Should spouse quite work on H4 EAD while H1B extension is pending?

USA H4EAD
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1

Hi Anil,

I have applied for H1B Extension which is still in process for more than 3 months (regular processing). The current visa expires in Dec 2024. My spouse is working on her H4 EAD.

Checking the USCIS website shows that she is eligible for automatic extension of H4 EAD. However, the extension is only as long as the I94 expiration date which happens to Dec 2024.

So, in this situation, suppose my H1b extension does not get approved before the expiration date

  1. Does she need to resign from her job (given that H4 EAD approval usually takes 2-4 weeks post H1B extension approval).
  2. Once H1B is approved with a new I94 date, the automatic extension of the H4 EAD should kick in and thus extend her H4 EAD by 540 days. Is this correct?
  3. Do you think going for premium processing might help my situation?

Thanks for your inputs as always.

2

The H4 EAD auto extension kicks in only if H4 i94 has a longer validity.

So, in your case, if both H1B and H4 extensions are pending, then both need to be approved with a new extended i94 to get an H4 EAD auto extension beyond Dec 2024.

If you filed all three applications i.e. H1B, H4, and EAD in the same package and they all are at the same service center (as of today), then upgrading to premium may help. The chances are high that all 3 will be approved together if you upgrade to premium.

1 Like
3

Thank you for quick response. Appreciate it!

4

Hi Anil,

There has been some developments over the course of few hours. Due to a family emergency, spouse needs to travel immediately to India. Tickets have been booked and she will be leaving tomorrow morning. While I was researching, i found that it is not advisable to leave US while H4 and H4 EAD extension is in pending. Is it really the case? in my sitution since the travel is unavoidable, what are my options?

Say, I apply for Premium processing next week itself, does that help my case in anyway?

5

Travel While H4 EAD is Pending is allowed. Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94.

6

Thank you again. She plans to come back to US before the expiry of current visa in Dec. So upon returning (assuming my H1B extension is approved by then through premium processing), how can she get her I94 updated to get automatic extension of H4 EAD? I read your article about travel to Canada/Mexico. But will the CBP officials always extend the H4 I94 based on H1B approval notice upon reentry into US or it is on a case to case basis ?

7

If your H1B is approved before her entry to the US, she can show your extended H1B i797 at the port of entry (airport) and get longer H4 i94.