H1B extension e-filing with premium processing & H4+H4 EAD paper filing

USA H1B
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1

My H1B, spouse’s H4+H4 EAD & kid’s H4 are expiring on 30sep2024. All of them have same expiry date as 30sep2024(on both I-94 and I-797 approval). My employer is e-filing H1B extension with premium processing alone in the first week of September 2024.

As my employer is not willing to combine H4’s+H4 EAD along with my H1B, we are going to paper file H4(spouse)+H4(kid)+H4 EAD extension concurrently as soon as we receive h1b receipt number.

My questions are-

  1. I heard from the employer that we will receive receipt number as soon as h1b is filed electronically. What copy can I include for H4(spouse)+H4(kid)+H4 EAD extension as it will take time to get h1b receipt in mail? Can I include I-129 form copy or should I need to wait for h1b receipt?

  2. Do we get h1b receipt copy digitally as soon as it is filed electronically ?

  3. I’m so worried as there is only 3weeks in between before the expiry date. Did I miss any foreseen issues ?

  4. what if I don’t get the receipts for H4(spouse)+H4(kid)+H4 EAD before expiry date?

Thanks!!!

2

You should wait for H1B receipt copy.

Digital copy of receipt should be available in the online account. But it is not always guaranteed to be there.

You should file it before H4 i94 expires so that there is no unlawful status

3

@anil_am22 Thank you much for your reply!

4

@anil_am22 one more quick question!

I’m confused about received date and notice date

Which one will be considered so that there is no unlawful status?

Is that ok if we don’t receive the receipt notice in hand before expiry date?

5

USCIS receipt date is considered the real date to keep in mind.

The receipt date should be on or before the i94 expiry date to be considered filed timely.

6

Thank you so much @anil_am22

7

Hi @anil_am22, Question regarding online receipt notice!

Online(e-filing) i797C Receipt Notice for i129 Petition doesn’t have DHS header and footer section. Will this be a problem ?

8

Did you check with your attorney if you used one?

Did they receive the full receipt notice?

9

@anil_am22 They received full notice but without header and footer sections