My H1-B expires on April 2022. My perm is currently in process and they are applying for H1B extension and H4 visa extension for my spouse. The immigration team said that they can apply for an H4 ead as well. Is that possible? My H1b visa started April 2016 on i-94 and and is stamped as start date April 2016. I have only been physically in the US for 5 years and 2 months. I am confused on how can they still file for an EAD? Am I missing something?

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Also, doesn’t H1b start in October. Confused why it says start date as April 2016.

Mine was consular h1b and activated when I re entered.

My understanding is that you can only apply for an EAD if there is an approved I-140. Do you have a prior approved I-140?

No it has not been approved. I am still in the perm stage. The perm was filed in November 2021.

When is your final max date in H-1B? Your spouse could be eligible for an EAD if your H-1B is extended on the basis of AC21 section 106(a). If they filed your PERM at least 365 days prior to your max out date, this would make your spouse eligible for an EAD.

Oh even an ead? With an i140? How do we get the h4 and h4 ead applied when spouse is in h1b?

I think this makes sense. Do you know what are the processing times for an h4 ead?

8 to 12 months for h4 and h4 ead. Could be longer

I believe they anticipate the i140 approval coming through soon. Am assuming the extension was filed on the remaining months for you

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