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

[spv.070]

Hi Friends,

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 approved..
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]

Hi,
If you ask me, I would recommend not to file H4 EAD until you get I-140 Approval.. As you well aware, H4 EAD will depend on H4 and I-140 Approval notification. If you file without I-140 Approval then there will be having high possibility of RFE or NOID. Instead of inviting RFE or NOID lets wait for approval then file concern petition.
Thanks.

[spv.070]

Thank you for your inputs.