H4 EAD Extension questions

I’m filing for H4EAD Extension, as my current EAD will expire in less than a month. I’m filing under category (c)(26) Spouse of H1-b. His H1-b approval was received while my H4 approval official notice was not received by his employer’s attorney. They have filed a form I-824 for a new action on the I-539 application, which is still in process.

My questions are as follows:

  1. Am I eligible to get the automatic 180-day extension under the new rule?
  2. Should I include I-140 as well as I-129 approval notices for my spouse?
  3. If I file using previous EAD card, and copies of I-539 receipt (approved but document not received) and I-824 (in progress), is it sufficient?
  4. For i-94 record, which one should I include in the I-765 form?
    4.a) Most recent i-94 from cbp website, referring to my last travel
    4.b) Previous I-539 (which was approved after last travel) has a i-94
    4.c) I don’t have the most recent extension i-94 from the latest I-539, as it’s official approval notice is lost
  5. If I include the notice that came with my previous H4 EAD card, it includes the A-number, will it help the case with above problems with H4 approval notice.
  6. Does including that tear-off notice help with speeding up the case?


Hi @Kalpesh_Dalwadi, requesting a reply on above queries, I am not sure if you are an admin or official am22tech member, but saw your responses on previous posts, hence requesting your response here. TIA!

Yes if your H4 is approved and you hold a valid I94.

Should be ok.

Refer #2.

I dont think you need to.

Dont understand the question.

Hi! @Kalpesh_Dalwadi Thanks a lot for the reply.
I have one more question - if I am applying for renewal, should I send the check to cover only application fee (410) or that including biometrics fee (485) ?

You need to refer to USCIS for latest forms, the filing fee instructions and the service center to apply.
For form I-539 it is $370 and there is no biometric fees as the biometric requirement is withdrawn till May 2023.