From H4 to H4 EAD

USA H1B Visa
1

Hi Saurab,

Can I apply only for H4 visa for my wife and then later once we are in USA can I upgrade that to H4 EAD?

is it a problem if I apply H4 EAD for my wife when I go for my H1B stamping?

Thanks in advance.

2

That is the only way to go. EAD can only be applied after she has entered US on H-4.

So enter US on H-4, and then apply for EAD. It is not an upgrade, but filing another form.

You cannot apply for EAD while she is in India, and so at the time of stamping its just H-4 stamping.

Also, EAD can be applied only if you have an approved I-140 or entered in 7th year of H-1. Is that the case?

3

From whom I need to collect I-140 Saurab?

4

I-140 is issued during green card processing. Your employer has to start the green card process, and I-140 is issued about 1-2 years later.