I have recently ported from EB3 to EB2 India. I-140 approved. My priority date is Jan 24, 2008. I will be filing I-485, Travel doc, EAD, AP etc. (for the first time) for me and my wife. I am working for my sponsor employer for 7 + years. My wife earned her MS degree here in US and is now on H4 status. Some where it said H4 is not eligible to file for EAD (I-765)? She is eager to begin her employment once she get her EAD. My question is: Is she eligible to apply for EAD as my dependent? Can I file for her I-765?
No, she is not eligible for employment while on an H4. The term "dependent" implies that she is not able to independently work, but that her ability to remain in the US is dependent upon your own visa and work status. Once your green card is approved, you can file a petition for her green card and then she will become eligible to work herself.
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