My spouse got her H1 Visa stamped in Dec-2012 with an expiration date Sep-2015. She traveled US for 5 months and returned in May-2013. Her VISA got expired in Sep-2015.
During early 2016, her company applied for cap exempt and the VISA is approved in Sep-2016 with no lottery or interview process and she is current in USA. We have applied for H4 for me and got it approved.
My question is, are we eligible to apply for H4 EAD as her VISA is approved after expiration? We haven’t got I-140 approved yet. What is the eligibility to file H4 EAD?
Thanks in advance.