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Filed: AOS (pnd) Country: Taiwan
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Dear all,

I have H-1B and my wife has H-4.

My I-140 was approved and my PD is current. I have filed my I-485 application last week.

In the I-485 application, I have filed the I-485 EAD/AP for me and my wife. On I-765, her eligibility is (c)(9).

After filing, I came to realize that there is such thing called H-4 EAD, eligibility (c)(26) on I-765. It seems that H-4 EAD does not depend on the outcome of I-485. If the I-485 were denied, she can still have the H-4.

My questions are:

(1) Can she submit another EAD application under eligibility (c)(26), now? The answer seems to be NO, because "an applicant cannot file for a renewal EAD more than 180 days before the original EAD expires," and my understanding is that USCIS can only issue her one EAD at any given time. However, she currently has no EAD.

(2) If the answer to (1) is YES, then what are the PROs and CONs for her to apply for the H4 EAD, eligibility (c)(26)? It seems:
 
PROs: Using H-4 EAD is independent of the outcome of the I-485 application and she would not need to worry about losing her H-4 if the I-485 were denied.
 
CONs: (2a) She needs to pay $410, and the EAD has no AP.; (2b) Even if the I-485 were denied, she would not need to leave the US immediately, because she can apply for H4 again (as long as my H-1B is valid) and while H4 application is pending, she can stay and the period in the US is considered "authorized stay". (2c) Applying for one more EAD will negatively affect (e.g., slow it down) the process of the original EAD/AP application and the original I-485 application.

 

Any comments are appreciated!!

 
 
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