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When to apply for H4 and H4 EAD when cap-exempt H1b expiring on Aug 13th, 2018.

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  • When to apply for H4 and H4 EAD when cap-exempt H1b expiring on Aug 13th, 2018.

    I am working on a cap-subject H1b visa with an approved i140 and PD of June 2017 and my company has filed for an extension which is to be adjudicated in 15 days. Currently, my wife is working on H1B cap-exempt visa since 2012 and her i-140 is approved with priority date of Oct 15th, 2014. Recently, her company lost its cap-exempt status secondary to which she is unable to get a cap-exempt H1B extension with them. Her cap-exempt H1B visa is valid till August 13th, 2018.

    This leaves us with 3 options that are known to us:
    1) Get H4 and H4-EAD (as my dependent)
    2) Transfer to another H1B cap-exempt company (Having a hard time finding a not-for-profit company)
    3) Apply for regular H1B lottery this year on April 2, 2018 (with a cap-subject company)

    Her current company is filing for her under regular H1B lottery on April 2, 2018. In addition, she is applying for jobs with other cap-exempt organizations as well. As per recent update, in June 2018 the current H4 EAD guidelines may be revised but we still wanted to look into H4 EAD option as well just in case it stays.

    Currently, my visa has been filed for extension under premium processing for H1B extension and is going to be adjudicated before April 2nd, 2018. Do you think that applying for a H4 EAD for my wife right now will be a good idea considering my H1b extension is being processed?

    I don't know if it is true but I was informed by a friend to apply for H4 and H4 EAD for my wife while my H1b extension file is under premium processing in order to expedite the H4 and H4 EAD processing for my wife. What would you folks suggest?

    An ideal case for my wife would be to continue employment with her current company until it expires in August 2018, meanwhile her H4 and H4 EAD gets approved and then switches to H4 EAD to work for her current company or another cap-subject company. Then, if in case, her H1B visa gets picked up in this year's(2018) lottery, she can continue to work with her current employer on her new H1B from Oct 1st, 2018.

    If possible please share the fee structure for processing of the H4 and H4 EAD. Thank you taking the time out to answer these queries.