Can H4 EAD be filled when I-539(L2 to H4) is in progress?

[rahul04joshi]

Hi,

Please find below my details.
1. Before 01-Oct-2015, Me and My wife was on L1 and L2 visa respectively .
2. My H1B gets selected in 2015 lottery and On 01-Oct-2015 my status changed from L1B to H1B. (H1B and COS approved)
3. My Employer Filed I-539(L2 to H4) for my wife in Sept 2015.
4. When I was on L1B, My employer also filed my I-140 which got approved last week only.

Question: Now technically currently I am on H1B and have approved I-140, Can i apply for H4 EAD for my wife when her I-539 (L2 to H4) application is still in Progress? Or should I wait for result of I-539 and then apply for H4 EAD?

Thanks

[shervin143]

Are you currently working for the H1B sponsor?

[rahul04joshi]

Are you currently working for the H1B sponsor?

Yes. I am working for same employer.

Thanks

[shervin143]

I am assuming that your L1 and H1B sponsor are the same. Since you are maintaining your current H1B status, you can file H4 EAD based on the pending form I-539. H4 EAD will be issued only after the COS from L2 to H4 gets approved.

Yes. I am working for same employer.

Thanks

[rahul04joshi]

I am assuming that your L1 and H1B sponsor are the same. Since you are maintaining your current H1B status, you can file H4 EAD based on the pending form I-539. H4 EAD will be issued only after the COS from L2 to H4 gets approved.

Thank you for the reply. So in H4 EAD form, I have to show the proof of my wife's H4 visa. Can i put the receipt number of I-539 there?

Thanks