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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

#21

Post by ojbyrne »

samstokes wrote: post #9
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…

It's only applicable to those folks who have been on H1B over 6 years and have applied for permanent residency. I read it as over 6 years or applied for permanent residency: """ Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: - Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or - Have been granted H-1B status under sections 106(a) a…

The only way an H-1B can stay beyond six years is if they have applied for permanent residency.

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

#22

Post by sonabinu »

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…

If you have an EB-3 (India) filing it can take upto 20 years to get your green card. A spouse who is here (usually a woman) can practically lose a big part of her life just waiting for the GC to come through. By then whatever skills you possess will be outdated

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

#23

Post by samstokes »

ojbyrne wrote: post #21
samstokes wrote: post #9

Earlier quoted context omitted.

It's only applicable to those folks who have been on H1B over 6 years and have applied for permanent residency. I read it as over 6 years or applied for permanent residency: """ Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: - Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or - Have been granted H-1B status under sections 106(a) a…

The only way an H-1B can stay beyond six years is if they have applied for permanent residency.

Yes, but the converse is not true - you can apply for permanent residency having stayed for less than six years.

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

#24

Post by spiked55 »

Wonder how long it's going to take for the application to be approved once it's submitted. Also, what restrictions are going to be present with working on the EAD? Is it unrestricted? STEM only? Will the same rules apply as if the EAD was received by the spouse after an approved I-485?

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

#25

Post by deepicasso »

spiked55 wrote: post #24

Wonder how long it's going to take for the application to be approved once it's submitted. Also, what restrictions are going to be present with working on the EAD? Is it unrestricted? STEM only? Will the same rules apply as if the EAD was received by the spouse after an approved I-485?

I'd really like to know this. I've been working under the STEM (plus extension) for over two years now -- my work permit expires in July. I believe that after "using up" my STEM, I wont be eligible for another STEM-associated EAD card, per my university's international students office. I wonder if that will affect my eligibility for this H1B-dependant work permit.

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

#26

Post by raincom »

georgehm wrote: post #12

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?

Well, this helps Indian offshoring gaints like Infosys, TCS as they are struggling to find H1s to fill spots onsite. And the thing about Infosys, TCS, Wipro, Cognizant, etc is this: they just need warm bodies onsite for billable hours.

Yes, wages will be depressed in big corp software and IT. To what extent, I don't know.

Top tier talent won't be affected that much: but how many companies need top tier talent? Or how much the top tier talent constitutes US IT/Software market? Maybe, less than 10 percent.

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

#30

Post by uisiu »

foobar2020 wrote: post #17
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 a…

"Quality immigrants are more likely to have quality spouses"

This is just utter nonsense or you are out of your mind. Why quality immigrant would have quality spouse ?

Technical ( & Business) abilities differ for each individual.

I frankly admit that people from my country just want to get here and live good life

PS - I am from India.

Work hours are less in US, commute is short, quality life, beautiful country. By very nature Indians spend less and save more. So even with exorbitant lifestyle you still save money.

I have seen extremely medeocre people from AndraPradesh, Maharashtra, Chennai, Indore, Delhi working on H1B here. I will tell you something additional. Lately, there is trend going that beside programmers, engineers Business system analysts, production support are also going to h1b people.

My prior employer had 100+ BSA on h1b. Why in the world you need BSA on H1b ? What is special occupation and ability? Nobody knows. It is honestly massive scam and everyone is milking the cow while they can.

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