H4 approved but EAD is pending. Can I get EAD auto extended by getting new I94?

USA H4EAD
1

My spouse’s H4 is approved (along with H1 premium processing ) but EAD is still pending. If we travel to India to get H4 stamping and come back into US with I-94 with 3 yrs validity, will spouse be eligible for automatic H4 EAD extension?

Everywhere folks talk about applying EAD after new I-94 is issued but nowhere have I found how my case works. If both H4 COS & EAD were pending while I get stamping from india - H4 will be abandoned and EAD as a result, but my case is different.

Appreciate confirmation from anyone that has been in same boat.

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If your H4 is approved, then you must have got a new extended H4 i94.

That’s sufficient to get EAD auto extension if you had filed EAD renewal before current EAD expires.

No need to go for visa stamping.

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Thanks Anil! Got it, didn’t know that I-94 on the receipt notice is gonna be enough,

One followup question, if we now travel abroad, could it still result in EAD RFE? Should I proactively interfile I-94 before we leave US? Also traveling abroad now doesn’t anyway change the auto-extension eligibility right?

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Hi,
I am new to this forum. Please do not depend on the I-94 that attached to the H4 I-529 . Our H4 EAD is denied when we presented the H4 approved copy along with the I-94 came with it for a RFE to show the status. Please try to get another opinion.

Prasad

5

Hi @Narayana_Prasad_Ravi

The most recent i94 is needed always.

You must have got a new i94 after your H4 i797 was issued.

1 Like
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Hi Anil,
Thank you for reply. I have sent the h4 approval notice along with the I-94(attached to the approval notice). Still USCIS denied our application. Crazy times in USA. I do not want others to feel for the same mistake as I did.
Old h4 valid: Oct 2023
New h4 approved in June : valid dates from Oct 2023- Oct 2026
Back from trip on old visa in July : this i94 is based on old visa

Now will the new i94 which came with the h4 approval is valid or not?. On the i94 it clearly stated that valid from Oct 23 - Oct 26.

In all my previous h4 approvals the start date is immediate to the approval date. This time it is different.

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Hi @Narayana_Prasad_Ravi

As I told, most recently ISSUED i94 is considered valid.

You entered US after you received H4 i797 i94. The new i94 issued after H4 i797 would be considered most recent in your case.

You sent a wrong i94 and hence the application was denied.

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But I94 dates on h4 clearly shows valid from Oct23 then how they consider the old date. The new H4 and I94 dates are valid from October then how can I use them in July.