Applying H4 EAD while H4 Extension is pending and Pending I-140 approval

[spv.070]

I'm expecting i-140 approval by Feb. 2022 based on current PERM timings and filing I-140 in premium. Currently H1-B and H4 status are expiring in Sept. 2021. Maxout date is Oct. 2022. My company is filing for H1-B and H4 extension soon under regular queue. In Feb. 2022 when I get I-140 approval, can I separately file H4 EAD while H4 extension will be still in process? Any issues/suggestions?

[rkk09]

Hi,
Yes. As soon as you get I-140 Approval, with that, you can separately file H4 EAD. But, Please make note, H4 EAD will be adjudicated once H4 is adjudicated.
Thanks

[spv.070]

Thank you for the response. Attorney is asking me to concurrently file H4 extension and H4 EAD in Sept. 2021 while I wait for my I-140 approval (expected Feb. 2022). Is this a valid/recommended approach ? Can we file H4 EAD with extension before I-140 approval?

[rkk09]

Thank you for the response. Attorney is asking me to concurrently file H4 extension and H4 EAD in Sept. 2021 while I wait for my I-140 approval (expected Feb. 2022). Is this a valid/recommended approach ? Can we file H4 EAD with extension before I-140 approval?

Hi Member,
You can file. But there is 100% possibility of receiving RFE to request I-140 Approval. As you know, H4 EAD can be processed only if we have I-140 Approval. The basic eligibility for filing H4 EAD is, if you have I-140 Approval.
Thanks