H4 extension pending close to 1 year. Options to reach out to USCIS

[LiveAndLetLive (Anonymous)]

Hi ,

My H4 extension was filed with my husband’s H1B when he changed his employer in Feb 2022. H1B is approved and H4 got RFIE (request for initial evidence) on July 19th and the status changed to the response received on August 4.No change in status after that. I have raised a service request and got a standard reply(cannot give an estimate). A few of our acquaintances who filed after my RFIE date(In august) in the same service center got approval within 2 months. So I assume cases are fast-moving now.

Could you please answer the below questions?

1. Since it was RFIE and not RFE, will the timeline reset, and will calculate the whole timeline from August again? (even then it should have been approved by now)
2. What options do I have to reach USCIS and get my case into their notice other than service request, since I have tried it already?
3. My H4 EAD is expiring on July 2023 and we have a Visa dropbox appointment scheduled for June 2023. Worst case, if H4 is not approved by June, I can get stamping and if everything goes smoothly we will be back in July, just a week before EAD expiry. As soon as I94 is updated, I can apply for EAD renewal, and hopefully it will be received by USCIS just a day or 2 before the expiry date.

So will the auto-renewal of the EAD rule get applicable in this case? I mean, USCIS receives EAD renewal applications just a few days before expiry…?

4. Also is the i94 extension from the border based on the primary applicant’s I797 possible when the H4 extension is in progress…? If yes, can you please let me know in detail how to proceed with that option

I am exploring all options so that I can apply for EAD renewal on time and not lose my job.

Thank you for your time and understanding.

[Kalpesh_Dalwadi]

@LiveAndLetLive

Since it was RFIE and not RFE, will the timeline reset, and will calculate the whole timeline from August again? (even then it should have been approved by now)

Unless your application is complete with supporting documents USCIS wont start processing so in your case you can count the processing time starting when they receive initial evidence.

@LiveAndLetLive

What options do I have to reach USCIS and get my case into their notice other than service request, since I have tried it already?

If you have a local field office, you can get an appointment and talk to USCIS officer in person.

@LiveAndLetLive

My H4 EAD is expiring on July 2023 and we have a Visa dropbox appointment scheduled for June 2023. Worst case, if H4 is not approved by June, I can get stamping and if everything goes smoothly we will be back in July, just a week before EAD expiry. As soon as I94 is updated, I can apply for EAD renewal, and hopefully it will be received by USCIS just a day or 2 before the expiry date.

As far as it is received before the expiry, you can get automatic extension for EAD for 540 days or till your I-94 is valid whichever is less.

@LiveAndLetLive

So will the auto-renewal of the EAD rule get applicable in this case? I mean, USCIS receives EAD renewal applications just a few days before expiry…?

Yes.

@LiveAndLetLive

Also is the i94 extension from the border based on the primary applicant’s I797 possible when the H4 extension is in progress…? If yes, can you please let me know in detail how to proceed with that option

Only if your current I-94 is still valid. CBP wont extend if itvis expired already.

Automatic H4 EAD 540 Day Extension - USCIS Temporary Rule - AM22Tech

i94 Extension Laredo TX US Mexico Border (Bridge 1 Experience) - USA

[LiveAndLetLive (Anonymous)]

Thank you for your reply