Will H4 EAD applied now be approved as DHS is working on revoke rule?

H4-EAD
1

Hi Anil,
My spouse’s H1 and my H4 EAD are expiring on July 9th 2019, We are planning to apply for his H1 extension and my H4 EAD renewal 180 days prior to their expiry (falls around Jan 15th, 2019).

Will DHS implement H4 EAD removal before Feb 2019?

How long does it take for their approvals and under the present circumstances, are there any chances of the renewal of my H4 EAD safely before the revoking law is even implemented.

Appreciate your thoughts in this regard.
Thanks.

2

H4 EAD processing time

We track Current H4 EAD processing time here:
https://www.truvisa.com/t/current-h4-ead-l2-ead-processing-times-vermont-texas-california-nebraska/156

It is currently taking about 150 days.
Since H1B premium processing is not available until Feb 19, 2019, your H1B and H4 extension approval will also take quite long.

https://www.truvisa.com/t/current-h1b-processing-times-nebraska-california-vermont/155

If premium processing was available and you file all 3 application together, the chances of approval within 15 days would have been very high.

DHS will not be able to revoke H4 EAD until Nov 2019 - My opinion

As per my opinion, H4 EAD removal will not be finally implemented until next year Nov 2019. I have created a small estimation chart based on tentative dates here:
https://www.truvisa.com/t/h4-ead-may-be-withdrawn-by-dhs-in-2018-bad-news/76

3

Appreciate your swift response Anil.
This blog is definitely and awesome place to help us refrain from a lot of visa related myths.

Is it good to wait for H1B premium processing suspension to get over and then file H1B extension?

Another thing I would like to hear from you is, Is it a good idea to wait for sometime and file for all the 3 extensions after Feb 2019(when the premium processing resumes) , which according to you is going to take less than a month.

Thank you

4

You can do that and it certainly is a good idea.

On the other hand, H1B application can be upgraded to premium anytime after filing it but the problem you will face is with H4 and H4EAD. H4 and H4 EAD do not have any premium processing option on their own.

So, the idea is good to wait until the premium processing returns.
But, remember, there is no guarantee the USCIS will not extend the suspension.

I would say that wait for DHS decision movement on H4EAD and then decide course of action in Jan.