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Can my wife apply for EAD based on my I-94?

Omaha, NE |

Requested Lawers and thanks for looking my question.
Can my wife apply for EAD based on my I-94. Below are the scenarios and questions..
My VISA validity till SEP 30 2013
My I-94 validity till Apr 21 2015
My Wife's VISA validity till SEP 30 2013
My Wife's I-94 Validity till SEP 30 2013
Questions:
1) Can she get a new I-94 with my I-94 date?
2) Can she apply for EAD? If Yes ,then what would be the validity(same as VISA exp date or the present I-94 Date or New I-94 data or she gets for 2years irrespective of VISA data?)
3) Plannign to have EAD with the present i-94 only so if she gets new I-94 then does she have to apply again for new EAD?

thanks alot for reading and answering my questions.

Attorney Answers 4


  1. An I-94 is not a basis for a work permit.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. I agree, it really depends on the underlying visa on which you have status.


  3. I agree with my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. She won't be able to get a work permit. We are happy to offer you a free initial consultation to talk about the case. Give us a call at 402-455-1711 to set up a time to talk. We have been in business for almost 25 years and fight hard for the people we represent.

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