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raj4dotnet

Can my sone apply for EAD on completing 18yrs?

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Hi Folks,

 

My H1B is valid till April-2020. And I have valid I-140 approved in Sept 2016. And GC is filed under EB2 .

Recently my elder son completed 18 yrs. He is in USA with me. And he is on H4 visa and his visa is valid till April-2020.

  • Can my son apply for EAD?
  • If yes under which eligibility category?
  • I am going through USCIS documentation for I-765 and I am confused C(36) or C(35)? Which category to use?

Thanks in advance.

Raj

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  1. Yes. You will have to consult with attorney as current administration are changing rules constantly and need to know which set of rule layer is being applied. You should know that when your son becomes 21 yo, and by that time you and him have not received Green card, his application will be automatically cutoff from your application and he will become out of status instantly.
  2. Refer to attorney.
  3. There are detailed instructions about that in form instruction page.

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On 10/15/2018 at 3:01 PM, raj4dotnet said:

Hi Folks,

 

My H1B is valid till April-2020. And I have valid I-140 approved in Sept 2016. And GC is filed under EB2 .

Recently my elder son completed 18 yrs. He is in USA with me. And he is on H4 visa and his visa is valid till April-2020.

  • Can my son apply for EAD?
  • If yes under which eligibility category?
  • I am going through USCIS documentation for I-765 and I am confused C(36) or C(35)? Which category to use?

Thanks in advance.

Raj

No, that is not possible.

The H4 EAD is ONLY for spouses of people on H1, not for children.

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