Spouse's current H1B expires while H4/EAD still pending

USA H4EAD
1

Hello everyone,

I submitted H4 and EAD application earlier this year based on my husband’s initial H1B, which would expire in September. One month later he renewed his H1B and get approval for the next three years. But on my H4/EAD application, the receipt number we put was based on his initial H1B, not the renewed one.

Since now the H4/EAD approval process takes forever, I’m afraid my case won’t be approved before September. Does anyone know what would happen when the USCIS officer finally review my case but the H1B has already expired (even though it has been successfully renewed)? Would I get an RFE or simply be denied? Thanks in advance!

2

They will send an RFE.

3

Hi Anil,

Thanks for your response. Just want to update that my EAD got approved last week. I found myself very lucky that the officer gave me three years on my EAD, I guess that’s because:

  1. my spouse’s H1B extension has already been approved, before the officer actually review my H4 EAD application.

  2. I also sent an letter to the service center that shows the detail of my husband’s newly approved H1B extension, and asking them to consider granting my EAD based on his renewed H1B.

I don’t know which strategy helps in my case, because I never see any update since I sent the letter. Just want to share my experience here,since I got lots of super useful information from this platform.

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4

Hi Sandra, Thanks for sharing your experience! I am in the same situation with you. I submitted H4 extension & EAD along with my husband’s H1B extension in June. My EAD expires in September. Then very soon my husband got his H1B approved in July. However, my status has no progress. Could you please share a little bit more about what documents you sent to the service center after got your husband’s approval?

5

And have you done with the finger print?

6

Hi Yes, I completed the fingerprint early this year after I submitted my H4/EAD application.

The documents I sent to the service center were:

  1. one cover letter briefly explain my situation,
  2. a copy of the approval notice of my spouse’s renewed H-1B.
7

Hi, Thanks for your response! When did you submit your application? I submitted in June and no appointment for the finger print at all! I thought all the appointment center was closed due to the covid19 situation.

8

Just to update, I called the USCIS last week. I filed H4&EAD renewal on 6/9 and no update at all, the page always shows " case was received". So I asked my case status on the phone, they gave positive response. She said the USCIS has been actively working on your case (there was active working record in August) and I must get response within the next 60 days. I asked about the finger print, she said they used the previous record on file, so no need for the appointment.

This is the second time I called the USCIS asking for case status. First time no information provided just said call back to check after 60 days.

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