Can you apply for I-140 on H4 EAD?

[Nonimmi_us]

Scenario

1. Applied for perm on 6th yr of H1B

2. Changed to H4 and got H4 EAD (as spouse has 1-140 approval)

3. Waiting for PERM approval, once perm is approved can I apply for 140?

4. Or should i change again to H1 to apply I-140?

5. Based on the response have to decide to take FT positions or C2C only. Thinking of applying I140 as a back up. But not sure if that is an option. So trying to confirm in this post.

 

 

Thanks

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[rahul412]

I140 can be filed even when you're outside the US. But it has to be filed by your employer.