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

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

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 register permanent residence - I-485. This stage checks whether the person applying has a good character, is not criminal etc. etc.

Getting through 1st and 2nd stage takes 1 to 3 years. It's the 3rd stage which has a long wait, mainly for people from India or China.

See: http://travel.state.gov/content/visas/english/law-and-policy...

As per that link, USCIS is processing cases of folks who applied in 2007 (for EB2) and 2004 (for EB3).

This is definitely a huge relief for those folks who have decided to apply for permanent residency and have been stuck in stage 3 for many years.

P.S.: I know about this because I am from India and went through a grueling 10 year immigration process to get my green card.

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) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status. """