Can I file H4 Extension separately after H1B Transfer


My wife currently in India, recently did H4 VISA Stamping and having VISA until Aug 2024.

I recently did H1 transfer and got the VISA until June 2025.

My wife will be returning soon to USA and I wanted to apply for H4 EAD.

Question: If I just apply H4 EAD then she may get it until Aug 2024. Is it ok to apply for H4 Extension and H4 EAD so that she will get H4 EAD until June 2025.

Please suggest. Thanks for your guidance.

Best Regrards
Praveen G

Yes, provided she enters the US using your I-797 and gets her H4 I-94 till June 2025. Then you can use her I-94 to apply for H4 EAD.


Hello Kalpesh - Thank you so much for your replay. It is helpful.

One more question - During the port of entry, usually officer will look at VISA and provide I-94 right. In this case, whether my wife need to specifically ask to check my new I797 for latest I-94 date? Is it ok to ask like this? Or help us how to approach this?

Please provide some guidance. Thank you.

For H4 it will be copy of H1B I-797. Provide the print copy of approval email from USCIS and case status page if you haven’t received I-797 approval notice ( lately many have reportednot receivedapprovalnoticefrom USCIS for more than 60 days after approval). Specifically mention to the CBP that primary H1B or the employer haven’t received the approval notice yet. Maybe carry a letter from your HR stating the same. Also provide last three pay stubs and employment verification letter just in case if requested by CBP.

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Thank you Kalpesh. I have the new I797. Do we still need pay slips? Which I don’t have. I am joining new company on Sep 2nd and wife is traveling on Sep 5th.

Please suggest whether my wife need to enter into USA with new I797 or old I797.

Most recent three pay stubs, from current employer is fine, just to be on safer side.

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