H4-EAD extension after new I-94 (approved H4 extension)

USA
1

Hello Anil, I received my first H4 EAD which was valid till 20-Nov-2024 (this was received on the basis of H1 applicants pending PERM for over 1 year and H1 applicant has completed 6 years using AC21).

H4 EAD extension was filed on Nov-8-2024 with new I-94 (received via 1 year H4 extension which is as valid till Nov-2025). This application is still pending with USCIS and current timeframe is around 13 months to process it (which is Dec-2025). On 540 days auto extension, job is continued.

In this time, received 1 more H4 extension (new I-94 valid till Nov-2026).

My pending H4 EAD extension had the I94 doc which was valid until Nov-2025 but as new I94 has come, will USCIS automatically consider the new I94 and approve the extension till Nov-2026? If yes, do I need to mail them new I-94 (and what’s the process for it if I need to submit any special form) so they can extend until new I94?

2

There is no guarantee that they will automatically pick up the new H4 i94. In most cases, they send an RFE to submit the new i94.

If i was in your place, I would send the new i94 (called interfiling). There is no special form for it.

3

Thank you.

Que 1 - If I send the interfile but if USCIS still approves the EAD until old I94 (Nov-2025), I am thinking to apply for new extension as well(while old one is pending). - any thoughts?

Que 2 - Lets say I applied the new extension (based on new I-94 valid until Nov-2026) before current EAD extension is approved. And my current EAD approval comes in Dec-2025 (but that EAD might have already been expired because old I94 was only until Nov-2025). In this scenario, will 540 days auto-extension be applied because I did file before my current EAD but that EAD renewal was not approved at the time of new extension filing?