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ehhh4 ead pothundi


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7 minutes ago, ronitreddy said:

I dun think so..New applications won't get approved anthe anukunta..

naaku ade anipistundi, existing applications ni cancel cheyadam chala pani.. not easily enforcable also.. companies gola chestaru, sudden ga employee ni peekesthey maaku problem, maaku continuity ela ani.

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9 hours ago, overlandpark_telugu said:

naaku ade anipistundi, existing applications ni cancel cheyadam chala pani.. not easily enforcable also.. companies gola chestaru, sudden ga employee ni peekesthey maaku problem, maaku continuity ela ani.

travel ban sesaru kada man. daani mundu idi entha. 2% of overall EAD's , so companies em godava seyyav.

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10 hours ago, ronitreddy said:

I dun think so..New applications won't get approved anthe anukunta..

Wrong. If the program gets cancelled  then even  existing vallaki kooda theesestharu.

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Why are we Worried about the H-4 EAD?

By ImmigrationGirl July 28, 2017Green CardH-1BI-140Legislation35 Comments

 

Over the last six months, one of the top questions I hear is “What’s going to happen to the H-4 EAD?”

Why are people so worried? A little over two years ago, USCIS announced a new rule that would allow certain H-4 visa holders the opportunity to work. A month before the rule was set to take effect, Save Jobs USA filed a lawsuit seeking to stop the rule from being implemented. The plaintiff in the lawsuit is a group of computer workers who were formerly employed at Southern California Edison.

Save Jobs argued that the H-4 EAD should have been issued through legislation, not through regulation and therefore the rule should be vacated. The group further alleges that they were displaced by H-1B workers and will now face even more competition from H-4 EAD holders.

The court granted summary judgement in favor of the government, finding that only a subset of H-4 visa holders would be eligible to obtain EADs and Save Jobs USA did not establish that its members would be harmed by having to compete against a subset of H-4 visa holders for jobs. In addition, the court went on to state that Congress delegated authority to DHS to set rules regarding employment authorization and DHS was reasonable in using that authority to grant EADs to some H-4 visa holders. The case was closed at the district court level on September 28, 2016.

Save Jobs USA immediately filed an appeal to the United States Court of Appeals for the District of Columbia Circuit…and then the election happened.

First, the government requested an extra 60 days to respond to the appeal to allow “incoming leadership personnel adequate time to consider the issues.”

Then, the government asked that the case be held in abeyance for another 180 days to give DHS time to reconsider the H-4 Rule and decide whether issuance of a notice of proposed rulemaking relating to it is appropriate. The government indicated that it would update the court every 60 days concerning the Department’s review and inform the Court promptly should it determine whether a new rulemaking is or is not appropriate before 180 days elapses.

The court granted the stay on June 23, 2017 and directed the parties to file further motions on how they wish to proceed by September 27, 2017.

At this time, we do not know whether the government has provided updates to the court regarding their progress in making a decision about what they want to do with the H-4 EAD. However, we do have new reports from USCIS which give an overview of all categories for which employment authorization documents (EAD) are provided to foreign nationals. They also specify which employment authorization classes are specifically authorized by statute and which classes are provided to foreign nationals as a matter of the discretion of the Secretary of Homeland Security.

In Fiscal Year 2016, USCIS approved 1.8 million EADs. And how many of those went to H-4 holders? Just 2%! And, these numbers are based on applications approved, not individuals. In other words, they include applications for renewals and replacements of EAD cards. (On another topic, the number of STEM OPT applications approved is about the same, again just 2% of all EADs issued by USCIS last year).

And, let’s think about who gets the H-4 EADs. It is not all H-4 holders. It is not even all H-4 holders with a spouse’s approved I-140. The only people who need it are those who are waiting in line for a green card, but can’t file the I-485 yet. If they were born in a different country, they would have filed the I-485 and would not need an H-4 EAD because they would have a green card and would be able to work anyways. The only thing the H-4 EAD does is move up the timeframe in which some green card applicants can begin working.

The H-4 EAD may be an easy target for the Trump administration given his concerns over H-1B abuse, but the vast majority of EADs are given to other groups, including asylum applicants, DACA, TPS, and those with pending Adjustment of Status applications. We should continue to allow this small group of H-4 holders to work while they are waiting in line for a green card. They are here legally, going through the process to become permanent residents. Let them contribute to the economy while they wait.

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22 minutes ago, nissan said:

Why are we Worried about the H-4 EAD?

By ImmigrationGirl July 28, 2017Green CardH-1BI-140Legislation35 Comments

 

Over the last six months, one of the top questions I hear is “What’s going to happen to the H-4 EAD?”

Why are people so worried? A little over two years ago, USCIS announced a new rule that would allow certain H-4 visa holders the opportunity to work. A month before the rule was set to take effect, Save Jobs USA filed a lawsuit seeking to stop the rule from being implemented. The plaintiff in the lawsuit is a group of computer workers who were formerly employed at Southern California Edison.

Save Jobs argued that the H-4 EAD should have been issued through legislation, not through regulation and therefore the rule should be vacated. The group further alleges that they were displaced by H-1B workers and will now face even more competition from H-4 EAD holders.

The court granted summary judgement in favor of the government, finding that only a subset of H-4 visa holders would be eligible to obtain EADs and Save Jobs USA did not establish that its members would be harmed by having to compete against a subset of H-4 visa holders for jobs. In addition, the court went on to state that Congress delegated authority to DHS to set rules regarding employment authorization and DHS was reasonable in using that authority to grant EADs to some H-4 visa holders. The case was closed at the district court level on September 28, 2016.

Save Jobs USA immediately filed an appeal to the United States Court of Appeals for the District of Columbia Circuit…and then the election happened.

First, the government requested an extra 60 days to respond to the appeal to allow “incoming leadership personnel adequate time to consider the issues.”

Then, the government asked that the case be held in abeyance for another 180 days to give DHS time to reconsider the H-4 Rule and decide whether issuance of a notice of proposed rulemaking relating to it is appropriate. The government indicated that it would update the court every 60 days concerning the Department’s review and inform the Court promptly should it determine whether a new rulemaking is or is not appropriate before 180 days elapses.

The court granted the stay on June 23, 2017 and directed the parties to file further motions on how they wish to proceed by September 27, 2017.

At this time, we do not know whether the government has provided updates to the court regarding their progress in making a decision about what they want to do with the H-4 EAD. However, we do have new reports from USCIS which give an overview of all categories for which employment authorization documents (EAD) are provided to foreign nationals. They also specify which employment authorization classes are specifically authorized by statute and which classes are provided to foreign nationals as a matter of the discretion of the Secretary of Homeland Security.

In Fiscal Year 2016, USCIS approved 1.8 million EADs. And how many of those went to H-4 holders? Just 2%! And, these numbers are based on applications approved, not individuals. In other words, they include applications for renewals and replacements of EAD cards. (On another topic, the number of STEM OPT applications approved is about the same, again just 2% of all EADs issued by USCIS last year).

And, let’s think about who gets the H-4 EADs. It is not all H-4 holders. It is not even all H-4 holders with a spouse’s approved I-140. The only people who need it are those who are waiting in line for a green card, but can’t file the I-485 yet. If they were born in a different country, they would have filed the I-485 and would not need an H-4 EAD because they would have a green card and would be able to work anyways. The only thing the H-4 EAD does is move up the timeframe in which some green card applicants can begin working.

The H-4 EAD may be an easy target for the Trump administration given his concerns over H-1B abuse, but the vast majority of EADs are given to other groups, including asylum applicants, DACA, TPS, and those with pending Adjustment of Status applications. We should continue to allow this small group of H-4 holders to work while they are waiting in line for a green card. They are here legally, going through the process to become permanent residents. Let them contribute to the economy while they wait.

 

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8 hours ago, TampaChinnodu said:

travel ban sesaru kada man. daani mundu idi entha. 2% of overall EAD's , so companies em godava seyyav.

lets see. em avuddo..my hope is this h4 ead doesnt go away at all.

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  • 1 month later...
Just now, ronitreddy said:

Matter in 2 words yes or no?

do not expect anything anytime soon. It will take time. At least few months. no one knows vuntunda pothunda long term lo . But short term lo ite safe for now.

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