Living on an H1B visa is difficult. It entails a continuous balancing act between employment, immigration laws, and future planning while monitoring the six-year clock. The strain increases for people nearing the end of their H1B period who do not have an I-140, which is necessary to begin the green card application process. Take the case of an H1B employee who recently talked about their experience. Their spuse status caused them to move to an H4-EAD visa as their six-year term was almost over. There is a serious worry, though, since worries regarding the future of the EAD program are growing due to possible political changes.
Spending 365 days or more abroad is one method of resetting the H1B clock. In principle, it seems simple, but when you take into account your family, job, and personal circumstances, it becomes a demanding task. For this individual, the idea of spending a year abroad seems almost unthinkable, particularly when considering a spouse's work and a newborn. Such a decision carries a tremendous emotional cost, especially when compared to the uncertainty of staying in the nation.
Many families today rely heavily on the H4-EAD, which grants work permission to spouses of H1B holders. But in the past, it has been the subject of political scrutiny and judicial challenges. Given the possibility of a new government, there is a legitimate concern that the program may be scaled back or discontinued completely. The stakes for holders of H4-EAD are quite high. Losing the ability to work might ruin years of meticulous preparation, careers, and finances.
This is not an uncommon circumstance. Numerous members of the H1B community are facing comparable challenges:
Do I need to try to reset my H1B clock?
Is staying on an H4-EAD too dangerous?
What if the future of my family is threatened by political changes?
There are no easy answers to this delicate balancing act.
It might feel like there are very few possibilities for people who cannot or do not want to spend a year overseas.