mac25 Posted February 24, 2015 Report Share Posted February 24, 2015 Hi, Iam on H1B in my 7th year. After 6yr on H1B i left country for a year and comeback with new h1b in cap for the same employer.I never filed a labor for my H1B. Am i eligible to apply for H4 EAD for my spouse since i am on H1B more than 6 years. Thank You Link to comment
jairichi Posted February 24, 2015 Report Share Posted February 24, 2015 I do not think your spouse is eligible to apply for EAD. Link to comment
rahul412 Posted February 24, 2015 Report Share Posted February 24, 2015 Hi, Iam on H1B in my 7th year. After 6yr on H1B i left country for a year and comeback with new h1b in cap for the same employer.I never filed a labor for my H1B. Am i eligible to apply for H4 EAD for my spouse since i am on H1B more than 6 years. Thank You No you are not on 7th yr, this is your 1st yr on H1 with a new H1 petition. So your spouse is not eligible. Link to comment
JoeF Posted February 24, 2015 Report Share Posted February 24, 2015 Hi, Iam on H1B in my 7th year. After 6yr on H1B i left country for a year and comeback with new h1b in cap for the same employer.I never filed a labor for my H1B. Am i eligible to apply for H4 EAD for my spouse since i am on H1B more than 6 years. Thank You Your time has reset, so you haven't been on H1 for more than 6 years. The old H1 time is gone. The "more than 6 year rule" applies to people who have had their H1 extended past the 6 years due to a labor certification pending or an I-140 pending. Link to comment
saveme1616 Posted February 25, 2015 Report Share Posted February 25, 2015 No, you need to have it pending for more than 365 days, you are not eligible yet. Link to comment
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