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H4 applying for EAD

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  • H4 applying for EAD

    Good day,

    My wife and I recently moved to the USA, and she has H1B, and I'm on H4.
    I also have a sister (citizen) who has filed for LPR for me.

    My wife's H1B is not a permanent visa (recipient of I-129, not I-140).
    The USCIS agent could not confirm if I can apply for EAD.

    So, at present I have copies of:
    I-797C - Receipt of I-130 Petition for Alien Relative (Sent to my sister)
    I-797B - Completed I-129 Petition for Nonimmigrant Worker (for my wife)

    I presume this means I don't meet the criteria for applying for an EAD as my wife does not have H1B from I-140 and has not been here 6 years?
    Could someone confirm this for me?

    Thanks,
    Steve

  • #2
    Originally posted by SB83 View Post
    Good day,

    My wife and I recently moved to the USA, and she has H1B, and I'm on H4.
    I also have a sister (citizen) who has filed for LPR for me.

    My wife's H1B is not a permanent visa (recipient of I-129, not I-140).
    The USCIS agent could not confirm if I can apply for EAD.

    So, at present I have copies of:
    I-797C - Receipt of I-130 Petition for Alien Relative (Sent to my sister)
    I-797B - Completed I-129 Petition for Nonimmigrant Worker (for my wife)

    I presume this means I don't meet the criteria for applying for an EAD as my wife does not have H1B from I-140 and has not been here 6 years?
    Could someone confirm this for me?

    Thanks,
    Steve
    Yes, your understanding is correct.

    This is my opinion not legal advice.

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