H4 ead是箭在弦上必须发射的了。关键还是两点：1. 什么时候接受申请；2. 递交上去
多少天内批复。下面引一段老印论坛的帖子。
We had done a Q/A last time we attended the OMB meeting and I like that you
all have already come up with a list. I will try to answer those one by one:
1) The obvious one - when will it be published? I know they will not answer
this. But request them to give a date i.e. by latest March 31, that way few
of us can plan out things. Try getting some idea of the date.
Ans: Never given out. We tried it multiple times at the last OMB meeting.
The guy leading the meeting finally told us that even if the rule is coming
out at 4pm (our meeting was at 3pm), we still cannot tell you. So, yeah
please do not expect a date coming out of this meeting. But the date 3/31/15
certainly looks interesting. We will definitely ask what it means and does
the rule have to approved by that time. Lets see what they say.
2) When will it be effective? Usually, it's effective 30 days but some are
saying 90 days. I would request you to tell them to PUBLISH WITH IMMEDIATE
EFFECT.
Ans: Is this OMB's call or USCIS? I do not know. Can someone confirm? Rules
are usually implemented within 30 days to allow for the agency to adjust. I
doubt it will go to 90 days. If it is not OMB's call, then if an USCIS
person is there, we can certainly ask him.
3) Can they allow premium processing like for H-1B. Again I do not think
this is possible right now, but maybe if we put forward our request they
might think about it?
Ans: This is a question for USCIS and not OMB. But the answer will be No.
H1B/H4 processing can be done in premium processing but not EADs and COS. If
it was allowed, don't you think that people on EAD/AP would have used this
option instead of being tensed when their EAD is about to expire? So, this
option will also not be available for the H4s.
4) Average Time to process EAD cards(with this info we can guess if we are
ready with officers for processing or not)
Ans: Question for USCIS. The answer will be 90 days. This was talked about
in detail at the Public engagement. It is usually less than that and
sometimes higher. I had asked in detail about this to the Public relations
lady. She said that "legal immigrants" can ask for Expedite Processing after
75 days or open an SR after 90 days. DACA applicants and later DAPA
applicants will be allowed to do it only after 100 days. Nice to know that
for once we are given preference.
5) They are planning to arrange on any teleconference about questions on
filling the EAD forms once the rule is published...If not you can request
them to do...
Ans: Question for USCIS, not OMB. We can ask the USCIS person.
6) Was there any change in the rule before sending to OMB?
Ans: The H4 eligible pool has not increased. The only change I noticed has
been to provide documentation of relationship. A marriage certificate will
do. They will probably say we have to wait for the final rule to be
published to see other detailed changes. But we have already seen that the
H4 eligibility pool is the same.
7) How will transfers from F1 or H1 to H4 and then EAD be handled without a
potential break in employment status? Can they issue H4 797 and EAD card
with same effective date?
Ans: Question for USCIS and not OMB. We can ask OMB if this is addressed in
the final rule. But that can potentially open a can of worms as it might
delay the rule if OMB sends the rule back to USCIS to clarify this. I am not
sure.
8) Is there any plans to handle h4ead applications separately from DACA EAD
apps since that will be in millions, if not how do they plan to handle the
mass applications in general?
Ans: Again, question for USCIS. This could get tricky as we are questioning
the effectiveness of the agency. I do not think this will be the right place
to ask that question. Maybe at the next public engagement meeting with Leon
, but not at an OMB meeting.
I see we have more questions for USCIS than OMB. No wonder USCIS does not
allow private meetings with stakeholders.
