Got good job offer, Abandon H1B and move to India when H4 EAD is being terminated?

Hi Anil
I follow your blogs and I appreciate the way you put information thanks for that.
I am actually looking for advice here.

I am on h4 but I do have cap exempt h1b, but due to personal reasons I went on h4, now I am ready to work again but somehow these issues with h1b is hitting my job search as employers not willing to invest with uncertainty around h1 Visa specially with this third party.

I was hoping for h4 ead but that too looks in trouble now.

Our GC is not initialized yet, it may initialize in 2/3 months

But with all these issues around visa policies my husband thought of looking opportunities in India and he has got a really good offer from India too.

But now we are really confused if we should go back to India or wait and watch here.

Is there any hope with h4 ead?

It will tk 1.5 years for me to get it and looks like rule will be revoked by then
Please suggest

Well, nothing can be said with full confidence at this time.

Regarding H4 EAD, DHS has indeed made up their mind to withdraw it by June 2018 now.
That’s why DHS has even stopped defending the SaveJobsUSA court case.

In the Obama government, DHS was strongly defending it though. They have taken a complete U-turn due to pressure from Trump.

So, the chance of saving H4-EAD look bleak even though various technology companies are backing it up.
If the Trump wins next election in 2020 too, the H4 EAD is never going to come back.

H1B policy has also taken a serious turn against the consulting companies.
The approvals (if any) won’t come easy and certainly not without a sword hanging on the head all the time.

My opinion on H4 EAD

I would still suggest that you can wait and watch as they cannot completely take away the H1B without changing the law in congress.
Do NOT take decisions based on H4-EAD at this time. As per the current political situation, H4-EAD will go away sometime in 2018 or by mid 2019.
The only hope would be H1B for you and that too, if you get a job offer from a known and probably a direct client company.

Job in India can be found a year later too and in-fact, if Trump makes H1B approvals hard, jobs would most probably be MOVED outside USA, to India. You can easily find one at that time as per my opinion.

Many people on H1B, that I have spoken to, are also thinking of moving to Canada or Australia fearing the H1B backslash and 15+ years of waiting with Indian Green Card queue.
The jobs are less in those countries, as compared to USA, but they do give their Permanent residency (Green Card) easily.

Does that help?

Thanks Anil We have been thinking the same
But the problem I am facing now for direct employment is status h4
Employers are somehow reluctant to give call after hearing the status as h4 even though i tell them that I have cap exempt h1 and it can be converted any time of the year
Only third party are ready to convert which route has just gone tricky
If you can guide how to tackle this issue I will be really grateful

I would say that at-least start with whatever third party consulting company offer you get.

They have to manage the paperwork with USCIS with respect to new guidelines, unless they are ready to give-up on new document proof demands.

There are thousands of such companies and I am sure they will find ways to mitigate this challenge. They have to earn their bread and butter too.

Once you have something in hand, you can keep looking for other direct hire opportunities.
They will also pop up once USCIS starts rejecting third party consultant applications. They have to get work done and need people.
If they can’t hire a consultant, they will have to open a full time direct hire position.

Thanks Anil for your response

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