Can we file ead when h4 extension is In progress

Hello Anil,

We had filed h1b transfer with h4 [current h4 expired on 24th July ] for my spouse in premium. We got h1b approval but h4 we Jz received receipt. I have two questions -

  1. We did not get biometrics schedule for h4 - is it something that we should worry about it. It is more than a month now that we got receipt.
  2. Can we file for h4 ead with h4 receipt.
  3. My spouse will be visiting India in October and will get stamping done but will it impact anything if we ead is filed [ this doubt is valid based on answer of question 2]

Hi @Parmad

Biometrics letter should have been received by now. Call USCIS and ask.

Hi , If H1B and H4 both extension pending & current H4/i94 is expired. Can person apply for H4 EAD? If yes, What can be used as H4 status evidence when applying for H4 EAD.

Hi @puneeth

Your pending H4 extension will act as the proof of valid status.

Your forum clears lots of doubts and your guidance is really appreciated, Thanks Anil

1 Like

My employer filed my h1b extension along with wife’s h4 extension in premium BUT they did not file wife’s h4 EAD extension saying that i have to file it myself.

I have yet to get receipt number

Question is at what point of time can i file h4 EAD extension? Can i file it with h4 receipt only? before biometric appointment or do i need to wait for complete h4 approval and then file?

What is the best strategy.

(note that wife’s current EAD is still valid till aug 2020)

Hi @asrm_arfg

You can file H4 EAD while H4 extension is pending. You will need H1B pending receipt number.

Hi @Jayanth

I don’t understand your question.

You have both H4 EAD and H1B? Which one are you currently using? H4 or H1B?

Hi Anil

Sorry for not providing a clear message…

I am planning to apply H4 EAD for my wife, but her H4 approved petition I-797A have some typo error , so I have raised the service request and am waiting more than 5 weeks but no response from the USCIS…

My current H1B is approved till Sep 30 2020 which is less than 7 months from now, please suggest me whether I can submit the H4 EAD application for my wife with old approved notice (incorrect name) or should I wait for corrected notice. Please advise me.

Thanks,
Jay

Hi @Jayanth

If you do not have any urgent need of H4 EAD for your wife, then my suggestion is to wait.