Can I apply for H4 and EAD at the same time while I am within the country?


I have initially been on H4 (since 2010) and have been on H1-B since 2012. My H1-B extension has been filed in October 2014 and I have received an RFE on my case. The RFE has been replied but I haven’t heard back anything from the USCIS yet. I am considering moving on to H4 to avoid the payroll hassle. My questions are :

  1. My husband has a I-140 approval, but not from the current employer. Can I still use his I-140 to apply for H4-EAD?

2… Can I apply for H4 and EAD at the same time as I am in the country and I have been on H4 before?

  1. Can I apply for H4 in premium processing? Will this have any affect on the H1-B extension that is in progress?

  2. Can my husband switch employers while I am on his H4-EAD? What will I have to do in such a situation?


Hi Mary,

  1. Yes, you can apply for EAD using the present I-140

  2. EAD application in your category needs an approved current H-4. Application is done in sequence

  3. No effect, you can choose any option

  4. Yes, he can switch employers. The EAD is employer independent for you and H-1B employer identity independent once issued.

Best wishes

Dr. Sandeep Shankar,;