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H4 EAD for PERM approved, I140 pending

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  • H4 EAD for PERM approved, I140 pending

    Hi Mr. Shaw,
    Here is my case, my husband had his PERM processing applied when we had less than 365 days of his 6 years of H1B expiring.We had to leave US as the PERM didnt get approved before our six years of H1B got over. While we were in India, his H1B was extended as the PERM processing took more than a year, eventually his PERM got approved and we traveled back to the US and now his I140 is pending for more than 7 months.

    Will I be eligible for the H4 EAD ? My worry is since the PERM wasnt started before 365 days of 6 yrs of H1B, not sure if I fit into the criteria to apply for H4 EAD.

    Thank you for all your help.

  • #2
    If the h1 is extended, you should be fine but i will recommend filing premium on the i140. Please call us at 5107425887 and we can assess the situation further.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV.


    • #3
      Thank you so much for your response. Will give you a call.


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