H4 EAD - based on pending I140

[RCTAURUS]

Hi

I have a question on whether I can apply for EAD for my spouse now or do I have to wait.

Current Situation: 

3 years on H1b - Renewal I129 pending - Filed in Premium.

Perm Certified/ I140 filed but Pending.

Yet to file I539 for spouse.

 

Can I apply for I765(EAD- c26) for my spouse along with I539 ? Can I provide I140 receipt to justify the basis of EAD along with I797A for I129 ?

The link below from USCIS is confusing me where it says I can apply for EAD based on PERM that is filed atleast 365 days before the lapse of 6 year max (which I have) but it does not say I140 needs to be approved until the last point which it just throws out there.

 

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

(What evidence should I, as an H-4 nonimmigrant, submit to demonstrate my eligibility for employment authorization? )