H4 EAD on my existing H4 that was obtained using my spouse's old employer

USA H4-EAD
1

Hi, my spouse’s H4 is valid for 11 more months but she got her H4 when I was with my old employer. I moved to a new employer recently and did not file her H4 extension as there was close to a year left on H4. Now, I am working with my new employer with new I-767A that is valid for 2.5 years.

My question is:

  1. I would like to apply H4 EAD for my spouse. Can we apply for H4 EAD using the existing H4 that was obtained when I was with my old employer?
    Note: we have never applied H4 EAD before. This will be the first time.

  2. Or should I get a new H4 based on my new H1B (that I got from my new employer) and then apply for H4 EAD based on new H4?

I am confused because I read like H4 EAD is based on H4 which in turn is based on H1B. But in my situation H4 was obtained based on my old H1B and is not based on my new H1B.

Any help appreciated. Thank you so much.

2

You can using existing H4 however it is taking 5+ months for approval and so when approved, there may be only few months of validity on EAD.

You can file H4 & EAD concurrently based on the new H1B.

3

Thank you Kalpesh. Appreciate it.

One follow-up if you don’t mind: H4 EAD is based on H4; and H4 in turn is based on H1B. But in my situation H4 was obtained based on my old H1B and is not based on my new H1B.

With this situation is it okay to apply for H4 EAD still on old H4?

Thanks a lot again.