H4 EAD Eligibility

[Simran K]

Hello, I have read through the forum topics and found a lot a of helpful information for my case but I need some further clarification for my unique situation. I am currently on H4 Dependent visa. My spouse is in the 6th year of his H1-B  visa with the 6 year term expiring in October 2017. His employer initiated the Green Card process last year. Here are the rough timelines

- Dec, 16th 2016 PERM filed with USCIS

- Feb, 2017 PERM approved; I-140 applied for premium processing

- Apr, 2017 I-140 approved, applied for H4 and H1-B extension beyond 6 years

- The employer's policies do not allow sharing the I-140 approval form I-797 to be shared with the beneficiary.

- Jul, 2017 H4 and H1-B approved under AC21 104(c) for a period of 3 years

- Employer shared I-797 for both I-129 and I-539 forms

 

From reading the forum I understand that I need one of the following to support eligibility for H4-EAD

I-797 approval for I-140 

OR

I-797 for H1 and H4 that were applied pursuant to AC21 106(a) and (b) - extension period of 1 Year

I do not have either option open to me. Did I get this right or do I have a third route to apply for H4-EAD? Please advice.