H4 and H4 EAD related questions

USA H4EAD
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1

Hi ,

I have below questions for H4 and H4 EAD filing:

  1. If I am filing H4EAD along with H1B as concurrent filing, do I need to write “Filed Concurrently” or should I leave blank for Q29?

  2. My current H4 I797 is valid until end of November. Can I take my Husband’s new H1b Approval (I797) for H4 visa out of USA in October?

  3. While My H4 and H4 EAD is in pending with USCIS and my husband’s H1B is approved, Can I go to Canada / Mexico (If I get dates at consulate) and get my H4 Visa stamped based on my husband’s H1B(I797)? So, I can get extension for H4 EAD.

Thanks for the answer in advance.

2

What form you are referring to?

Yes.

You may be able to extend H4 I-94 with the CBP at the Mexico/Canada border.

3

Hi Kalpesh,

Thanks for quick reply !!

  1. What form you are referring to?
    I am referring to I-765 form, Q29 - where we need to provide H1 B’s approved
    receipt number. (Below is the screenshot)
    image

  2. Regarding, extend I94 with CBP at Mexico/Canada border

    My current H4 Visa is valid till July 2022 and I94 is valid till November 2022. Now If
    my husband’s H1 B is approved and my H4 is still pending with USCIS. Now if I go to CBP at Canada border in suppose October, then will my I94 get extended? Also, in this case do I need to cross border and will I need Canada visa ?

    OR

    I need to go to US consulate in Canada for H4 visa stamping?

Thanks

4

You can provide the current valid I-797 # and attached a copy along with other EAD supporting documents. Something to keep in mind…treat all applications as separate even if filing togather and attached any redundant copy of documents with each application. For e.g. primary H1B valid I-797 copy should be attached with all three applications (I-129, I-1539, I-765)

Did you go through the two posts that I shared? AVR can be used while entering back however if you enter Canada you may need a visitor visa for Canada.

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5

Hi Kalpesh,

Really appreciate all your help and patience!!

Please let me know if my understanding is correct. My current situation is as below:

My H4 visa is expired. I have I94 valid till November 2022. Now we apply for H1B, H4 extension and H4 EAD extension as concurrent filing. H1B gets approved. However, H4 extension and H4 EAD extension is still pending.

Now I take my husband’s H1B approval, valid I94, expired visa and cross US-Canada border in October2022 alone (My husband won’t accompany me). I will be able to enter US again based on AVR with extended I94. Is that correct?

One more thing, My Passport is expiring in July 2023.
Will my I94 get extended for 3 years(based on H1B approval period)
or till my passport validity.

Thanks

6

Hi @Kalpesh_Dalwadi / @anil_am22 ,

Appreciate all your help with the great platform. Please confirm if my understanding is correct based on my above situation. That will be very helpful.

Thanks in advance.

7

Till your passport validity as it is expiring before the I-797 validity.

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