H4 EAD And I-140 Relation


I am on H1-B Visa (expiring in December 2023) and alsomy I-140 is approved with my Current Employer. My wife just came to USA on H4 Visa. on other side I just got an another Offer from Company X , but Company X will file for green card after 6 month of joining.

What would be the best option for me to file for her H4-EAD ?

  1. File for H4-EAD before i transfer my H1-B to company X? or
  2. Transfer her H4 with my H1-B to Company X and than file for H4-EAD? if yes so ,

Am i eligible to apply for H4-EAD using previous I-140 ?

Your choice, however I don’t see any issue in either case. At most if you apply for EAD before transferring, USCIS may send RFE later on to submit your new I-797 from your new employer as a proof of your H1B status. If the transfer is being done using premium processing, you can apply after the transfer.


Thank you @Kalpesh_Dalwadi