When should i apply for h4 and h4 ead?

USA H4EAD
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1

I need advice. Scenario:

Currently, I am employed on F1 STEM OPT which ends on June 14th, 2023.

My spouse has approved I-140. His H1B is expiring in July 2023. He will apply for H1B extension in Jan/Feb 2023.

I am planning to apply for H4 and H4 EAD trying to avoid a gap between the F1–> H4 transition.

What’s the right time/month for me to apply for H4 and H4 EAD for the future starting date of June 15th, 2023 ?

Suppose it gets approved before my spouse applies for an extension, then do I have to again apply for H4 extension and H4 EAD renewal ?

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2

Apply with the H1B EOS and do premium processing for H1B.

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3

I saw your comment somewhere - “As far as I know, USCIS is not processing H4/EAD with H1B PP as they used to do in past.”

Why are you then suggesting me this?

4

H4/EAD won’t process until H1B is approved first so you will be at a better chance of getting H4/EAD approved faster if H1B is approved asap.

5

H1B is already approved and is valid till July 2023. H1B extension will be filed in Feb 2023. If I file H4 COS and H4 EAD in Feb with H1B, I may not get H4 approval and H4 EAD approval by June 2023 (even with premium processing).
As I said earlier, I do not want to take a break from my work and want a smooth transition from F1 OPT EAD to H4 EAD.
I am thinking of applying H4 and H4 EAD within 1-2 months. What’s your thought on that?

6

You can apply now based on your spouse current I-797 however if H4/EAD gets approved before the H1B EOS approval (to be applied on Feb 2023), the H4/EAD validity will be only till July 2023.

In above scenario, once the H1B EOS is approved, you can visit Canada/Mexico border to get your H-4 I-94 extended inline with the newly approved H1B. You can then file EAD extension before it expires and get auto-extension for 180 days so that you can keep working. Hopefully your EAD will be approved before the 180 days auto-extension expires, otherwise you need to stop working.

7

Thanks for your input. But I don’t think that I-94 extension at border is applicable in my case because I am on F1 visa. I don’t have H4 visa. I will have to go to stamping first before entering back to US.