Billerica, MA asked in Employment Law and Immigration Law for Massachusetts

Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go for H4-EAD given the strict visa laws in Trump government?

1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.

Good luck!

Carl Shusterman

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.