Brat1

After a long fight, the DHS has extended the eligibility for certain H4 visa holders to obtain work authorization. There are certain criteria, but this is good news for the thousands of H4 visa holders who have been denied the option to work for an honest living and contribute to the household. Very exciting day for many.....

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence | USCIS

Let me know if the link doesn't work, I'm not that savvy when it comes to pasting links

sherbert

...and very disappointing day for the rest of us still denied the option to work for an honest living!

Anyone here win the jackpot?

sherbert

I love the rationale...

"It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents."

...because someone who just spent the last 6 years working here (while their spouse didn't) to get to this EXACT goal is going to LEAVE the country during the PR process...mind blown.

ian-mstm

Ahh... quit whining. You knew what you were getting into when you chose to move on an H-1B/H-4 visa.

Ian

Brat1

Sherbert, I'm sorry, I don't know what your situation is, so don't really understand your comments. Unfortunately for me, I am still in limbo over 5 years later, and this ruling will not affect me as I am still in the process of getting an approved I-140 (long story which is all on here in the archives). I am still happy for the many thousands who have been here 5,6,8,10 years who will now be able to work and contribute to their household. So, I didn't win the jackpot, but I'm happy for those who did.

I hope you get your own situation sorted out, as reading between the lines, it looks like you're thinking of leaving

sherbert

I knew what I was getting into. That doesn't mean that I cannot criticize the system though.

sherbert

My situation is fine and not in need of sorting. I didn't move here to get PR or live here forever. I'm not thinking of leaving (yet).

My biggest issue with the H4 is that it prevents you from working OUTSIDE of the US.

My next biggest issue is with all the people who are shouting about how this new ruling will mean middle America is losing out on their jobs to H1b spouses. 1. How employable do you think people who have been out of the workforce for 10 years really are? and 2. Spouses of J's can work and take low paid people's jobs and no one cares about that.

But as ian-mstm pointed out, I went into the H4 situation fully aware of all this...

Pulaski

No, it doesn't, it prevents you from working remotely while in the US for an employer outside the US. You can leave the US at any time and work in any country where you are authorized to work.

Brat1

I agree with you about not being allowed to work for a company outside the US whilst here on an H4, and I'll never understand that ruling, but I don't make the rules. And to be honest, I've never understood the difference between the spouse of an L visa holder and us, but now that finally this new ruling has been passed, that can now all change.

I'm sorry, your previous quotes sounded like you were talking about yourself leaving during the PR process, so I've obviously picked you up wrong. Anyone who has come over here on an H visa knows that they are letting themselves in for, but knowing that, and living under those restraints, become two entirely different things and it does become very hard being totally dependent on another human being. IF I was to be completely honest, I wouldn't probably do it again had I known how much it affects you mentally after so many years, so I'm glad it's now going to change.

Steve_

I'm not clear that this rule change has much benefit for people from the UK, the idea was that spouses of people waiting for visa numbers stay H-4 for ages, but that's only been a major issue with Chinese and Indians because of the per-country limitation on visas.

Well the quota is 85,000 for H-1B and obviously not all of them are married, so they seem to be assuming there that the vast majority (if not all) of married people on H-1B are going to get an I-140 filed for them, which isn't the case.

Steve_

Have you got a link to that ruling?

Pulaski

If Mr Folinsky shows up he will probably mutter something about "no harm, no foul", and suggest talking to an experienced immigration attorney.

sherbert

Yes, yes, that's what I meant. Even though this is possible, the practicalities of it (and I've done it a few times) are pretty stressful.

Steve_

Well it's always been stated that you cannot engage in work that is paid work while in the US without authorization, it's just there is this argument about it not having any economic impact on the US so that supposedly makes it okay. CBSA actually state this in their inspector's manual on guidance for visitors, so I always wondered if there was something CBP was following that was different.

However, as a practical matter, if you're in the US more than 183 days, you are resident for tax purposes, so that means you've got to pay tax and at that point you clearly are having an economic impact so the argument goes out the window anyway. Which for people on H-4 would be the case.

sherbert

I guess because it's seen as a temporary transfer and they don't expect people to stay around as long as the H1-b-ers!

No. I was laughing about the rationale used to define which H4s can take advantage of the ruling. The US government stated that it is to help organisations retain their workers once they start going through the PR process. And I was incredulous because, let's be honest, a lot of the people who come over here from certain countries on H1b have the ultimate goal to stay forever. It's pretty much unheard of that someone who had worked here for x years then got their company to sponsor them for a greencard would suddenly decide that 'my spouse is so unhappy being unable to work we are going home right now' whilst the application is in process. All anecdotal of course...


Yep totally right. Fortunately I am still able to leave the country to work for former clients now and then so I still keep my CV current and money in the bank. I am also applying for jobs in the hope that someone will sponsor me so I don't have to spend chunks of time away from home but time is ticking and the April deadline looms...