Rumors About the H-4 EAD for Spouses of H-1B Visa Holders Are Not Entirely Accurate

There are rumors about the H-4 EAD for spouses of H-1B visa holders and they are not entirely accurate. There is a freeze on judgments for the visas while there is a lawsuit in court over the legality of the stance. The government is fighting back against the lawsuit, and H-4 EAD for spouses cannot be approved while the court rules on it. This article explains why the myth is concerning for those coming to America, and it may frighten anyone who is already in the country.

 

#1: The Freeze Stops Everything

The freeze stops nearly everything in the system related to the processing of H-4 EAD visas, and anyone who is looking for an H-4 EAD visa cannot begin the process. Anyone who is already in the system will find they must wait for the judgment to come down on the case. They will wait while the visa is suspended, and they may call the government for help staying in the process while they are waiting. There are many people who may believe they cannot apply again and there are more who are afraid their applications will be kicked out of the system. The simple fact is that the government is only on hold while the court case is pending.

 

#2: Who Does This Impact?

Everyone who has an H-4 EAD for a spouse must have a look at their visa and they may check in with an immigration attorney or their own embassy if they have concerns. The court case may drag on for more than 60 days, and the case will allow the government to go on with its work or proceed accordance with the decision. The visas that have been issued are still valid during the hold, however, that may change once there is a ruling in the case. Anyone who is concerned about their visa should consult with an immigration attorney familiar with the current situation of H-4 EAD visas.

 

#3: The Source Of The Rumor

The rumor about H-4 EAD for spouses of H-1B visa holders comes from an India Times story about the US government trying to force foreigners out of jobs in the country. The story is one that leaves out many of the important details of the case and it does not account for the fact that the government has been ordered to place the freeze on adjudications because of the court case. Anyone who is familiar with the case will know that they must wait like everyone else to see how the lawsuit filed by tech workers will go.

 

These visas, used by foreign workers and their spouses, are in question during this court case involving the US government. The freeze on judgments is simply a way for the government to stay on hold while it waits to learn what it must do. Someone who wishes to get this type of visa in the future may be allowed to do so, but they must wait while the government and a group of tech workers settle their differences. To discuss H-4 EAD for spouses of H-1B visa holders for spouses of H-1B visa holders, contact the Law Offices of Sweta Khandelwal. Attorney Khandelwal has over 10 years experience with immigration law and is located in the heart of Silicon Valley.

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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