I-765 for H-4 Spouse of H-1B (merged threads)

[cleverodra 1]

Good afternoon all,

My sister currently has a H-4 visa as her husband holds a valid H-1B.

It is my understanding H-4 holders can apply for 1-year working permit via a I-765 however I am unable to find any information as well as the requirements in order to file for a working permit.

Can anyone confirm if this option still remains available.

Kindly confirm.

Thank you

[newacct 688]

EADs are not available to all H4s. Only H4s whose H1b spouse has an approved I-140 employer immigration petition, or who has been granted an extension of H1b status beyond 6 years due to pending immigration process.

[Mollie09 1,543]

EADs are only available to H4s in a few situations, your sister may not be eligible.

"Those eligible include H-4 dependent spouses of principal H-1B nonimmigrants who:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B workers seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit."

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

[Pitaya 2,577]

~Same/similar-themed threads merged~

~Please refrain from multiple posting of same topic.

Pitaya

VJ Moderation

[cleverodra 1]

Thank you all for the information.

I duly appreciate it.