Apply H4 EAD Renewal before approval of first application

[seahawk]

Hello guys,

I got my I-140 approved last week and my current H1-B expires on Oct 01, 2017.

1) I am planning to apply for my spouse's H4-EAD, this week, with my current I-797 and approved I-140 knowing that it will be valid only for few months with Oct 01 expiry. 

2) Now, my employer is planning to apply for my H1-B/H4 extension in next week or so, since there is no premium and don't know how long regular might take. Can I apply for H4-EAD (don't know if it will be NEW or RENEWAL), along with my H1-B extension, for employment after Oct 01?

If I cannot, then I foresee a break in my spouse's employment authorization after Oct 01, assuming H1-B premium remains suspended until Sep/Oct. In that case, should I

a) Do (1) above and just do h1-B/h4 extension in (2), and apply for h4-ead renewal after I get approval from (1)?

or

b) Don't do (1) and Do H1-B/H4/H4-EAD together in one single shot.

I can't figure which one is better than the other. Please advise.

I tried to keep it simple and neat but if I ended up confusing you guys, I am sorry. 

[shekar11#]

23 hours ago, seahawk said:

Hello guys,

I got my I-140 approved last week and my current H1-B expires on Oct 01, 2017.

1) I am planning to apply for my spouse's H4-EAD, this week, with my current I-797 and approved I-140 knowing that it will be valid only for few months with Oct 01 expiry. 

2) Now, my employer is planning to apply for my H1-B/H4 extension in next week or so, since there is no premium and don't know how long regular might take. Can I apply for H4-EAD (don't know if it will be NEW or RENEWAL), along with my H1-B extension, for employment after Oct 01?

If I cannot, then I foresee a break in my spouse's employment authorization after Oct 01, assuming H1-B premium remains suspended until Sep/Oct. In that case, should I

a) Do (1) above and just do h1-B/h4 extension in (2), and apply for h4-ead renewal after I get approval from (1)?

or

b) Don't do (1) and Do H1-B/H4/H4-EAD together in one single shot.

I can't figure which one is better than the other. Please advise.

I tried to keep it simple and neat but if I ended up confusing you guys, I am sorry. 

Option 1 is better. Apply for H-4 EAD now. Once that is approved, you can start the H-1, H-4, H-4 EAD extension process. You can upgrade to premium whenever the service is available. USCIS said 6 months but it can be earlier. They just give the worst case scenario. This way your spouse can avoid gap in employment.

[seahawk]

Thanks for your insight Shekar..!!! I am going to move ahead with option 1 :)

[vicky20]

Hi Seahawk, Did you have any break in the employment of your spouse while the H4 EAD extension was being filed?