Can I file my I-140 Petition and my wife's H4-EAD together?

Hi Anil,

Can I file my I-140 Petition and my wife’s H4-EAD together?

i140 and H4 EAD can be filed together

Yes, you can file i140 and H4EAD together to speed up processing.

But, you will have to talk to your employer as i140 has to be filed by them. They should also include the H4-EAD application in the same package to file ‘Concurrently’.

These days, USCIS may or may not accept H4 EAD and i140 concurrently. Most people get their i140 approved first and then file H4 EAD separately as i140 is a pre-requisite for H4 EAD eligibility.

Talk to your attorney for options.

Use i140 premium processing to get H4 EAD fast

It is possible that USCIS may approve H4 EAD in premium processing timeline if you upgrade your i140 application to premium.

It depends on USCIS.

Hi Anil,

my boyfriend just started the PERM application step 1, will expect to file his i-140 next year June.

If we get married, can we file H4, H4EAD along with his i-140??
Will this expedite the H4EAD process?

Yes, you can file H4 EAD with i-140.

But, H4 would need the H1B extension as well.
So, you probably would need to file all at same time.

If you upgrade your application with premium application, you can get result faster.

Anil, thank you so much for the quick reply!! My boyfriend is now only second year of his H1B. So what we need to do it to talk to his attorney and have him to file i-140, H4, H4EAD all together?

Would you recommend us to file for H4 now, so that we will file for H4EAD and i-140 together later? Will this make any difference?

How will you file H4 before getting married?

Haha Anil, we will be getting married by end of this year :stuck_out_tongue:
I am thinking if this is the case, it will help my H4EAD condition a lot since my OPT will expire next year Sep.

Yes, then apply H4 after marriage.
But, remember, if you change to H4 status, you won’t be able to work unless you get H4 EAD.

With this said, I guess we will apply for H4 and H4EAD together with i-140 application. Thanks, Anil!!

ok. All the best. Let us know if you need more information.

Hi Anil

Thank you for always responding quickly. I am active watcher of your blogs.

We filled H4 EAD recently based on spouse first I140. My lawyer said we can file EAD after I140 approval. And the confirmed that concurrent process is not possible for the first time filling? Which is correct information?

Well, you can file both concurrently but yes, your attorney is right that it is recommended to file H4 EAD after you get i140 approval.

That way, the chances of H4 EAD RFE are low since your i140 approval information is already with USCIS.

In case you file concurrently and by the time your H4 EAD application is worked on, it is possible that your i140 is still pending.
In that case, USCIS may issue RFE or may deny your application.

That’s the reason attorneys recommend to apply H4 EAD after i140 approval.


Can you please share if you were able to file i140 and H4 EAD concurrently under premium.