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H4 EAD (perm approved but I 140 not yet applied)

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My spouse's H1b max out is on 22 Jan 2016.

The employer had extended the H1 till May 2016 based on the ac 21 rule as the PERM was pending during Jan 2015 when the i-129 was applied.

The PERM got approved recently on Mar 31st.

Can some one assist with the following queries?

1. Can I apply for H4 ead as the extension was applied/approved based on ac 21 rule? Based on the rule in USCIS website, we need to have atleast I 140 application receipt if PERM is approved.. so Im not sure if Im eligible.

2. The 6th year max out is on 22nd Jan 2016.. will this impact the approval?



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