Legal Question in Immigration Law in Georgia

Hi,

I am on H1b visa which expires in September 2015. My spouse recently received EAD through H4 to EAD conversion which will be valid till the same date as of my h1 expiry. I have applied for my H1 and wife's h4 visa extension in July 2015 and is still pending.

My wife has started working on ead. We will apply for ead renewal once we receive h1& h4 extension. My question is will my wife still be able to work on a pending h4 ead renewal?

Thanks in advance


Asked on 8/06/15, 5:07 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

I recommend referring to the following link: http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

As an H-4 nonimmigrant, would my employment authorization be limited to just my H-1B spouse�s time under AC21? For example, if my H-1B spouse�s petition is approved for the remaining time left in the 6-year period of admission plus the one year under AC21 �� 106(a) and (b), and my H-4 status is granted the same period of time, how long will my employment authorization be valid for?

Your employment authorization expiration date generally will match your H-4 nonimmigrant status expiration date. USCIS may grant employment authorization for the maximum time allowed even if the AC21 �� 106(a) and (b) portion of your H-1B spouse�s extension is only for part of the full validity period. Under this scenario, your H-1B spouse�s extension has been granted under AC21 �� 106(a) and (b), so you would be eligible for employment authorization for as long as your H-4 status is valid.

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Answered on 8/06/15, 1:30 pm


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