My H-4 extension is currently pending, and my spouse’s I-140 was just approved. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 extension to be approved?

Answer

An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder’s I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based on the pending application, so that they all have the same end date. (26.Feb.2018)

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