H1B to H4 EAD while spouses H1 is not yet approved


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My spouse has filed for H1 extension and has a valid I140. I want to move to H4 and apply for EAD, do I need to wait for her H1 extension to come through (it might take a while as there is no premium processing). Also, are there delays in H4 and then getting EAD because of the lack of premium processing. How long does it normally take to move from H1 to H4 and get an EAD?

Thanks for your response.

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A change of status to H4 from another status, along with filing an I765, can be submitted based on an H1B extension petition pending with USCIS. The approval of the H4 will depend on the approval of the H1B and the EAD will require approval of the H4. The H4 and EAD will very likely get approved at the same time but they will of course depend on the H1B extension getting approved.

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