Apply EAD before or after H1-B transfer

[rameshkumarkcd]

Hello,

I'm on H1-B currently working for Company A. I have an approved I-140 for company A and have H1-B validity until March 2025. I would be switching to Company B for which H1-B transfer would be initiated in next 2 weeks or so. My Wife is on H4 and I'm planning to apply for EAD for the first time. Can I apply EAD now while I'm with Company A? It would take at least few months to a year for it to get approved but by that time I would have been moved to Company B. My understanding is I cannot apply for EAD once I move to Company B since it would need approved I-140 with Company B. Company B is saying they will initiate GC processing after 1 year of service. Is my understanding correct?

[rkk09]

Hi Member,

Please see my response below.

Can I apply EAD now while I'm with Company A? It would take at least few months to a year for it to get approved but by that time I would have been moved to Company B. My understanding is I cannot apply for EAD once I move to Company B since it would need approved I-140 with Company B. Company B is saying they will initiate GC processing after 1 year of service. Is my understanding correct?
Answer: You can apply H4 EAD application as long as you have H4 and I-140 Approval.. I hope you have crossed 180 days from Company A after you got I-140 Approved.. If so, then you will not have any issues filing H4 EAD petition and look for approval.

All the best.
Thanks