DHS asks Court to not terminate H4 EAD - Good News

Hi there, thanks for your article and estimated timeline in each case.
I have a question.
My current H4 EAD is valid till Jan 2020, which mean i can file another extension in October 2019. However, according to your timeline and DHS progress, it is not sure if H4 EAD rule stays valid till that time.

Since my husband is planning to switch his job. And he needs to have an H1 transfer which will be valid from the day of transfer to next 3 years. Let’s say he gets a job in December 2018 and apply for H1 transfer.

Can I also apply for H4 and H4 EAD renewal along with that? If that is possible, it gives me some more EAD life (Dec 2018 to Dec 2021) to find a better solution meanwhile.
thank you very much

Yes, you can try that option.

Update Sep 27, 2018 - US Senator send letter to USCIS

U.S. Senators Kamala D. Harris (D-CA) and Kirsten Gillibrand (D-NY) sent a letter to USCIS and DHS urging them not to revoke employment authorization for roughly 100k high-skilled immigrant women, mostly from India, currently covered under the “H-4 rule.”

I hope this push from IT industry and Senators help turn the tide against H4 spouses!

Update Oct 17, 2018 - DHS updates Rule making page

DHS has updated their rule making agenda page with the estimated publish date as Nov, 2018.

DHS thinks that they will save costs of operation when H4 EADs are stopped.
Also, employers of H-4 workers could incur costs when their employees’ EADs are terminated.
Does that mean that existing H4 EADs will not be allowed to continue with their validity? Only time will tell.

Nov 26, 2018 – HR 7150: H4 Employment Protection Act of 2018

DHS has NOT published any rules yet as we reach end of Nov.

California Congresswoman introduced H.R. 7150 bill to protect H4 EAD work permit from DHS removal.
If H4 Employment Protection Act of 2018 bill becomes a law especially with Democrat majority in house, it might bring a big relief for H1B families.

The bill stands low probability of approval before DHS H4-EAD termination.
It would be interesting to see if the bill moves faster than DHS speed of removing work authorization.

Dec 17, 2018 - Immigration Voice files appeal in Federal court in favor of H4 EAD

Immigration Voice reports that their appeal against H4 EAD removal accepted by federal court for hearing! Good news!

This will give them a chance to argue and put forward their views in favor of H4EAD workers in front of federal court.

what is Immigration voice ?

Hi @Sandhiya_Arumugham
Immigration Voice is an independent non-profit organization lead by an Attorney. Their main purpose is to safeguard H1B’s interests and fight for removing country based limits thereby decreasing the long wait for Green Card.

Most of the members in this organization are from GC backlogged countries like India and China.

You can read more about them here:
https://immigrationvoice.org

Feb 21, 2019 - Removal Rules Submitted to OMB

H4 EAD news update today : Finally, DHS has submitted the revoke rules to OMB and marked it as ’ Economically Significant ’ which means that OMB will wrap up comments period within 30 days.

April 2, 2019 - DHS to Federal court - H4 EAD does not impact US workers

DHS informs federal court in SaveJobsUSA vs DHS court case that SaveHobsUSA has not provided any proof that it adversely affects the job prospects of American workers.

This is good news.

Update April 29, 2019 - SaveJobsUSA reply in federal court

#SaveJobsUSA has repeated d same point in their federal court hearing today:

  1. Congress has not given authority to DHS to give out EADs.
  2. Majority of #H4EAD holders are working IT sector and taking away American jobs.

Federal court has not given any opinion yet.

Update Nov 8, 2019 - Good news

H4EAD Good News today as SaveJobsUSA vs DHS case reaches result and court decides in favor of DHS.

ImmigrationVoice reports that court did not find DHS overstepping its authority in issuing H4 EADs. Court has sided with H4 EAD workers and SaveJobsUSA can now ask for re-trial in the lower court, which had earlier sided with DHS too.
SaveJobsUSA had claimed that DHS has no authority to issue H4 EAD work permits.

Note that DHS is still on its way to H4 EAD as per their intentions using the rule making process. This result of this court case is kind of a temporary relief.

Update May 6, 2020 - Good news

H4EAD Good News today from SaveJobsUSA vs DHS case. DHS has changed its stance and has asked federal judge to not stop H4 EAD work authorization rule.

We track this news on blog now.