H4 EAD Extension before 180 days of Expiry along with H1B/H4 extensions

H4-EAD
1

Hi Anil,

I have a H1B and H4 valid till feb 2020. I am planning to file extension in september 2019.

But my spouse has H4 EAD( till Aug, 2020.) which has 6 months more validity than H4.

H4 Validity : 02/2020
H4 EAD Validity : 08/2020

Can I file H4 EAD extension with H1B and H4 extension applications in September 2019 ?

My concern is, whether I should file for H4 EAD extension along with my H1B and H4 right away OR wait till march and only file 180 days
before the expiry of current EAD document?

If we will apply H4 EAD now what are the complications expected? Can USCIS will reject current H4 EAD or I can we get RFE for new application.

Please refer below URL:

https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

“You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD. If you still will be eligible for work authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 180 days before your original EAD expires”.

That’s why I am little worried. I have few scenarios in my mind regarding H4 EAD on which I want some more clarity.

They are as follows-----

A) What can be the maximum consequences/disadvantages/implications if we apply H4 EAD extension along with my H1B and H4 extensions?

B) Can USCIS reject the H4 EAD and take application fees OR send RFE OR put our H4 EAD case on hold? If they put it on hold, when they will resume?

C)If they reject supposedly, then will there be any impact on our current H4 EAD approval ? Can they revoke or change the expiry date of current EAD?

E) If USCIS cancel/reject(not process) our new H4 EAD application for extension if we apply now, and if they do, will I be able to re-apply that again on the desired time, that is before 180 days of expiration of my current EAD.

F) What can be future consequences on my H4 EAD extensions we apply for ?

Thanks & Regards,
Sam

2

Hi @Sam1

USCIS does not refund any fees. Your H4 EAD application will receive RFE to apply within 180 days of current card’s expiry.

Whatever decision USCIS takes, the current H4 EAD stays valid and is not revoked. No future H4 EADs are affected.

3

Thanks Anil for your response.

Do we need to reply for the RFE? What they will expect? Does you mean they will put on hold and we need to apply again within 180 days before the expiry?

Can we apply H4 EAD on the basis of H4 receipt number?

4

What USCIS will expect will be written in the RFE letter. I cannot guess as to what will they request.

You need a valid H1B extension approval to file H4 EAD.

5

Hi Anil,

Have you seen H4 EAD RFE cases apply before 180 days of expiry and normally what they ask?

Thanks
Sam

6

Hi Anil,

Can you please respond to below concerns?

  1. Have you seen H4 EAD RFE cases apply before 180 days of expiry and normally what they ask?

  2. Can USCIS change the expiry date of current EAD card from 08/2020 to 02/2020?

Thanks & Regards,
Sam

7

Hi @Sam1

USCIS just sends the RFE that you are not allowed to file before 180 days. I have already told you this before.

Current EAD dates are not affected by new application.

8

Thanks Anil… I will let you know my status.

9

Hi Anil,

One last question, can my spouse continue working if the H4 extension renewal application still in process after Feb, 2020.? Because my spouse has valid EAD till Aug, 2020?
Or do we need to wait for the H4 extension approval?

Thanks
Sam

10

Hi @Sam1

Can you explain as to how the H4 EAD validity is longer than H4 extension?

What sequence of events has made it happen?

11

Hi Anil,

I don’t have any idea. I can only say my six years cap matching with the expiry date of H4 EAD.

Thanks
Sam

12

Then, why isn’t your H4 match to H1B 6 year extention?

Have you missed any H4 extention? Are you sure?

13

Even my current H1B is valid till feb, 2020 (Same as H4).

Actually last year i did H1B transfer along with H4 and they gave us validity till Aug, 2020(complete 6 year cap). But i didn’t join that new company after my transfer.
After that I filled H4 EAD. May be they had given EAD validity on the behalf of new H4.

But i didn’t join that company. Might be the another reason.

These are just my guesses and I am not sure about the actual reason

Thanks
Sam

14

If you did not join the new company, then, they must have applied for the withdrawal of your approved H1B.

Are you still counting on the their i94? You should contact an attorney to check your situation as you are not sure of what has happened.

It is difficult to suggest anything unless you are sure about the sequence of events and the documents you currently have.

15

Hi Anil,

I didn’t join new company and stick with my old employer and for them i already have approval till feb, 2020. And I will file petition for my older employer.

Does it matter whether new employer revoke the petition or not as I didn’t join them and didn’t not activate I-9. My I-9 is still activate with my old employer.

16

The i94 date matters and not I-9.

17

My H1B and I94 is valid till Feb 2020 with my current employer.

18

Then, you should apply for extensions before Feb 2020 for all your H1B, H4 and H4 EAD.

19

Yes, as I mentioned in my first comments, i am planning to file in september for H1B and H4. But i am not sure whether i should file or wait till march 2020 for H4 EAD extension. Because H4 EAD has more validity than H4. That’s creating confusion for me.

20

You can file H4 EAD 180 days before its expiry as per the validity date printed on the card.

You can keep using the card as long as you van maintain H4 status.