filing for H4 ead

[Shikha84]

I recently applied for COS from H1b to H4. Can I apply for H4 EAD while H4 application is still in process? (In other words, can I apply for H4 EAD with I797C receipt notice?).

[raghvi]

I recently applied for COS from H1b to H4. Can I apply for H4 EAD while H4 application is still in process? (In other words, can I apply for H4 EAD with I797C receipt notice?).

Yes, it should be possible. I do hope the I140 is already approved for your spouse.

This is my opinion not legal advice.

[Shikha84]

Yes, it should be possible. I do hope the I140 is already approved for your spouse.

This is my opinion not legal advice.

Thanks for the reply Raghvi. Yes my spouse does have an approved I140. Just wondering if there is any advantage of applying for H4 EAD with I797C or should I simply wait to get my I797A and then apply for H4 EAD? The only thing I can think off is that I don't have to submit some of the paperwork (such as I94, passport copy, marriage certificate etc.) twice. Any other thoughts?