H4 EAD eligibility - H1B starting PERM process

Hello everyone.

My husband is working in the USA under a H1B visa.

The company will apply for the PERM visa soon, but has not applied yet.

My question is, can I use the form I-765 to apply for a AED while he still under H1B? Or do I need to wait at least until the company applies for the perm visa?