Can I get H4 EAD if my spouse is on H-1B cap-gap?

H4/H4 EAD
January 01, 2026
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Answer

No, H4 EAD is not available during cap-gap:

  • Cap-gap is F-1 status extension, not H-1B status
  • H4 EAD requires valid H-1B status
  • During cap-gap, spouse is still on F-1 status, not H-1B
  • H4 EAD becomes available after H-1B status begins (October 1st)

Timeline: Wait until H-1B status begins, then file H4 EAD if I-140 is approved or spouse is in 7th year extension.

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