Since the H4 EAD processing time might take longer than regular 90 days processing time, the question is whether an interim EAD will be issued based on this. An interim EAD is one which is issued temporarily because of the delay in processing. But unfortunately by the time an interim work permit is issued, the EAD might already be available.
We hope that the Interim employment authorization rule will apply - The rule states that USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 74a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n).
Based on the final rule of H4 work authorization, we all hope the H4 EAD processing time will actually be less than 90 days. Otherwise, you can claim an interim EAD. For more information or to apply for your H4 work permit, feel free to call us at 510 742 5887.