H-4 AED question

[luizalace 0]

Hello everyone.

 

My husband is working in the USA under a H1B visa. 

The company will apply for the PERM visa soon, but has not applied yet.

 

My question is, can I use the form I-765 to apply for a AED while he still under H1B? Or do I need to wait at least until the company applies for the perm visa?

 

Thanks!

[igoyougoduke 1,656]

Yes your EAD will be called H4 EAD which can be applied by spouse of H1b visa holders. No there is no wait time as long as your husband is on H1b status. H4 EAD are not related to PERM

[designguy 1,179]

1 hour ago, luizalace said:

Or do I need to wait at least until the company applies for the perm visa?

You need to wait until your husband's I140 is approved before you can get an EAD

 

36 minutes ago, James120383 said:

No there is no wait time as long as your husband is on H1b status

Husband needs an approved I140 for the spouse to apply for an EAD

 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

[igoyougoduke 1,656]

Just now, designguy said:

You need to wait until your husband's I140 is approved before you can get an EAD

 

Husband needs an approved I140 for the spouse to apply for an EAD

 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

You are talking about  EAD through Adjustment of status. Iam talking about H4 EAD which is an EAD for H1b dependents. Completely different. Get your facts straight 

 

[designguy 1,179]

4 minutes ago, James120383 said:

You are talking about  EAD through Adjustment of status. Iam talking about H4 EAD which is an EAD for H1b dependents. Completely different. Get your facts straight 

 

Sorry you are wrong. H1-B dependents (H4) can only get an EAD if the principal beneficiary has approved I-140. Feel free to check out the link above

 

Quote

Employment Authorization for Certain H-4 Dependent Spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

 

Edited October 22, 2020 by designguy

[SusieQQQ 11,586]

43 minutes ago, James120383 said:

You are talking about  EAD through Adjustment of status. Iam talking about H4 EAD which is an EAD for H1b dependents. Completely different. Get your facts straight 

 

Designguy is correct. H4 EAD is not available to all H4, only those with a clear track (approved i140, or AC21) to permanent residence.  That’s why the page you posted the link for has a heading of “certain” H4 spouses. 
 

 

 

 

Edited October 22, 2020 by SusieQQQ