Apply H4 EAD for backup along with H1B extenstion

[Rajendra_Nigam]

Situation:

> My i-140 is approved. And currently I am going through RFE on H-1B extension application (response due October 11, 2018)
> Spouse i-140 is approved and H-1B approved till 2021

 

Question:

1.  Can I apply for H4 status along with H4 EAD under my spouse H-1B, as a backup to my H-1B extension application? I am concerned that if my H-1B extension application is denied then I cannot continue with my employment, so I want to have a backup. 

2. What if H-1B extension application is approved before H4 Change of Status and H4 EAD?

3. What if H-1B extension application is approved after H4 Change of Status and H4 EAD?

 

All the help is really appreciated.

[shekar11#]

4 hours ago, Rajendra_Nigam said:

Situation:

> My i-140 is approved. And currently I am going through RFE on H-1B extension application (response due October 11, 2018)
> Spouse i-140 is approved and H-1B approved till 2021

 

Question:

1.  Can I apply for H4 status along with H4 EAD under my spouse H-1B, as a backup to my H-1B extension application? I am concerned that if my H-1B extension application is denied then I cannot continue with my employment, so I want to have a backup. 

2. What if H-1B extension application is approved before H4 Change of Status and H4 EAD?

3. What if H-1B extension application is approved after H4 Change of Status and H4 EAD?

 

All the help is really appreciated.

1. You can, but COS and H-4 EAD takes atleast 3 months and there is no premium processing for that. And you need to have EAD card in hand to continue working.

2. You can withdraw the H-4 application.

3. If you want to stay on H-1 you are fine or else you have to do COS again to H-1.