Renew H4 EAD without H4 extension?

My case:

  1. I have applied for my wife’s H4 extension and it is still in process. We have received her I-539 receipt number.
  2. She already has an approved H4 EAD card which is valid for the next 3 months.
  3. I already have an H1B extension approved for the next 2 years.

Questions:

  1. Can we apply for H4 EAD extension /renewal now without getting H4 extension approval?
  2. OR do I need to wait until the H4 extension is approved?
  3. How soon can we submit H4 EAD renewal application, is it 3 months before expiry?

H4 status is required to apply for H4 EAD

H4-EAD is based on valid H4 status. If your wife’s H4 extension is still not approved, she would not have a valid H4 status to make the correct base for H4-EAD.

Should we wait for an H4 extension before applying H4 EAD?

Ideally, you should wait for H4 extension approval.

But, you can still apply for H4 EAD using your pending H4 extension application.

Apply H4 EAD renewal 180 days before expiry

At this time, H4-EAD renewal EAD applications can be filed 180 days before the expiry date.