I want to know what's the legal expert's opinion on H4EAD revoking. If the government/judiciary decides to revoke it, will the EADs be invalid immediately or will they be valid untill they expire and will be re-issued?
Mine expires early next year, I not able to decide whether to move to H1 B immediately or wait until the decision. (I will not have to go through H1B cap/lottery as has H1B in past).
The only answer most of us can provide is a guess, but I think the prevailing opinion is that current cards will not be revoked, but will be allowed to expire and then not be renewed under the program. If you are not cap-subject on an H-1B, you have more flexibility to wait (versus needing to get your H in under the FY2018 cap). But a final decision can only be made in concert with qualified immigration counsel.
* Please note that no attorney-client relationship is created by answering questions in this forum. Please contact our office at 858-451-6269 if you wish to discuss the matter in greater depth *
H1B is a better more reliable category. While H4 is under attack in a DC court. H4 EAD is by regulation and not easily overturned as an administrative order. The DC court action was filed in 2015 and dismissed once.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline