I got an RFE for my H1B extension. Me and my spouse both have I140 Approved. When my H1B RFE is responded can i simultaneously apply for an H4/H4EAD using my Spouse I140 with a future date as a backup. In case the H1B RFE gets denied I still would have the H4 EAD.
If this option is not available, i will anyways go-ahead an apply for H4/H4EAD. While this is being processed can I travel back to India and work from India and wait till the H4/h4EAD is approved and then come back with stamping and continue to work. All I am trying to do here is to not have a gap in my employment.
First check the reason for H1 RFE and what was replied for it.
spouse’s H4 needs only a valid H1(of other spouse) and marriage certificate in case of spouse. Any other issues (like your own H1 issue/ any other issue) doesnt have a play there(only exception is fraud/lies on your own petitions history). So, you are free to apply H4 EAD in parallel while your H1RFE is in pending.
Caution: what ever approval comes later would over-ride any previous status (ex: if your H1RFE approve and later your H4+H4EAD approved, you will be in H4 status at that time).
Below is the link for the same question with different answers from you-
Already on approved H4 visa now. I will only be applying for EAD card (based on spouse I-140 approval) while my H4 to H1 COS is in process. If, my H1 is approved first and then EAD approval comes later, could you please clarify what status I will be in please?
You will be on H1 status thus, that EAD has no meaning at that point.
Basics: H1 and H4 are Visa status while EAD is NOT a Visa and it doesnt define a legal status and it doesnt give a right to live in US. Thus, your status would be changed to the latest approved visa status(which is H1 in your above situation) and EAD is NOT a status. Your EAD needs a valid H4 visa to use it.