlogs and retrogression.

This is an article by Mitra Kalita in FloridaToday.
http://www.floridatoday.com/apps/pbc...510090316/1003
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  #5 (permalink)  
Old 04-04-2006, 08:21 AM
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Default H4: Age-out Problem

Another grave problem for H4 dependents is the Age-Out problem. Dependents age out at 21 and are no longer eligible for H4. As a result they will not be covered under their parent's green card.

With this huge processing back-log and retrogression, there is every possibility that some of the older dependents will be in real trouble.

The Age-Out clause is very impractical under the present circumstances and should be removed.
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  #6 (permalink)  
Old 04-27-2006, 05:58 PM
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dish is on a distinguished road
Default H4 Visa - Another Issue

So Here is another issue created by backlogs in Labor Certification and retrogression. This is a problem faced by a friend of mine. Her Husband was on L1 visa initially, which allowed the spouse to work. After two years he had to change his Status to H1, which made my friend's work authorization void. But she was able to find an employer who hired her and sponsored H1. Because her husband's LC was filed She did'nt file for a Labor. Now Her 6 yrs on H1 is complete. She cannot extend it anymore and she has to lose her job and revert back to H4. Her husbands labor is in a backlog center and no news is on the way......So who is suffering more due to a incompetent immigration system - the spouses on H4 visa.

I again request ImigrationVoice to include, the issues of H4 spouses. At least they should be granted a privilege to maintain their H1 status if the Spouses LC if filed and pending for more than a year.
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  #7 (permalink)  
Old 04-27-2006, 11:48 PM
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If, somehow we could get change that 'all H statuses cannot exceed 6 yrs cumulative'.

H4 is only a spouse visa, the person cannot work, the only reason the person is here is because he / she is married to the H1 or H2b or H3 holder.
For the sake of the argument - we can call it Z status, but it really is totally different than all the other H statuses.

After 6 yrs in h4 - the person is barred from seeking transfer to H1 visa.
As a reminder H1 is skilled worker visa, H2b is for seasonal jobs, h3 for traniees. So all h statuses get some kind of work, except the spouse H4.

Why on Earth would h4 be counted toward the 6yrs cumulative with h1, H2b, H3 and L visas is beyond my comprehension.

L1 works, and their spouses on L2 can work. I understand the rationale behind those groupings - but not really why H4 is lumped with the rest of the working people??

If there is a logic argument, I would accpet it.

Now, lets say a person was in H4, taking time off, taking care of the family...Then the person went back to school, got Masters degree or whatever training was in demand, got the skills, he/she should have the opp to transfer to H1.

Whats the point in getting the skills?

Perhaps that was the little 'evil' plan to bind workers and their families in such a way that they cannot really present too much of a competition for domestic folks.

I am just speculating...

Anyway, Just lifting that count off and letting h4s convert to h1 if they have the skills, education, willing employer....especially if we are talking about shortage occupations.

However, lots of things do not make sense, so that may very well be the dream..who knows!

Perhaps in another 50 years H4 spouses would be allowed to work...
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  #8 (permalink)  
Old 05-05-2006, 03:07 PM
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Default thank you krish

for finding this potential good news,

It would indeed be great news if 'decoupling' of h1 & h4 time gets addressed in the near future...

I'll keep praying for the memo

Quote:
Originally Posted by krish_balaji
Decoupling H1B and H-4 Time

As regular MurthyDotCom and MurthyBulletin readers know, the time spent in H-4 status is counted against the permitted time in H1B status, and visa versa. This interpretation arises from a more restrictive terminology in the immigration regulations, when compared to the statute itself called the Immigration and Nationality Act. This has long created problems in many situations, particularly those involving minor children or spouses. The USCIS indicated that, if released, this memo would "decouple" the counting of time for H1Bs and H-4s, and permit each status for the maximum six year period. It was not clear if this would address L-1 and L-2 time as well.

Conclusion

The possibility of a USCIS memo, while good news, changes nothing at this time. We must wait for the actual memo, which could be released some time this summer. If such a memo does become a reality, it will be necessary to review its exact wording to determine the extent of any of its provisions. We at the Murthy Law Firm appreciate this information about what may be in the near future for the H1B area of U.S. immigration law. While the lack of cap-gap relief creates difficulties for many students, if the H1B and H-4 time were to be decoupled it would be highly beneficial and address some serious problems that arise for H-4s, in particular. We often see H-4 children who use all their H time as minors, and then are ineligible for H1B status after completing college.

We hope that the USCIS is able to issue this memo in the near future to provide much-needed relief to H1Bs and their families.
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  #9 (permalink)  
Old 05-08-2006, 10:08 AM
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Default H4 and in-state tuition

Does any one know if the H4 visa can pay in-state tuition?, My wife is here on H4 and she is about to start school (no other options.... ). We asked the school about the in-state tuition but got no from them.
If H4 are allowed to pay in-state tuition,
1. Does she need to be living in the state for at least a year to be elligible for in-state tuition?
2. I've been in this state for couple of years now, can this make her elligible for in-state tuition?

thank you for your help.
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  #10 (permalink)  
Old 05-08-2006, 10:19 AM
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Default Only if you have an Alien Number

In-state-tution is applicable for person having Green card as well as those who have filed their 485. Once you have Alien Number, which you get after filing your 485, you can avail in state tution. However, different states and different schools might follow diffrent rules.

In general, H4s are not applicable for in state tutions. Also, you should be atleast one year resident of a state, after filing 485, in order to avail in state tution.
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  #11 (permalink)  
Old 05-08-2006, 10:20 AM
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It does not matter if you are on H4 or H1. If you are eligible then you can pay instate tution fee. Note that the individual who is applying should be eligible..does not help if the spouse is eligible. I know in California, the person who is applying should be a resident of that state for atleast an year to be eligible for instate tution fee.


Quote:
Originally Posted by adGurkha
Does any one know if the H4 visa can pay in-state tuition?, My wife is here on H4 and she is about to start school (no other options.... ). We asked the school about the in-state tuition but got no from them.
If H4 are allowed to pay in-state tuition,
1. Does she need to be living in the state for at least a year to be elligible for in-state tuition?
2. I've been in this state for couple of years now, can this make her elligible for in-state tuition?

thank you for your help.
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  #12 (permalink)  
Old 05-08-2006, 10:23 AM
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Quote:
Originally Posted by adGurkha
Does any one know if the H4 visa can pay in-state tuition?, My wife is here on H4 and she is about to start school (no other options.... ). We asked the school about the in-state tuition but got no from them.
If H4 are allowed to pay in-state tuition,
1. Does she need to be living in the state for at least a year to be elligible for in-state tuition?
2. I've been in this state for couple of years now, can this make her elligible for in-state tuition?

thank you for your help.
It depends on the college and the admin.
My wife had to take some courses at the local community college. Initially they insisted on international fees. But I argued that I have been paying local taxes for years, and though our green card is held up due to factors beyond my control, I'm living and working legally in the county.
After af couple of weeks of phone calls and e-mails, they agreed with my logic and we only had to pay in state tution.
So try it out.. it may, or may not work, but there is nothing to lose by showing your tax returns and making the same argument.
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  #13 (permalink)  
Old 05-08-2006, 10:23 AM
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ajmalnasar, i dont think thats tru...atleast not in CA. i know lot of guys who paid in-state tution fee while on H1/H4..they need to be eligible though
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  #14 (permalink)  
Old 05-08-2006, 10:30 AM
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In Texas H4's and H1's can pay in state tuition. There is a 1 year residency requirement - you need to prove you have lived in the state for at least 1 yr.
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  #15 (permalink)  
Old 05-08-2006, 11:02 AM
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In IA, as long as one spouse is employed full-time in the state, he and his dependents are eligible for in-state tuitions.
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