H4 EAD Action - Can H1B Spouse file for EAD

[san4u28]

 

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

 

[rahul412]

She has to be on H4.

[jairichi]

She has to move to H4 and file for EAD.

[satya2k1]

Hi San,

 

I believe you can apply for COS to H4 along with EAD application.  similar to I485 COS and EAD applicaiton in case of GC. 

However, the COS to H4 have to be approved prior to EAD application adjudication takes place.  And the EAD might be delayed further if there is any RFE in the COS process.

[san4u28]

Thank you all for the response.