Obtaining H4 EAD when PERM application is pending with DOL


luna123

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Hello,

I am currently on an H1B and I exhaust my 6 years of H1B in Dec 2022. My employer is applying for a PERM, but during recruitment, they received a large number of resumes and the law firm working on the case mentioned that it's very likely to get scrutinized a lot by DOL. I'm concerned that if the PERM application gets rejected, I won't have sufficient time left on my H1B to start this process again (from LCA, prevailing wage determination, etc.). 

Is it possible to apply for an H4 EAD while I am on H1B and my PERM application is pending with DOL? Would it cause any issues?

Thank you!

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