H4 EAD eligibility when 6 years are not completed but H1B is approved for 1 additional year per AC21 Act


mayanknitc

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I've completed 4 years and 11 months on my current H1B visa and have recently received my H1 extension. The new H1B validity duration includes the additional 1 year post completion of 6 years on H1B per AC21 Act as my labor was filed more than a year in advance of my H1B getting exhausted (6 years completion on H1b) and my labor status was in progress (it still is in progress and there is no decision yet). The additional one year extension was requested in I-129 form per AC21 Act. I've following question in this regard.

 

Though I wouldn't complete 6 years on my H1B when USCIS starts accepting the H4 EAD application on May 26, 2015, would my wife be eligible for H4 EAD at that point as I've got an additional one year on my H1B per AC21 Act?

 

Thanks in advance!

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