H4 EAD - H1B/H4 Extension Pending - Questions & Answers

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Hi Anil,

I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice.(i filled this Receipt notice number in Question 29.)

Also please list down all documents in this scenario will be great help.

Thanks in advance.

H4 is pending and H1B approved. which address do i need to send H4 EAD application?

Here is the USCIS address where both H4 and H4 EAD should be sent.

Continuing the discussion from H4 EAD - H1B/H4 Extension Pending - Questions & Answers:

Hello Anil,

@anil_am22

We have been seeing lately that USCIS is issuing RFE’s on h4 EAD cases to submit pay stubs of spouse. Their website does not mention in the list of documents to submit it. Any thoughts on why so?

H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not.

They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently.

Hi,

We are preparing to apply for my wife’s H4 EAD. My H1B extension has been approved but my wife’s H4 extension is still in process (applied 5 months ago) and USCIS says it can take up to 15-19 months to get H4 extension. Her visa and I-94 expired a month ago. Can you tell me if we can file H4 EAD? If so, what should we send as documentation for her I-94? Also, should we also send the H4 extension receipt?

Thank you in advance for your help.

Hi @Janam_Bakshi

Did you read the linked article given above?

A post was split to a new topic: Two H4 EAD application pending, first in RFE, second approved, should i reply to RFE?

@anil_am22 thank you Anil for your reply. What if the i-140 has just been approved 10 days before applying for h4 EAD do they still need pay stubs of h1 spouse to prove the status? Waiting to hear back. Thank you!

The I-94 on H4 797 is longer but online I-94 is shorter due to passport expiry.
Now I have renewed my passport and I-539 is pending for I-94 extension.
My question is can I apply EAD renewal using 797’s I-94 number or I need to wait for I-539 approval, which is filed for I-94 extension?

Hello,
I had filed for H4+EAD Extension application. Since H4/EAD are taking time, my current employer also filed for H1B COS in normal processing.

Yesterday I see that my EAD status got changed to “Document being produced”, My H4 extension for my kids and myself still shows pending. My COS application is still pending.

  1. I understand that the EAD is dependent on H4. It could not have been approved without H4 being approved…

  2. In between all this if My H1B COS also gets approved, What would be my status.

The only reason my employer had filed for COS, was dues to long processing time. Please suggest.
As per me, what ever gets approved, I am going from job and maintaining status front.

Hi Anil,

With this strategy where H1B is approved but H4 is pending if someone file H4 EAD , can we see EAD can be approved faster like in 2 to 3 months ?

USCIS won’t approve H4 EAD unless H4 extension is approved.

Ok Thanks. How about get visa stamped in home country and then apply for EAD . Will EAD get in 3 to 4 months ?

You can get H4 visa stamp outside US and then apply H4 EAD again.

This will probably get you EAD faster than waiting for H4 extension but there is no guarantee.