H4 to H4 EAD

[android.dmk]

My husband is on H1 B status and I'm on H4 and his H1 B expires in 6 months. The company has applied for renewal. Our I 140 got approved recently. Should I apply for H4 EAD now or wait after the H1 B is renewed? Please share your suggestions. 

[Harish Raju]

Though, you applying H4 EAD now or later depends on how eager or urgent it is for you to join a job. My recommendation would be to wait for the H1B extension approval and then apply for H4 EAD because You may get a longer term of H4 EAD (until the new H1B end dates) on the extended H1B petition rather than applying now on existing H1B period. Also, you need to consider the fact that it takes an average of 50 days (around 2 months) to get the EAD approval once applied. Which technically means you will get an EAD for 4 months (6months left on H1B minus the processing time). Also, you may be spending the application fees and any other attorney fees twice. Once for initial application and again for renewal. Therefore it is better to wait for the new H1B extension approval and apply for EAD. Again, it all matters on how much urgent or badly in need for a job for your spouse. If you cannot wait and okay with the double expenses then go ahead and file now. 

NOTE: All this makes sense only assuming that your H1B extension is already filed on premium. Else, it is uncertain to wait for longer approval period on H1B and also you never know what may happen to the H4 EAD in trumps administration. Therefore if your extension is filed on normal mode either fast track it before 03 Apr 2017 or go ahead and apply for H4 EAD. Time is money.

Good Luck!