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Can you apply for H4-EAD with Spouse's H1-B 3-year extension under AC21?

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  • Can you apply for H4-EAD with Spouse's H1-B 3-year extension under AC21?

    My spouse has an approved I-140. His 6 year H1-B limit ended in April 2015 but got his 3-year H1-B extension until April 2018 on basis of his approved I-140.

    Now my husband is considering to change jobs and most likely his previous employer will revoke his I-140 since he will be no longer with the company.

    Question: Can I still apply for H4-EAD on the basis of his 3-year H1-B extension under AC21?

  • #2
    Yes based on the ac21 rule if extension after 6 years is approved, you can apply h4 ead. Call us if you need help. 5107425887
    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.

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    • #3
      Thanks Shah for your response. I read the H4 FAQ section on h4toead.com, and just wanted to confirm if the 3-year H1-B extension post 6 years specifically falls under sections 106(a) or (b) of AC21. From website: "You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21."

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      • #4
        Yes, indeed once you pass the 6th year and you have an extension either based on 365 days or already granted, you can also file for the h4ead.
        Visit www.h4toead.com
        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. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
        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.

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