8老師，
想向您請教一個關於H4 EAD的問題。My H-1B will hit the six year mark in early next year but it has been extended beyond the 6 years into 2018 based on my pending PERM (the PERM acutally was finally certified a couple of days ago). I always thought that H4 EAD requires either an approved 140 or H-1B exceeding and granted extention beyond the 6 years stay. But based on my reading of the following, it does not seem to require that H-1B exeed the 6-year mark but have been granted extention under AC21. Is my reading right and may I be able to apply for EAD for my spouse on H4 before I hit the 6-year mark?
Also, how much time do you think it needs for preparation for I-140 filing in the best scenario and fastest manner, of course, this will be through employer's attorney?
I really appreciate your inputs and help. Thanks a lot.
You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.
