Beginning on May 26, some H-4 spouses will be able to apply for an EAD. To be eligible, their H-1B spouse must (1) have an approved Form I-140 immigrant worker petition or (2) have received an extension of H-1B status beyond the sixth year, based on an I-140 or labor certification filed on behalf of the H-1B spouse 365 days or more before the extension was requested. From all currently available information, it appears that an H-4 spouse may obtain the work permit based on an approved I-140 for the H-1B spouse, even if the H-1B spouse is not employed by the company that sponsored the I-140 petition. This interpretation is consistent with other policies relating to approved I-140 petitions. The USCIS issues an EAD within 90 days after the work permit application is filed.
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