H4 EAD rejected when H4 Extn pending but H1 B Approved

Hello Anil,

Happy New Year…

Recently we got a rejection notice from USCIS for H4 EAD as H4 Petition is expired on Dec 31, 2020.

We applied for H4 EAD when H4 797 was valid and we applied for H1B and H4 Extension… We got approval for H1B Extension but H4 Extension is still pending… Meanwhile we got RFE to submit the latest Paystub for H4 EAD and we submitted all the recent paystub of Primary (H1B). After receiving the paystub they sent a deniel notice saying “Your Form I-539, Application to Extend/Change Nonimmigrant Status, to extend your H4 Non Immigrant Status Expired on December, 31, 2020. Therefore, your application for Employment Authorization (i-765) is denied”… However if i disagree with this decision, i can submit a motion to reopen by completing the form i-290B.

With the above information, do you think that i can submit a motion to reopen as H1B Extension is approved and H4 Extn is in progress ?

Kindly let me know your thoughts…


Why didn’t you send the pending H4 extension receipt copy when they had asked for H1B payslips?

It was a clear indication that USCIS wanted to verify if you have the legal status or not.

You can try to reopen the case and submit proofs.

Hi Anil, Thanks for the reply…

Thats why i am surprised… I sent my H1BExtn approval, H1B Payslips, Address change form and also H4 Extension receipt when they raise RFE…

When you say reopen the case is that through Motion to reopen? i verified the fee it is $675… Not sure why i need to spend unnecessary fee for the mistake of USCIS. Can you please let me know if there is any other option?


Yes, motion to reopen as the denial is on wrong basis. You should be able to get approval if you provide enough proofs to prove your case.

Thanks Anil… But my question is applying for EAD Renewal is $410 but applying for Motion is $675.

Why i need to spend $675 instead of $410… even reapplying EAD Renewal is going to cost me $410 and i would like to wait for H4 Extn approval dont want to take chance again to denial my case. Can you please tell me if there is any other way to get it done other than applying for Motion as it is too much of money…

I cannot comment on the why the fee has been set by USCIS in such a way.

You can file a new H4 EAD application with proof of legal status. As far as I know, there is no other way.

You can consult an attorney for a second opinion.