Applying for Spouse H4 EAD while her H1B is also in process, what are the possible implication on H1B application?

[Akash Gupta]

Hi,

I am working in US for 3 years and have my i140 done already that makes my spouse eligible for receiving H4 EAD to start working. We both work for same company, but since she doesn't have a work visa, she is on sabbatical leave right now and our company has applied for her H1B, that got picked up in lottery this year and is being processed. Since premium processing is not allowed for capped H1B applications, under regular processing, USCIS is taking a considerably longer time to process H1B application.

Meanwhile, I'm planing to apply for her H4 EAD so that she can start working and as soon as her H1B application is approved, she can changed her status from H4 EAD to H1B.
My question here is - if I apply for H4 EAD while H1B is still in process, is there any possible impact on her H1B application being denied, considering USCIS current behavior and also in general. Can both go in parallel without impacting each other.
I just want her to get back to working asap.

Any advice here is much appreciated.

Thanks!

[karun]

Hi Akash,

I am in same boat. Do you have any update on your case ? Can you share any details you found.

 

Thanks,

Karan