Renewal or Initial application for J2-EAD to H4-EAD holder?

USA H4-EAD
1

Hi,
I am living in the US. I was a J2 visa holder for 5 years, and early this year both my visa and EAD have expired. While my spouse was switched to H1B (premium), I had to wait for the approval of H4 for 8 months. Fortunately, a few weeks ago I was able to receive the approval for my I-539 application to switch to H4 from J2. The question I would like to ask is when I apply for EAD under the new H4 visa, should I consider it the renewal of my old EAD or first application, and could renewal or first application be matter in terms of processing time of Uscis? Actually, I just received a job offer from a small company where I had applied for last year. I am wondering if I can get into this job with no valid EAD.

Thank you.

2

Do your spouse have approved I-140? If yes, you can apply for H4 EAD, otherwise H4 wont qualify for a EAD.

It should be renewal as you had EAD in past no matter the status.

Legally you can’t work without EAD, otherwise it will be a violation of immigration law.

3

Hi Kalpesh, thank you for your reply.

Upon your reply, as far as I can see that I am not eligible to apply for EAD because my spouse doesn’t have an approved I-140 yet, which’s been still pending under EB2-NIW category for a few months. Also, he is still in the first year of his H1B status, which can’t be used to file H4-EAD through AC21.
Thanks for the clarification.
Best.