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.
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.
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