Previous year my spouse’s company has filed for H1B transfer but we didn’t think it necessary to file H4 because my H4 was valid for a year and half more at that time. Now, my H4 and EAD are valid for about 8 months more from now.
I am looking for the best option to file for extension and EAD to avoid any delay in H4 and therefore EAD processing before my current EAD expires.
As far as I know, I’d have two option to get extension for my H4.
Apply for H4 extension and H4 EAD by filling forms I-539 and I-767.
Go to home country for stamping. I’m not sure how long will it take to get the appointment. Also, not sure if the extension will be done based on my I-94 or my Spouse H1b validity will be applied on my H4 visa.
Here are the dates on validity:
New H1B : Valid until Oct 10th, 2023
H4 I-94: Valid until Oct 05th, 2022
H4 EAD: Valid until Sep 25th, 2022
You can fly to Mexico, say cancun or any other place over a weekend and come back. Using primary H1B I-797, CBP will issue H4 I-94 to match with H1B expiry. Then using the H4 I-94 apply for H4 EAD and you will automatically get 180 days of EAD extension. Note that if your H4 and H1B visas have expired, you will need tourist card for Mexico which is very easy to apply for.
Another option is to apply for H4 & EAD renewal, from within 180 days of expiry and upgrade to premium processing once it is available in near future.
I really appreciate your response.
I gathered some more information after looking at your response that arose a couple of more follow-up questions.
Is there any reason for preferring Mexico over Canada?
Our H1B and H4 visa stamp are expired but I-797 is valid with two different dates for H1 and H4 (H4-earlier validity)
a) Any risk involved in AVL if returning from Mexico or Canada ?
b) Will the I-94 for H4 always override I-797 for H4 and be based on I-797 for H1B?
c) Any idea about visitor visa for Canada or Mexico timeline? On Canada Immigration website, I could see processing time alone takes around 85 days.
My spouse has a valid Canadian visitor visa stamp that he used to travel for a conference back in 2014. Does he need any other documentation if the purpose of visit is just some sightseeing?
Assuming both of us have Canadian visitor visa stamp, can we enter Mexico without a Mexican visa or visitor card?
H1B will need: a) Most recent valid I-797/I-94, b) Employment verification letter, c) last 3 pay stubs, d) valid passport with expired H1B visa stamp (also carry any old passport with past H1B visa stamp if current passport do not have the visa stamp) valid 6 months beyond the duration of stay (otherwise I-94 can be issued with validity till passport expiry)
H4 will need a) Valid passport with expired H1B visa stamp (also carry any old passport with past H1B visa stamp if current passport do not have the visa stamp) valid 6 months beyond the duration of stay (otherwise I-94 can be issued with validity till passport expiry) , b) marriage registration c) marriage photo album d) most recent valid I-797/I-94.