H4 EAD News DHS Revoke Rule Questions & Answers

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With the confusion around H4 EAD, is it advisable to apply for H4 EAD. I got my I140 approved last week and planning to apply for EAD.

Please let me know your thoughts

Hi @Vamsi_Krishna_Maring

Do not worry about the H4 EAD news at this time. Nothing is final and this drama is going on for last 2 years.

I strongly advise to apply for H4 EAD if you are eligible.

Hi Anil,
I am currently on an H1B valid till Dec 2019. Since my employer has decided not to go ahead with my PERM filing, I plan to go to India for an H4 stamping in Aug once my husband’s I140 is ready. Do you think it is still a viable option for me to apply for an EAD sometime in Sept 2019?
Please advise.

Hi @divya_nathan

H4 EAD is available until it is finally removed. You can file it.

Hi Anil,

My wife is in OPT and currently picked in H1B lottery, received RFE and waiting for her employer to reply for RFE.

Meanwhile i am expecting my 140 process to be approved by USCIS around October 2019.

Can i Apply to H4 EAD in case her H1B is not approved by October and still with USCIS?

Hi @svkishore1988

You can apply both H4 and H4 EAD once your i140 is approved.

H4 EAD needs H4 status.

Thanks for Reply, just an doubt if i apply both H4 and H4 EAD with H1B petition pending with USCIS, will my H1B will be voided once H4 is approved? say if my H1B petition is approved after converting to H4 can i move back to H1B?

Hi Anil,

I just want to know as per your knowledge about the H4 EAD revocation are they going to revoke the H4 EAD for sure?, I am planning to apply for H4 EAD very soon can you share your thoughts on this.

Hi @svkishore1988

How has your H1B been filed? Change of status or consular processing?

If it is change of status, then it depends on what gets approved first i.e. H4 or H1B. The one to get approval last will define your status.

H1B is not cancelled if you file H4.

Hi @ravich

As the government is actively working on removing H4 EAD, we can expect it to go away sooner or later.

A post was merged into an existing topic: H4EAD to H1B change of status in lottery

Hi Anil,

My spouse got his I-140. Can I apply for H4 EAD at this time or I should wait to see what will happen to the H4 EAD decision? The Revoke rule affect the chances of H4 EAD approval and in case if gets approved, will they revoke the H4 EAD as soon as the rule is passed? Please advise.


Hi @kalai

At this time, I suggest to go ahead and apply H4 EAD.

The H4 EAD revocation rule has been pending for 2 years now and there is no insight into when it will finally be released. You have enough time.

Go ahead and apply.

A post was split to a new topic: H4 pending, H1B approved with consular processing

looks like opinions has been given.

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.

Hi Anil,

Will H4 EAD be revoked/published in March/2020? Or is the revocation going to get delayed and will take more time? Please let us know your thoughts.

I have already shared my views on the H4 EAD termination news tracking page. Please read.

A post was merged into an existing topic: EAD Processing Time 2020 - H4, L2, I-485 Questions & Answers