Can I apply for H4 EAD

[Radhika86]

Hello Murthy Team,

Can you please suggest me on below situation..

My husband’s I-140 got approved last week but his H1B is going to expire on July 2nd 2015. Our I-94 is valid till March of 2016 though.
He applied for H1B extension but employer did it on regular process, they are going to convert it into premium only after July 27th.
Now my question is, if i want to apply for H4 EAD, how can i apply and when can i apply?
And also can i apply for H4 EAD with only approved I-140?
Please suggest me.

Thanks in advance,
Radhika

[jairichi]

Yes, you can file for H4-EAD with H4 extension receipt notice. EAD application will be processed only after approval of H4 extension. 

[vamsi635]

Thanks Jairichi.

 

With the H1b extension pending, do I need to submit the application to Lockbox address or Service Center with jurisdiction over Form I-129?

 

USCIS website says:

 

Form Filing Tips

When filing Form I-765, please mail it to the proper location based on the chart below.

If you are submitting your Form I-765…

Then please file your application at…

As a standalone application because you are currently in H-4 status and do not need to extend your status

The Lockbox address found on our Direct Filing Addresses for Form I-765 Web page.

Together with Form I-539 seeking a change to or extension of H-4 status

The Lockbox address found on our Direct Filing Addresses for Form I-765 Web page.

Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself

The Service Center with jurisdiction over Form I-129. Please see our Direct Filing Addresses for Form I-129 Web page for more information.

 

Thanks in advance.