H4 applying for EAD

[SB83]

Good day,

My wife and I recently moved to the USA, and she has H1B, and I'm on H4.
I also have a sister (citizen) who has filed for LPR for me.

My wife's H1B is not a permanent visa (recipient of I-129, not I-140).
The USCIS agent could not confirm if I can apply for EAD.

So, at present I have copies of:
I-797C - Receipt of I-130 Petition for Alien Relative (Sent to my sister)
I-797B - Completed I-129 Petition for Nonimmigrant Worker (for my wife)

I presume this means I don't meet the criteria for applying for an EAD as my wife does not have H1B from I-140 and has not been here 6 years?
Could someone confirm this for me?

Thanks,
Steve

[raghvi]

Good day,

My wife and I recently moved to the USA, and she has H1B, and I'm on H4.
I also have a sister (citizen) who has filed for LPR for me.

My wife's H1B is not a permanent visa (recipient of I-129, not I-140).
The USCIS agent could not confirm if I can apply for EAD.

So, at present I have copies of:
I-797C - Receipt of I-130 Petition for Alien Relative (Sent to my sister)
I-797B - Completed I-129 Petition for Nonimmigrant Worker (for my wife)

I presume this means I don't meet the criteria for applying for an EAD as my wife does not have H1B from I-140 and has not been here 6 years?
Could someone confirm this for me?

Thanks,
Steve

Yes, your understanding is correct.

This is my opinion not legal advice.