Renewal of H4EAD with Pending H1 Petition(I-129)

Hi @anil_am22 @Kalpesh_Dalwadi : Hope you guys are doing good. Firstly HUGE KUDOS to you and your team in answering and guiding all the folks whoever is posting their situation/question.

Here is my recent situation. Early this year March 2021., I applied for H4EAD using my approved H1 Petition (Expiry date Dec 2021 )… After expediting we got the H4EAD approved on 22nd Oct 2021. Since the expiry date for EAD is also now Dec 2021., I would need to renew again.

Issue here is - My organization applied for H1 in end of July 2021, (VSC) and is still not approved.

Now my questions are as follows.

  1. Can i apply for renewal in the C(26) category using the pending H1(I-129) petition ? or shoud I wait for the H1(i-129) approval and then apply for H4-EAD renewal.
    I am not sure when this H1(i-129) might get approved. Also, my organization does not convert to premium until close to the 240th day.

2 In the packet that i received from USCIS with the EAD card., There are 2 sentences…
. Important Information - SAVE THIS NOTICE
**.**Use this Tear off portion to speed your application for an extension or replacement card.

My question is, Should we send that piece of paper that contains (Receipt#, Card# and A-# )
along with the renewal ? Or should we not send since they asked us to keep / Save that notice.

Also, Whenever we need to write the EAD card # . which number should we write ?
In the Card,. Its the EAC - Petition # thats mentioned as Card #… where as in the Cover letter its start with – Card # 1A022 something like this.

  1. While applying for the renewal., I need not mention that i need SSN right ? I am thinking of waiting at least till i get SSN, so that i can update the SSN number in the I-765 application form.

  2. As part of the application package that i send for renewal, Can i give the letter that gave for expedite ., would that help to get the renewal sooner ?

  3. Once i apply this renewal of H4-EAD , When can i again raise an expedite request… ?

Based on your responses., I will see what best i can do on my case.

Thanks a lot in advance and Much appreciate your work in taking your time to answer our queries and in much quick time.

Regards
Vasudevan

You can use H1B receipt number to apply EAD but it might create some complications during the processing. EAD will not be approved till H1B and H4 extension of status is approved. If USCIS adjudicate EAD before H1B and H4 approval, they may send RFE to submit proof of valid status ( approval notice for H1B and H4) and if both EOS applications are not approved before the RFE deadline, your EAD application will get denied.
Does your employer allow you to pay for PP? If yes you should do it.

You can use it to speed up the extension however it wont be of any use if your H1B and H4 are still pending and not approved.

That sounds right. You might have already applied for SSN based on the EAD card.

See above.

Provided H1B and H4 is approved you can raise expedite any time after submitting the application and getting tu he receipt.

Thanks a lot for the response. If asked for EAD card #… which number should we write ?

Hi Kalpesh, based on the recent court approval, is waiting for h1 approval and then go out of USA and then come again (Assumjng new I94 till end of H1B expiry date) and apply for the H4 EAD approach Alone. Would this be the fastest way to again start working for my spouse who is on H4 EAD ??

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Definitely helps kalpesh. Thanks a lot.
One small clarification needed.

As I explained earlier, now that I have EAD card and it expires by Dec 31 … I am not planning to apply the i765 renewal since I don’t have my approval for both H1 (i94 extn) and H4 (i94 extn)

Rather I am planning to go outside country and get the stamping on H1 passport and H4 passport ( Assuming still the h4 i94 extn is pending).

Can I apply extension of i765 at that time- after coming back with a valid h1 and h4 stamping on passport ( After H4 EAD has expired ) .

In this situation can we consider the automatic 180 days extension is valid ? Or this scenario is not valid for automatic extension of 180 days
.

Just in case – If it’s valid, does the 180 days extension is from expiry date of EAD or from the Filing date of the renewal ( i765 renewal accepted or receipt date )

Please help me in these scenarios, so I can take appropriate decision. Thanks.

Regards
Vasu

You have to apply EAD renewal before current EAD expires to be eligible for auto extension.

There is no auto extension if you file EAD renewal/extension after current EAD expiry date.

The auto extension starts from the day of current EAD expiry.

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Perfect @anil_am22 … Definitely appreciate it.

One last thing, if that’s the case-
Can I just wait for H1 I94 extn…( which I am positive about that I may get in next one month ). And then apply for my spouse h4 ead renewal ( I am aware that h4 i94 is still pending adjudication) before current EAD expires and then Hoping to get h4 ead receipt in 2 or 3 weeks from the time it’s received .

During this situation, if we go out of US , come back with new I94… or valid stamping … . (valid for 3 yrs). Will the 180 automatic extension apply ??
Or since i94 is different , will it not apply ?? .

Please help clarify this query. Thanks a ton in advance. !!!

Valid H4 i94 is required irrespective of whether its a new i94 or a different i94 for auto EAD extension time period.