Can I Apply for H4 EAD - I-140 situation with spouse?


My situation is I am lost my job and PERM is also denied. However, my spouse has got her i140 approved and he H1B is filed for an extension [normal process] based on i140 few days back as she is about to maxout in less than 10 days. I got to know about Edakunni Settlement after her extension was filed. My question is can i file my H4 and H4 EAD now if we ammend my wifes extension while we upgrade her extension filing from normal process to premium. Do you think USCIS would adjugate my H4 and H4 EAD at the same time as H1B extension as would have been done if it were to be packaged together in the 1st place.

Typically you need to send H4/EAD in same packet as the H1B if you intend to premium process H1B so H4/EAD can be approved same time.
When you file all three at the same time the filing address is the one that applies for I-129/H1B form.
If H4/EAD is applied separately similar to tour scenarios, the filing address will be based on the H1B receipt first three letters and so it may end up in a different processing center than the H1B.

Talk to your immigration lawyer who filed H1B if they can include H4/EAD filing aling with premium processing upgrade.