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Question

Hi, My wife recently lost her job while on H1B visa. She has not found anything yet and I had her H4 filed via my employer. I have my I-140 approved, so we wanted to file an EAD along with the H4 application. However the employer attorney went ahead and filed the H4 application only, missing out on including EAD application along with it. They are now suggesting me to file the EAD application based on the receipt number of H4 application. I am considering the below 2 options: 1. Withdraw the current H4 application, and refile it along with the EAD 2. Keep the H4 application as is and file EAD on the receipt number of H4 application Concerns: - If I go with option 2, it might take a long time for my wife to get EAD (first H4 will be approved and then EAD). - If I go with option 1, then withdrawing the application and refiling (along with EAD) might make things messy. However I am not sure. Please suggest will option will work to get the fastest result. Also, if there is anything better than these 2 options, please do let me know.

User's Location: Sunnyvale, Alabama, United States of America

Category: H1B Visa (Work Visa)