H4 EAD renewal when waiting for H4 Extension

I recently got H1B transfer approved. H4 extension was also applied along with H1B Transfer + Renewal. However H4EAD was not filed along.

Now I am awaiting for H4 extension decision. My Attorney is advising EAD extension can be applied seperately at this time. Is this valid or should I wait for H4 Extension decision. My concern is not to get a RFE, seeking proof of H4 Extension.

Please advice if H4 EAD renewal can be applied without H4 extension papers.

Apply H4 EAD based on pending H1B/H4 extension?

Yes, you can apply for H4-EAD based on pending H1B/H4 extension pending.

What Receipt number to write in Q29 on form I-765?

Write the latest (pending not approved yet) I797 receipt number in Q22 on form I-765 for H4-EAD.

What i94 number should be written on form I-765?

Leave the Q 21A BLANK since you do not have an updated I-94 number, due to your pending H4 extension.

Will H4 EAD be issued with H4 extension pending?

No, it won’t be issued.
Even if you apply for H4 EAD based on H1B pending receipt number, USCIS cannot really work on it until your primary H1B/H4 extensions are approved.

The H4-EAD application would be picked up and worked on, only after a decision on H1B/H4 extension has been taken.

Complete process to apply H4-EAD along with pre-filled I 765 form is available here:

Thanks Anil. Will it help I upgraded my h1b petition to premium and my wife travelled to India with an approved h1b petition to renew h4. Will that expedite the h4 ead renewal process. Is there a way for me to to fix my situation

Is filing a litigation an option in the future…my wife has a full time which she stands to lose if the ead doesn’t come before feb 17 ,2020

It is not going to help speed up your process even if you get H4 extension outside US.

It is your choice if you want to join H4 EAD litigation.


is your EAD approved?

Has anyone used the same photo in h4 ead renewal application as the one used in previous h4 ead and faced any issue by USCIS ?

Why do you want to risk an RFE just for a photo? They might send an RFE and you will face delays.

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