H4 EAD Action - Can H1B Spouse file for EAD

[san4u28]

H-4 EAD Rule Approved by OMB!

 

Hi,

The EAD rule was just approved. My question is -

 

I am on H1B Visa with an approved I-140. My wife is also on H1B but has not started her PERM application since mine is already in progress.

 

Can my wife file for the H4-EAD under this new rule while she is on H1B?

 

If not, does she need to file for H1-H4 COS and then apply for EAD. If so what is the timeline for this process?

 

Any insight would be appreciated.

Regards,

San