A person in valid H-4 status may apply for an EAD if:
1) Their H-1B spouse is the principal beneficiary of an approved I-140 Employment-based Immigrant Worker Petition; or
2) Their H-1B spouse has been granted H-1B status under the AC-21 legislation, which allows for extensions of H-1B status beyond the usual 6-year maximum if:
a. The H-1B holder has been in the permanent residency process for at least one year prior to reaching their 6-year H-1B maximum. Time toward the one year begins to count on the day a PERM labor certification is filed with the DOL, or if the category does not require a PERM filing, then the day the I-140 Immigrant Worker Petition is filed with USCIS; or
b. The H-1B holder is the beneficiary of an approved I-140 in a category which is subject to immigrant visa quota backlogs.