Question on how to file for spouse H4 EAD in my I-140 situation?

[ronit.mittra]

Dear Immihelp gurus,

Please read my situation listed below and kindly provide your suggestions on my spouse's H4 EAD questions. Thanks in advance!

Situation: My PERM is approved and I-140 will be filed in November or early December 2021. I will file my I-140 in premium processing. My H1-B visa max out date is August 2022.

Question #1: After getting my I-140 approved, how to correctly proceed with filing H4 EAD for my spouse ?

Question #2: Does my spouse need to be in USA until we get an approved H4 EAD ?

[rkk09]

Hi Member,
Please see my response below.
Question #1: After getting my I-140 approved, how to correctly proceed with filing H4 EAD for my spouse ?
Answer: Once you receive I-140 Approval notice, you can file H4 EAD petition immediately. There is no gap needed for filing H4 EAD. Please make sure, you have H4 and H1B Approval validity too.
Question #2: Does my spouse need to be in USA until we get an approved H4 EAD ?
Answer: Of course Yes. While EAD is adjudicating, Applicant needs to be in the USA.
Thanks