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发帖数: 185 | 1 From http://austinferguson.blogspot.com/
The final H-4 EAD rule will be released in the coming days and will be
available to everyone. The web will be full of interpretations. There will
be changes in the Final Rule from what was initially proposed. A little
while after the rule is published, I will post a summary of those changes
and how they will effect implementation.
While waiting for the rule to be released, here is a brief review of the
proposed rule:
-H-4 EAD eligible if H-1B spouse has approved I-140.
Easily documented and is a good quick benefit in advance of a regulatory
change proposed under the President’s immigration initiatives allowing
early Adjustment of Status filings (and EAD) once I-140 is approved but
before priority date is current.
-H-4 EAD eligible if spouse in “period of stay authorized under AC21”.
This is one of the most troublesome provisions in the proposed rule. There
are many scenarios that can make determining the start of time under AC21
Sec.106(a) vague and difficult to determine, and when considering EAD time
limitations and filing limits, can result in multiple pending applications
by the same applicant at irregular times.
Suggested changes included using the phrase “in a period of stay that
includes time” under 106(a), or even have EAD eligibility begin when the H-
1B only meets the eligibility requirements of 106(a).
-H-4 EAD only for spouse of H-1B, not children.
At the time of the proposed rule, this was politically necessary to reduce
opposition. With the announcement of the President’s immigration
initiatives, does the reason for excluding children still exist?
-Considering EAD Validity of up to 2 years.
Possible change to multi-year or to match current or requested H-4 validity.
-Can file for EAD concurrently with Extension of Status
The rule was silent on concurrent filing with a Change of Status (i.e. from
F-1 or H-1B to H-4).
-Concurrent filing limit of 4 months in advance.
This conflicts with the 6 month advance-filing limit for H-1B/H-4 petition
filings. Also, the proposed rule was silent on advance filing limits for
stand-alone EAD requests.
-Inference that a showing of economic necessity may be required.
Hopefully this will be clarified and eliminated.
I will post the changes made to the Final Rule within 24 hours after
publication. |
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