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

USA H4EAD
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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

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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.

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

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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

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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. !!!

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

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Yes Anil. Thanks. Agreed. Valid i94 ia required.

But what I wanted to check is-- if I apply for i765 H4 EAD renewal with old i94 ( before h4 EAD
and I94 expires in before Dec 2021 ) and then go out of country in Jan 2022 and get stamped visa and valid i94 with expiry date in 2024 AT Port of entry.

Then is the 180 auto days extension applicable ?

Or should I be applying for h4 ead again with the new valid i94 . ??

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You should be eligible for auto EAD extension with the new H4 i94 irrespective of the way you got it.
USCIS has not explicitly asked you to re-apply EAD.

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Hi @anil_am22 @Kalpesh_Dalwadi - Thanks a lot for all your response on he above topic.
Here are the new updates from the last time., we have talked about the situation.

H1 is approved. the I94 is extended till 2024.
H4 I94 is still in Pending status.

With the New Approved H1, I have applied for the Renewal of H4 EAD and got the I-765 Receipt Notice with Received date as 4th Jan 2022.

Couple of Questions

  1. Do we need to wait for H4 I94 extn , before requesting Expedited processing for H4 EAD (i-765) or Since H1 is approved – can i go ahead and trying to do expedite I-765 even though H4 is pending?
  2. The H4 i-94 extension was filed along with the H1 Extension (Received date July 30, 2021) . The H1 got approved through normal processing on Dec 15th 2021. This was filed in Vermont Service Center.
    What’s the Tentative timeline that we can expect H4 I94 Extension approval ?
  3. Last time when i applied for I-765 (that was the first time) .,-- i applied Expedite process with the medical condition of spouse and also she was a healthcare professional in India. Provided that document as well. So looks like that helped and it got approved (Even though validity was only 1.5 month ) – Can i use that Expedite request reference again ?

Regards
Vasu

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Hi @anil_am22 / @Kalpesh_Dalwadi - Hope you are doing good …I know you are busy with other activities., Request you to please have a look at the above and respond accordingly.

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I dont think expedite request will work with recently applied H4/EAD.

You will need to check processing time.

If it worked in past you may try but the H4 will need to be approved first.

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Thanks @anil_am22 @Kalpesh_Dalwadi .
One last question… since my spouse was working In Healthcare till Dec 31st and now I have applied for h4 ead renewal … and it’s pending . Can I use the attached and try for expedite . Even before h4 i94 approval ? ( H1 i94 extension is approved ).
Since my spouse also is from health care industry.

FB_IMG_1642250799013
FB_IMG_1642250799013922×2048 126 KB

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Expedites for people working in healthcare field has worked so you can try.

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Thanks a lot Kalpesh… much appreciate it. !!!
Let me try that option and give the update so it may help other folks on this forum…

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Hi @Kalpesh_Dalwadi @anil_am22 — Firstly, Thanks a lot for supporting and huge kudos to you all admins on the am22tech. Just wanted to provide an update on my spouse case ( H4-EAD).

This was I-765 (EAD) renewal . The earlier I-765 EAD was approved only for 2 months ( Nov 2021 and Dec 2021 ) based on my earlier H1 and I waited for H1-I94 approval and luckily it got approved just the last week when my spouse EAD was expiring. So as soon as I got the H1 Approval copy, I immediately applied for H4 EAD renewal. Please Note that H4 I94 is still not approved.
So once I received the receipt notice (I-765) for the H4 EAD, we did try the Expedite option on Jan 19th. We raised the expedite with 2 reasons - Medical Issues mentioned similar to earlier expedite request EAD and Health care worker because spouse had Bachelor degree in Physician assistant from India.

I was expecting that they will request for additional documents regarding the situation ( similar to my earlier expedite request )… But on 21st , Directly I got an message like – EAD Card is Ordered.
As part or Renewal of I-765 , I did mention in last sheet stating all the above situation. May be that helped not requesting the docs…

Today (28th 2022 ) ,-- Received the EAD with the expiry date of latest H1-I94.
Thanks to you guys in supporting and sharing your experience which helps countless other people in their case and they can take right decision .

Here is my timeline that may help other folks in this forum.

January 28, 2022 Card Was Delivered To Me By The Post Office
January 26, 2022 The Post Office picked up mail containing your new card.
January 25, 2022 We mailed your new card your Form I-765, Application for Employment Authorization, directly to the address you gave us.
January 24, 2022 We approved your Form I-765, Application for Employment Authorization.
January 21, 2022 We ordered your new card.
January 4, 2022 We received your Form I-765, Application for Employment Authorization.

@anil_am22 @Kalpesh_Dalwadi – One question, If I transfer my H1 to a new employer, My spouse H4 and H4 EAD need not be transferred mandatorily right ? I am planning to apply all H1, H4 and H4 EAD at once again with the H1 Transfer with the new Employer – So that All will have same Expiry date. Rather than different ones. Let me know if this is even possible ? Or am I even eligible – That extension before 6 months expiry is not applicable rt ?

Let me know if I can be of any help to other folks who are in similar situation…, Thanks. !!

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So USCIS approved the H4 EAD even before the H4 was approved? Is H4 still pending?

Btw, congrats and thanks for sharing your experience! :slight_smile:

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There is no ’ transfer’ concept for H4/EAD as it is not an employer sponsored petition. If you already have H4/EAD with a long validity you may not again apply for the extension if it is only going to extend the validity for few months from the expiry on the recently approved EOS. Of course as you mentioned you will have to track the expiry of H4 separately from your H1B amd make sure the EOS application is done before the I94 expires.

However its totally up to you if you want to reapply for H4/EAD along with the H1B transfer. Make sure all applications are send to USCIS in the same packet.

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