EAD criteria for H4 visa holder - clarity required

Hello folks,

I am exploring the option of shifting to the US and work under EAD being granted to those on H4 visa.
I would be highly grateful if you can guide me with the below,for me to able to make a more informed decision.

Background: My to-be husband is in the US for almost 10 years now. He completed his MS and MBA from US and his H1B has been extended over 6 years already. He is in his 8th working year. His I-140 was approved with his previous employer in 2011. He has been working with a new firm last 14 months now and the new firm is in the process of reapplying his PERM and I-140. We just checked online that the previous employer has not yet revoked his previously approved i-140.

I have referred the following USCIS link for my understanding:


  1. Basis (b) H-1B Principal Received AC21 106(a) and (b) Extension. under 3. Basis for authorization (page 4), am I eligible for EAD irrespective of current I-140 status of my spouse currently on H1B? As he is on his 8th year of H1B?

  2. If the above is not true, Pls help me with better understanding of this above point with respect to my case.

  3. If we speak basis (a) Approved Form I-140. under 3. Basis for authorization (page 4), just to reiterate my spouse’s I-140 with previous employer is still active but fresh process of PERM is being initiated by his new firm. If the previous company doesn’t revoke his I-140, at what stage of his new PERM application/ i-140 application does his previous 1-140 gets revoked automatically? I was considering this because if the previous I-140 gets revoked/ cancelled automatically just before the fresh one gets approved, then I have almost 1 year and can explore the option of applying for EAD basis this criteria as well?

  4. Every time my spouse gets a fresh I-140, I too have to keep reapplying for my EAD? Even if my spouse has already been working beyond 6 years on H1B ?

Thanks a lot
Eagerly waiting for insightful responses :slight_smile: