H1B RFE and H4/H4EAD concurrent filing for same H1B that has RFE

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.

Thanks in advance for responses.

  1. First check the reason for H1 RFE and what was replied for it.
  2. 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).

Can you please tell me what status will I be in in this scenario-

H4 to H1B COS is in process. My spouse has an approved I-140 so if I apply for H4 EAD in the meanwhile, and my H1B is approved first and H4 EAD is approved later,

  1. What status will I be in? H4 or H1B?

  2. Can I still get an approval on H4 EAD after my H1B approval? Is it possible?

H4, as H4 got approved later



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.

If you read your question carefully, you have mentioned H4 EAD but not JUST EAD. Thus, it gave me an undestanding that your H4&EAD is getting approved AFTER your H1B is approved.

Sorry for the confusion. Thank you for your responses!

Thank you for your prompt responses!