Is there any latest update on Rule of H4 Spouse EAD? Recently i was able to browse this particular article related to above subject as posted in the link below. Can you give me some insight what is this all about?
It looks like it is currently in review status.
12/8/2013 2:05:30 PM
The DHS made an official proposal for this rule change almost exactly one year ago. It followed the regular rule making process and got to the While House Office of Management and Budget (OMB), but instead of continuing from there in the regular process with public comment, etc., which would have seen it finalized and put into effect in a few months, the OMB has 'sat' on it for a year. While not stated, it is clear that this was a willful delay by the White House because of the then ongoing immigration reform efforts in the Senate (resulting in S. 744 comprehensive immigration reform bill). With the hopes of immigration reform dwindling because of the Republicans in the House of Representatives, this rule is being 'talked about' again.
Even [u][b]if[/b][/u] the OMB gives their initial approval and this rule restarts the regular process, it would still take a few months to be finalized and put into effect by the USCIS.
Also, it is important to remember that this proposed rule is limited to spouses on a H-4 visa whose primary beneficiary's H-1B visa has been extended past the initial 6 years with an approved I-140 petition.
Thanks Amazon and catx.
So, if this is still in review stage, what could be the estimated time when this rule could take effect based on the given date as publish on Fall 2013? How many stages more would this rule be processed before its finalization?
12/9/2013 9:42:09 PM
Back in January Amazon posted a 3 part blog on "EAD for H4 Visa Holders", which covers this subject in detail ...
[url=http://blog.mygcvisa.com/2013/01/updated-ead-for-h4-visa-holders-part-1.html]Updated: EAD for H4 Visa Holders - Part 1[/url]
[url=http://blog.mygcvisa.com/2013/01/updated-ead-for-h4-visa-holders-part-2.html]Updated: EAD for H4 Visa Holders - Part 2[/url]
[url=http://blog.mygcvisa.com/2013/01/updated-ead-for-h4-visa-holders-part-3.html]Updated: EAD for H4 Visa Holders - Part 3[/url]
As Amazon wrote in "part 3" ...
[i]The H-4 Proposed Rule was submitted to the OMB of the White House on December [b]10, 2012[/b]. If it is approved in 30 days* with the 60-day comment period, and the USCIS submits the Interim or Final Rule after considering all the comments received in about 90 days after the approval of the Proposed Rule, it adds up to 120 days. Adding another 30 days for OMB review of the Interim or Final Rule, it will add up to 150 days. Assuming that the Interim or Final Rule is published in 30 days after the approval, it adds up to 180 days. The foregoing is the "best" possible scenario. [u]Even under the best scenario, the total rule-making process will take "at least" six months or longer[/u] [emphasis added - catx].[/i]
* Instead of the customary 30 days, as I noted in my previous post the OMB has 'sat' on this proposed rule for [b]~330 days[/b] ... and counting.
As underlined in Amazon's blog, it will be at least 6 months [u]after[/u] the OMB approves the Proposed Rule for public review and comment (whenever that may be) before a Final Rule would be published in the Federal Register and enacted by the USCIS.
In other words, there is no way of knowing when, or even if, this Proposed Rule will become a Final Rule and enacted by the USCIS.