L1B extension filed - can I apply for H4 EAD to be on the safe side?

[Amazumda]

Hello everyone, I have been working in USA on an L1B visa since April 2018. My company has filed for an L1B extension [non premium processing] last week as my L1 I-94 date is approaching expiration. I was told I would receive a result from USCIS - approved, rejected or RFE in 4-5 months time. My question is - I got married recently and my spouse has a I-140 approved H1B application. Should I simultaneously apply for an H4 and H4 EAD application right now. The reason why I am worried is - if my L1B extension gets rejected for any reason - and I apply for the H4 EAD then - in Aug/Sept 21 - it would take another 8-9 months for the EAD to come through. In the meanwhile, I would become unemployed in US. If I file now - I can ask my company to allow me to work for 3-4 months from India till my EAD gets approved by Dec.

My questions are:
1. Will filing for H4 and H4 EAD now impact my L1B extension application?
2. What is the current processing times for L1B extension applications and H4 and H4 EAD applications [average]? Husband's H1B was filed in California.
3. I was planning to apply for H4 and H4 EAD in May and withdraw those applications if my L1 extension comes through in Sept? Is that legal and advisable?

Thanks and best regards,
Aparajita

[Libra_14]

1. Will filing for H4 and H4 EAD now impact my L1B extension application?

No - both can run in parallel.

2. What is the current processing times for L1B extension applications and H4 and H4 EAD applications [average]? Husband's H1B was filed in California.

Approximately 6 months for L1B extension & 12 months for H4 EAD.

3. I was planning to apply for H4 and H4 EAD in May and withdraw those applications if my L1 extension comes through in Sept? Is that legal and advisable?

It is certainly legal.

[Amazumda]

1. Thank you so much. I am a little confused - I read somewhere that if my H4 gets approved before my L1B extension, I will have to stop working till my EAD comes - is there a maximum gap between when H4 and H4 EAD can be issued? or there is no such limit. My company is OK if I stop working and go to India and come back when I get my EAD? Is that a risk worth taking?
2. What are the pros and cons of being on an L1B and H4 EAD?

[Libra_14]

1. Thank you so much. I am a little confused - I read somewhere that if my H4 gets approved before my L1B extension, I will have to stop working till my EAD comes - is there a maximum gap between when H4 and H4 EAD can be issued? or there is no such limit. My company is OK if I stop working and go to India and come back when I get my EAD? Is that a risk worth taking?

Yes, if your H4 is approved, before your L1B extension, technically, you'll be on H4 from that date & you cannot use your existing L2 EAD. You'll need a new EAD based on your H4.
Its your call to take that risk, leaving your job & country.

2. What are the pros and cons of being on an L1B and H4 EAD?

Once you leave your L1B status, you'll be dependent on your spouse H1, if by any chance H1 is expired/declined, then you too will have to leave the country. While if you maintain L1B visa & your spouse loose H1 status, then your spouse can switch to L2 EAD & continue to stay/work in USA.