civilservant

https://www.theguardian.com/us-news/...-right-to-work

Forgive my ignorance, but I believed that H4s could never work until the GC process and the associated EAD.

This article seems to imply otherwise - or appears to be conflating 2 different things. The right to work on an H4 (which doesn't exist) versus the right to work while persuing a Green Card as spouse of the H1 (presumably an EB application of one sort or another)

fbf2006

Yes, there is no right to work on an H4, unless your H1-B spouse has an approved I-140 petition. At that point you can apply for an EAD card.

ian-mstm

To clarify, it's the I-485 that actually provides the basis for the EAD application... not the approved I-140. However, the I-485 can't be submitted until after the I-140 is approved.

By the way, it's an H-1B, not an H1-B.

Ian

Pulaski

I think the article is clear, but only if you understand the wording used, because it does say ".... and has applied for lawful permanent residence ...". In other words, "has applied for a green card".

civilservant

Agreed - but it's a nuance that would be lost on the average Joe.

Pulaski

That there even are different types of work visas would be lost on the vast majority of the US population.

I have, on rare occasions when having a conversation with Americans about visas and immigrant, pointed out that that there is no route for most of the illegal Mexican/Hispanic immigrants to take to get legal status in the US. This has been a surprise/ shock to anyone I have ever told.

Olly_

This H-4 EAD rule is specifically for people who have approved I-140's but can't file the I-485 to adjust status because their country of birth has no visa number available. It doesn't really apply to people born in the UK because EB-1, EB-2 and EB-3 are all current at the moment, primarily it will affect people born/chargeable to in India or China.

If you were born in the UK, are here on a H-4 and the I-140 and I-485 have been concurrently filed you'll still get an EAD even if this rule is changed.

tom169

You're telling me that anyone who gives birth to a child in the US isn't immediately a US citizen and has a benefits check inside a congratulations card?

Pulaski

Go back to fending off burglarizers with your AR15.

tom169

Yes sir.

fbf2006

It's actually the approved I-140 that is the basis of the H-4 EAD. There is another EAD that can be gotten when filed with the I-485.

Thanks for the correction of H-1B.

ian-mstm

As with Highlander... there can be only one. The EAD is the same.

Ian

fbf2006

lol The purpose of the EAD is obviously the same. There are just different rules as to who is eligible to apply for one. Someone on H4 can apply for it once their spouse has an approved I-140 (this is mostly helpful for those whose priority dates are not current and thus cannot file the I-485, typically Indians). EB applicants and their spouses filing for I-485 can also apply for it.

mrken30

It looks like the Trump may be clamping down on H-1B workers.

https://www.recode.net/2017/4/3/1516...ring-crackdown
https://www.axios.com/computer-progr...mpaign=organic