H4 EAD question

[penguin80]

Hi, I have an approved I140 and I am in 10th year of my H1B. Under the proposed rule, my spouse qualifies for EAD. But currently she is working on H1B but would prefer to work on EAD.
To be eligible to get EAD under new rules, should she move back to H4 before applying or she can apply for it while still on h1B?

Any suggestion, hypothetical or otherwise, would be helpful.

[raghvi]

Hi, I have an approved I140 and I am in 10th year of my H1B. Under the proposed rule, my spouse qualifies for EAD. But currently she is working on H1B but would prefer to work on EAD.
To be eligible to get EAD under new rules, should she move back to H4 before applying or she can apply for it while still on h1B?

Any suggestion, hypothetical or otherwise, would be helpful.

Let the guidelines come out based on that you can decide. Still these are yet to become laws.

This is my opinion not legal advice.