H4 EAD extension after applying H1B + H4 extension

USA H4 Visa
1

Need your help. My employer applied H1B and H4 (I-539) extensions together in premium processing. My H1B extension approved within week, but no update from USCIS regarding my spouse’s H4 extension.

I thought of applying for my spouse’s H4 EAD extension (I-765) after getting H4 extension. But it looks like H4 extension may take few months. So, can I apply for H4 EAD extension as soon as I get H4 extension receipt notice? (or) Do I need to get H4 extension approval, before applying for H4 EAD extension?

I saw a similar post My experience with H4EAD - #3 by rooparls that it should be ok to apply H4 EAD based on H4 extension receipt. But in my case, I’m applying for H4 EAD extension and my spouse’s current H4 EAD valid for 4 more months.
Thanks.

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It should be fine to apply for H4 EAD with the receipt notice…If they issue RFE for approval, then you can submit the approval notice.
The only trick is, if they adjudicate H4 EAD before the H4 approval, then you will have issues providing the approval, so it can get denied as H4 is still pending… You can definitely give it a shot.

Other option would be to exit, get H4 stamping and re-enter and apply using that stamping so that you get full 3 years…

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Thank you very much @Kumar

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