H4 EAD and H1B in parallel

Hi- My 6 Year H1 B Max out date is on 10/10/2023 and I might have another month of extension, if I reclaimed my Vacation days. My company have filed my PERM on Dec 22; however, the PERM takes about 8 months’ time which is around Aug 23, which leaves only one month before my h1b max out. With that said, what are my options as a back-up plan. My spouse has a H1B with I140 approved, can he file an H4EAD for me while my PERM is in process? so that I can continue to work, will filing H4EAD affect my PERM process of H1B status, also by what time we should file H4EAD, can we have both H1 till 10/10/23 and H4EAD in parallel at the same time?. Please can you suggest?

Yes. Though you will also need to apply for change of status from H1B to H4.


Asap so that the H4 and EAD can be approved before your H1B expires and you can continue with your job on H4 EAD after it is approved.

No. As mentioned above, for H4 EAD you need a change of status from H1B to H4. You can only hold one non-immigrant status at a time.

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