Applying for H4 EAD (H1b extension approved, H4 still in process)

[parikh_11]

Hi All,

 

I have a question on applying for my wife's H4 EAD.

 

I work for a large US employer since last 5 years. I have approved I140 with the employer as well. My H1 and my wife's H4 visas are expiring in September and my company filed for H1/H4 extension in April.

 

Now, I received my H1 extension approval (which expires in 2018) however my wife's H4 extension is still in process and the lawyer at my company says it may take days, weeks or months to get H4 extension approved after principal applicant's H1 is approved.

 

So, my question is, do we have to wait until my wife's H4 is approved or is it ok to file for her H4 EAD based on my H1b approval 

 

Any help will be greatly appreciated.

 

Thanks!

[rahul412]

You can file for EAD, but her application will not be processed before H4 approval.