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How
to Qualify the H-4 Spouse Requirement for Work Permit (EAD)? |
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How
to Qualify the H-4 Spouse Requirement for Work Permit (EAD)? |
| Hi
William: I knew the H-4 spouse rule for Work Permit. But how to qualify for the requirement of "H-1B status extension beyond 6-years"? Answer: One eligibility of Employment Authorization (EAD) for H-4 visa spouse is based on the Form I-140 approval by U.S. Citizenship and Immigration Services (USCIS), It is required that the H-1B spouse is the beneficiary of an approved immigrant petition based of I-140 Form. The approved I-140 petition for the H-1B visa holder can be in any employment-based category, such as employment-based first preference (EB1), second preference (EB2), or third preference (EB3) categories. With an approved USCIS Form I-140 for H-1B visa holder, there is not other requirements from USCIS, such as how much time the H1B worker or H-4 spouse have spent in U.S., or how lang the I-140 petition has been approved. Another eligibility of Employment Authorization (EAD) for H-4 visa spouse is based on the H-1B spouse's status extension beyond 6-years. If the H-1B visa holder has obtained an H-1B extension beyond the 6-year limit, based on the AC-21 rule, the H-4 spouse is also eligible to apply for an Employment Authorization. The AC-21 rule allows some H-1B visa holders to extend their status beyond the 6-year standard limit in one-year increments.: * First, an H-1B worker can extend the visa if the worker is the beneficiary of an approved Form I-140 immigrant petition, and cannot file an Form I-485 Green Card application because the worker's priority date is not current. * Second, an H-1B worker can extend the visa if a U.S. employer filed a Labor Certification application (a PERM) or an I-140 petition on the worker's behalf prior to the beginning of the 6-year in H-1B status, as long as that application/petition is still pending, and is at least 365 days prior to the end of the sixth year of H1B status. The eligibility for these one-year extensions is based on the H-1B spouse being the beneficiary of either a PERM labor certification (PERM) application or an Form I-140 immigrant petition that was filed at least 365 days prior to the end of the 6-year of H-1B status. It is not necessary for the PERM Labor Certification or the Form I-140 to have been approved to extend their status beyond the 6-year standard limit in one-year increments. But, it is necessary for either the PERM Labor Certification or I-140 to still be pending, meaning not having received a final denial or revocation decision. |
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