Is my wife eligible for an H4 EAD?

[TechAbhi]

Hello All,

 

My PERM was filed earlier this year with a priority date of Feb24 2015. My original H1b expires in Sept 2015 and my employer filed for an extention and I got an extention till 2018. Is my wife eligible for an H4 EAD. since I have an extention?

 

The only reason I have a doubt is because I have not completed my 6 years and I do not have an I140 yet.

 

Thanks for all your help!

[rahul412]

No, bcos you didn't got your H1 ext beyond 6 yrs.

[Attorney_21]

For your wife to be eligible for H4 EAD you must :

 

1) Have an approved I-140; OR

2) You must have extended your H1B status beyond 6 years.

 

It doesn't appear that your wife qualifies, because you do not have an approved I-140, and you do not yet qualify for an H1B extension beyond 6 years if your PERM was only filed in February 2015.

 

Sorry.