H1B in RFE, spouse's I140 approved


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I am currently in USA and my H1B was applied in Apr 2016 and it is in "Response To USCIS' Request For Evidence Was Received" status now. 

My spouse's I140 got approved now. So if I apply for EAD and,

1) If EAD is approved before H1B, once H1B is approved will it override EAD?

2) If I apply EAD and H1B is approved before EAD approval, once EAD is approved will it override H1B?

Please respond.


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Hi Rohan, 

Thank You again for the reply..

I am not working now, so it is not about having a no work break... But to get to a safe zone (H1 or EAD) before there is any change in rules considering the current immigration situation.

If the H1B approval/denial takes another 3-4 months and by then if there is any rule change for EAD, that will be a risk. That is why I was thinking of applying for EAD now. The option you gave ("to covert H1B to premium") is one I had in mind too, but premium H1Bs have more chance to get rejected, right?

When you say "I can apply for EAD but I shouldn't", is it because of legal complications? 


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