Applying H4EAD when H1B is approved and H4 in process

USA H4EAD
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Hi Anil,

Thanks for creating a forum and helping people.

On July 1st my petition for H1B transfer was applied in premium along with my wife’s H4 extension. Since it was not yet 180 days before my wife’s EAD expiration(01/24/2020) , we could not apply for H4EAD extension concurrently.
On July 7th my H1B petition got approved but my wife’s H4 extension is yet to be approved and she completed her biometrics on July 25th. On July 28th, we will be exactly 180 days from current H4 EAD expiration so I am planning to apply for H4 EAD extension now.

In this scenario, I am planning to leave the I-94 field blank in 21.a section of I-765 form. I do not find any field or section in I-765 form where we could mention the H4 receipt notice number. So I am going to attach the H4 processing receipt notice and H1B approval notice. Please advise if this is the right way to apply ? Or should we wait for H4 petition to be approved and then apply ??

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HI Anil,

Recently my husband got h1b extension approved in premium. But still i didn’t receive receipt number for my i539 application.

  1. when can i expect receipt number and Bio-metric. After bio metric how many days it will take for h4 approval.

  2. Can i apply h4 ead with my husbands i-797 and i140? Do we need to add the h4 receipt number in i765 application?

Appreciate your response

Thanks,
Padmaja

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Hi @padmaja_penugonda

H4 extension receipt number can take 4-30 days to arrive along with biometric appointment letter.

You can file H4 EAD with pending H4 extension as has been answered above. Please read.

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Hi Anil,
I have applied h4 ead 2 months ago with my husband i-797 which expires in Marh 2020 and this is still pending with uscis.

Now my husband`s new h1b extension got approved last week but my h4 extension is still pending. i am planning to apply h4 ead extension with latest -797.

  1. can i apply h4 ead as new application?

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  2. Do i need to add pending h4 ead receipt number in the latest i-765 application?

  3. Do I need to add the i-94 number in the i-765 application and send the i-94 documents to the check list?

Appreciate your response.

Thanks,
Padmaja

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Yes, you have to say “yes” about filling i-765 before.

If you are filing H4 again and concurrently with H1B, then you can write the text “Filed Concurrently”.

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Thanks Anil for the update, I couldn’t able to understand " Field Concurrently" meaning. You want me to attach the earlier I 765 receipt copy which is pending with USCIS along this new application

where to write? and in which field. Sorry for the inconvenience,

Regards
padmaja

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Hi @padmaja_penugonda

This can explain what I am trying to say;

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A post was split to a new topic: H4 EAD RFE to send approved H4 i797 after H1B transfer

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Hi Anil, hope all is well and safe with you and family. I have a situation:

My wife was on H4 EAD working and this EAD is valid till May 2021 (My H1 current date) and I am 140 approved. Recently her employer filed her H1 and it got approved in Nov 2019 which means she moved her status from H4 to H1. All this is COS and in USA (no trips to India etc). Now her client company where she works as a consultant offered her FTE option, and for her to accept they need to do her H1 transfer from her current employer who did her H1.

Instead of her client starting her H1B transfer, can she file a change of status back from H1 to H4 and while this is in processing stages (not approved yet) as it takes 4-6 months min for H1 - H4 dependent status approval, can she work on H4 EAD so her client can hire her FTE using the existing H4 EAD which is valid till May 2021?

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Hi @miafl

H4 EAD cannot be used until the status is changed back to H4. The status won’t change from H1B to H4 until it is approved by USCIS.

So, simple answer is that you can’t do what you are thinking.

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Got it. Thanks for your quick reply in this matter.