Hicksville, NY asked in Employment Law and Immigration Law for New York

Q: Hi, My query Regarding Employment.Am on an H4 dependent visa, shall I apply for EAD without an I-140?Thanks.James

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Hello James, I am also James! Nice to meet you. I hope that you are having a great week.

Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition for Alien Workers), or if they have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act. If these conditions are not met, you generally cannot apply for an EAD based solely on your H-4 status.

The rules surrounding immigration and employment are complex and subject to change, so it would be wise to stay informed about any updates or changes to immigration policies that might affect your eligibility. If you have specific questions or need guidance, contacting an immigration attorney or checking with the United States Citizenship and Immigration Services (USCIS) directly would be beneficial steps to take.

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