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Can
H-4 Dependent Spouse Obtain the Employment Authorization Document? |
| Hi
William, I am a H-4 dependent spouse. My husband has obtained an H-1B extension beyond the 6-year limit because of his employment based Green Card application, can I apply for the EAD at this time? Answer, USCIS has implemented the regulation to allow some H-4 dependent spouses to obtain the Employment Authorization Document (EAD). One of the eligibility is based on H-1B spouse’s extension beyond 6 years. Under the second category of EAD eligibility, the H-4 spouse is eligible to apply for an EAD under the H-4 EAD rule, if the principal spouse has obtained an H-1B extension beyond the 6-year limit pursuant to specific provisions of AC21. The provisions in question are contained in the AC21. The regulation allows an H-1B nonimmigrant to extend status beyond the six-year standard limit in one-year increments, and the H-4 dependent spouses can obtain the Employment Authorization Document. |
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