H4 ead

[Archana]

I need your help in determining eligibility of my spouse for new H4 EAD rule. I may need your assistance in filing my spouse EAD as my case is not straight forward.

My case goes as below :
I have completed more than 6 years in US. I had my I-140 approved with my previous employer. I have recently changed my employer and my Perm processing with new employer is in advertisement stage. They should file my perm by April 2015.

Is my wife is eligible to file for EAD right now? or when to start the process of filling for EAD
Do I need to wait for my perm to be filed before I can start filing for her EAD?
Does she need to be in US whole duration while filing for EAD.

I also want to understand your fees as well when I want you to file her case.


Thanks and hoping for your quick response.
Alok

[shah]

Hi Alok,

Well since the rule says either approved I-140 or AC 21 6th year extension, it seems your wife will actually be eligible. The prem has to be pending 365 or an extension granted. You might also rely on the old I-140 provided it has not been revoked. I recommend she stays in the US during the EAD process. Note that this is a new process and until we actually test it, there will be glitches on the system. We will be glad to help you with your case. You can email us and we will be more than glad to help.

http://www.splawforum.com/threads/352-How-to-Apply-for-your-H4-EAD-Do-you-need-help-in-applying