H4 EAD eligibility

[anandboda]

Hi,

 

I have applied for Green card after my H1B 6 years max out. I have returned to India 2 years back and applied for H1B extension on out of cap as my GC applied before 16 months and Labour is not yet cleared. Soon I will be going to US.

My question:

Is my husbend eligibile to apply for H4 EAD based on the below eligibility rule ? Please clarify.

 

• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

 

[satya2k1]

If your H1B extension is approved based on ACT 21 sections 106, then yes, your spouse is eligible for H4-EAD. 

In case of your H1 extension is a reset after max of 6 years limit, then my understanding is that your H1 is considered as a new H1 but not under ACT 21.   You better get advise from attorney, if this is the case.