USCIS will begin accepting applications for EADs from eligible H4 visa holders today. As part of the Executive Action in November, President Obama announced that certain H4 visa holders would be eligible to apply for Employment Authorization. In order to be able to file, the H1B spouse must either have an approved I-140 petition or the H1B spouse had his/her H1B extended beyond 6 years based on AC21. Please contact us if you would like to determine if you are eligible for the H4 EAD.
Based on the recent AAO decision in the Matter of Simeio Solutions LLC, USCIS has posted guidance on when H1B amendments are required. Any time an employee is moved to a new work location outside the current MSA, an amended LCA is required to be filed along with an H1B amendment. The employee can commence working at the new location as soon as the H1B amendment is filed and employers need not wait for a decision on this petition. For those employers who relied on earlier USCIS policy and did not file an H1B amendment due to a change in work site, USCIS is providing a grace period until August 19, 2015 to file these H1B amendments and remain in compliance with this new policy of USCIS. After August 19, 2015, employers and employees will be considered to be out of compliance with USCIS policy and regulations. Please contact our office immediately if you would like help in remaining compliant with this new policy of USCIS. You can view the full advisory here.