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DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

uscis.gov

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Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#11

Post by vbcr »

solutionyogi wrote: post #7

Good news but won't apply to a lot of H4 visa holders. It's only applicable to those folks who have been on H1B over 6 years OR have an approved I-140. For those who don't know, employment based green card has three stages 1. Labor Certification (PERM) 2. Immigrant Petition for Alien Worker - I-140 - This stage checks whether the company filing your petition is legitimate and there is no fraud. 3. Application to regi…

Its not that bad in the recent years. I applied for my labor in aug 2012 (step 1), it was approved in less than 3 months. later applied for I140 (step 2), it was too approved in less than 4 months. Since I have an approved I140, my wife (an H4 holder) can apply for EAD under this new rule. Also the rule states that its either approved I140 OR H1B over 6 years.

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#12

Post by georgehm »

This thought has been lingering since this ruling was sent to the OMB for approval. How will it affect existing H1/other wages? As the OP says, DHS is expecting 180k ead applications this year. Thats a large pool of qualified folks with potentially prior work experience. Thoughts?

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#13

Post by jakozaur »

vbcr wrote: post #11
solutionyogi wrote: post #7

Good news but won't apply to a lot of H4 visa holders. It's only applicable to those folks who have been on H1B over 6 years OR have an approved I-140. For those who don't know, employment based green card has three stages 1. Labor Certification (PERM) 2. Immigrant Petition for Alien Worker - I-140 - This stage checks whether the company filing your petition is legitimate and there is no fraud. 3. Application to regi…

Its not that bad in the recent years. I applied for my labor in aug 2012 (step 1), it was approved in less than 3 months. later applied for I140 (step 2), it was too approved in less than 4 months. Since I have an approved I140, my wife (an H4 holder) can apply for EAD under this new rule. Also the rule states that its either approved I140 OR H1B over 6 years.

You got lucky.

Right now the average processing time for PERM is 8 months (235 days): http://dolstats.com/ and it used to be worse (government shutdown). Also preparing PERM takes some time and it can't be speeded up. So it can take well over a year just to get PERM and it doesn't take it account risk that you will have to start over for any reason (e.g. change jobs, change in company legal or organizational structure, HR got busy, someone involved in the process like manager change jobs).

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#15

Post by houshuang »

I'm currently doing my PhD in Canada, and here, spouses of the above categories automatically get open work permits for as long as the student/work permit of the principal applicant. Heading towards the job market, there are lot's of opportunities in the US, both within academia and industry, but the fact that my wife would not be able to work is a huge deterrent for us. Add to that, my wife is not in an industry where she would be likely to get a company sponsoring her for an independent work permit.

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#16

Post by smoothpooper »

Don't want to hurt all the folks whom this will immensely help. But isn't this going to kill a lot of low cost permanent jobs here in US.

So currently we are still debating on whether we want to raise the H1 cap because that will encourage body shops and more cheap labour but isn't this going to take away the low paying US jobs as well.

So say there are 65,000 ppl coming into US on H1 every year, 40,000 of these say apply for green card and on an average say it takes 8 years to get green card and 2 years to get I-140. So every year now well be making 40,000 more ppl eligible and when we start we already will have a surplus of 40,000 * 6

Plus if I am not wrong with H1 you atleast have to prove that you cannot find someone who can do this job and that's why you are bringing someone from outside. But with this you are basically making ppl with any qualification eligible for a job.

I personally would have liked the govt to hike the H1 to ensure that the students who study here won't have to leave because of the lack of enough number of visa's.

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#17

Post by foobar2020 »

smoothpooper wrote: post #16

Don't want to hurt all the folks whom this will immensely help. But isn't this going to kill a lot of low cost permanent jobs here in US. So currently we are still debating on whether we want to raise the H1 cap because that will encourage body shops and more cheap labour but isn't this going to take away the low paying US jobs as well. So say there are 65,000 ppl coming into US on H1 every year, 40,000 of these say…

The fact that H1B spouses cannot be legally employed is just stupid.

The US needs to get its immigration together. Fix the law, decrease or increase the cap, stop the H1B program - but please be reasonable. Quality immigrants are more likely to have quality spouses. On the other hand, a mediocre programmer with his housewife will happily jump on the H1B train even if it means she will be unemployed, because that is already a huge quality of life boost for both them.

I would never take the H1B route if I were married, unless I was sure that my wife is OK with that. And I would have to be really, really sure - because that's locking into a situation for years.

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#19

Post by jakozaur »

smoothpooper wrote: post #16

Don't want to hurt all the folks whom this will immensely help. But isn't this going to kill a lot of low cost permanent jobs here in US. So currently we are still debating on whether we want to raise the H1 cap because that will encourage body shops and more cheap labour but isn't this going to take away the low paying US jobs as well. So say there are 65,000 ppl coming into US on H1 every year, 40,000 of these say…

Well if you're concern is that they will take low paid jobs, feel free to put restrictions on that. Or be able for married couple to apply jointly for the visas.

At very least making H4 -> H1B conversions cap-exempt would be a great move.

Anyway, no matter if you are for or against migration the current system is very antique and counter-logical in so many places. E.g. brilliant, with track record entrepreneurs are having hard time, while still 60k green cards are given to random ppl on earth. Including those with little qualifications, income and lack of basic English skills.

The opportunity for improvement is huge. Pretty much USA immigration feels like using some email on time-shared legacy mainframe, where rest of the world uses GMail/Inbox or something else in cloud.

Re: DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses

#20

Post by spiralpolitik »

vbcr wrote: post #11
solutionyogi wrote: post #7

Good news but won't apply to a lot of H4 visa holders. It's only applicable to those folks who have been on H1B over 6 years OR have an approved I-140. For those who don't know, employment based green card has three stages 1. Labor Certification (PERM) 2. Immigrant Petition for Alien Worker - I-140 - This stage checks whether the company filing your petition is legitimate and there is no fraud. 3. Application to regi…

Its not that bad in the recent years. I applied for my labor in aug 2012 (step 1), it was approved in less than 3 months. later applied for I140 (step 2), it was too approved in less than 4 months. Since I have an approved I140, my wife (an H4 holder) can apply for EAD under this new rule. Also the rule states that its either approved I140 OR H1B over 6 years.

PERM fixed the labor certification bottleneck, but the adjustment of status bottleneck is where people now get caught up, especially those in EB3 and/or coming from a high demand country (China, India, and Mexico).

Without a real fix to the immigration system that will remain the bottleneck for over 90% of employment based applications.

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