My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer

In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband’s employer has not started the green card process for him, it is not possible to qualify for an H-4 EAD. (19.Apr.2023)

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