What will happen when the H4 EAD rule will be revoked

The H4 visa earlier allowed the partners of the H1B visa holders who were given these visas to get employment authorization documents (EAD’s). As per these documents, they were eligible to be employed in the country of US. This privilege of such US employment was allowed to them because the Obama administration made such a rule in 2015. But, now Mr. Trump is the president of America and he introduced a new rule as per which he is in the process of abolishing this privilege. The decision on its abolition will take place in June 2018 after getting relevant public feedback on it.

An H4 visa has no chances of getting transformed into the H1B visa. There are high differences between the H4 and the H1B visas. The H4 visa is allowed to the wife/husband of someone who gets the H1B visa due to his/her employment in the US.

Since no clear-cut decision has not been announced on the H4 EAD as yet, the USCIS is still accepting new applications for this visa. Even the existing visa holders are getting their visas renewed. But it’s still a matter of months before the final decision happens.

Whenever the cancellation of the H4 EAD  will happen, the concerned visa holder will still have the right to work till the expiry of their H4 EAD. These kinds of working rights are also possible for those who have received the extension of the H4 EAD, now or afterward, but before this revocation actually happens.

Is it possible for an H4 EAD holder to get an H1B visa?

An H1B visa is just available when a US  employer decides that you are worthy of getting sponsored for it.

Get sponsorship from your employer

For the spouse, who is already on an H4 EAD, he/she can get the H1B visa by asking the existing employer to sponsor him/her for the same. The next step will be your selection in the lottery, if that happens, you can get the H1B visa.

To get the H1B visa, you have to search for credible employers who are ready to sponsor you for this visa. And this search has to be done alongside the employment on the H4 visa.

Another way to start working in the US, if you are the spouse of an H1B visa holder is to start doing some course here. Along with the course, you can, do optional practical training. If your employer during this training is ready to sponsor you for an H1B visa, you can get your own work permit without being dependent on the spouse.

If you are already working on H4 EAD

However, if the work authorization as per H4 Visa gets canceled for the spouse, they won’t be forced to leave their existing job and stay in the house. He/she will have the option to get the H1B visa for some time if they have not worked in the USA for 6 years as per H4 EAD which is the maximum duration of the H1B visa.

Click here for Latest CRS draw

Back To Top