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Member Profile: nash123 (1 post)

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Hello, I'm nash123 (report this user)
I am from India
I last logged in on 26 Feb 2015
I have been a member since 25 Feb 2015
I have added 1 posts in trackitt forums
I added my last post on 25 Feb 2015
nash123's Posts
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

Thanks to all who have contributed to make this effort successful. As someone already mentioned it is indeed true that you need to believe and make the change happen.
I have been visiting this thread everyday for the past year and also trying to keep up with the tweet campaign.

I have a question to the forum. Maybe this has already been asked and answered in the past (I was not able to locate a post).

I am currently in my 4th year of H1B and have an approved I140. From the ruling I understood that my wife would be eligible to apply for the H4 EAD since the final rule condition was changed to OR.
” extend eligibility for employment authorization to H-4 dependent spouses of H-1B nonimmigrants if the H-1B nonimmigrants either : (1) are the principal beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140); or (2) have been granted H-1B status pursuant to sections 106(a) and (b) of the American Competitiveness”

The attorney of my employer however is saying that it is eligible only for H1B visa holder to be in the post six-year period.

Can anyone please clarify ? Has this question been posted to USCIS and addressed ? If not is this a valid question to be posted during tomorrow’s H4 EAD Tele conf?

Maybe my interpretation is wrong and we are ineligible.
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