I converted from H1 to H4 a couple of months ago. My Husband’s I-140 is in process.
When can I apply for EAD? Can we apply while Husband’s I140 is still pending or only after its approved?
If we need to file for an H1 extension then can we file H4 extension along with the EAD for me or do I have to again wait to get H4 extension approved before applying for EAD?
i140 approval required for H4EAD application
You should wait for i140 approval before applying for H4-EAD. Approved i140 is the primary eligibility criteria.
Apply H1B extension, h4 and H4 EAD at same time
You can apply the H1B extension and H4-EAD simultaneously. This is called concurrent filing.
This has an advantage in the sense, that, if you file your H1B extension in premium processing, the H4-EAD also tends to be processed immediately.
Please note that there is no official ‘Premium processing’ available for H4-EAD and there is no guarantee that H4-EAD application will be processed in premium or fast if you file ‘concurrently’.
But, we have seen that it does get processed fast if it is filed along with H1B extension in the same application packet.