Can i apply for EAD while my H1B is in received state?

[neeraj.ch]

Hi,

I got my H1b in lottery this year but it is still in received state and is not processed yet. My Spouse is going to have I140 approved in next month. My question are as follows:-
1> can i apply for EAD once my spouse gets I140 approved?
2> What is the adjudication timeframe for EAD?
3> Will EAD impact my H1B processing or vice versa?

What do you suggest? Is option 1 a better idea for backup plan?

[shervin143]

I got my H1b in lottery this year but it is still in received state and is not processed yet. My Spouse is going to have I140 approved in next month. My question are as follows:-

1> can i apply for EAD once my spouse gets I140 approved?
>>> Yes. You can apply for EAD if you remain in H4 status. If your H1B gets approved, then you cannot apply for EAD since you will not be in H4 status.

2> What is the adjudication timeframe for EAD?
>>> 1-3 months.

3> Will EAD impact my H1B processing or vice versa?
>>> If your status changes to H1B, then your EAD will be denied.