USCIS rejected H4 , H4 EAD with reason: Correct edition date of form is required

USA H4EAD
1

Hi Anil -
Thanks for being patient and answering all the queries. I submitted H4 and H4 EAD with H1B in Premium processing. USCIS Reject and send the H4 and H4 EAD forms back with a letter that says “Correct edition date of form is required” I submitted the following forms:

I 539 OMB No 1615-0003 Expires 04/30/2018 ( at bottom of form it says Form I-539 04/06/2015 N)
I 765 OMB No. 1614-0040 Expires 05/31/2020 (at bottom it says Form I 765 05/31/2018)
I am not sure why did they reject it and what I need to do next. If I need to resubmit it the form does it have to be today to not go for biometric ?

thanks

2

You would need to file on or before Mar 21, 2019 to avoid the Biometric requirement.

My suggestion is to file with biometric now as you do not have enough time left.
Use the new H4 form available on USCIS website here.

Your H4 EAD form looks correct to me.

3

hi Anil…looks like the member submitted the old form before 21st March (as the date of posting is 20th March).

But it got rejected even then? I am asking because, I mailed my application to USCIS on 19th March via. Fedex and it reached USCIS lockbox on 21st March.

I included the G-1145 form but I did not receive any update about acceptance of my case yet. Do you think it will be rejected based on the above member’s experience?

4

Hi @sameera
I have not heard of any other case where USCIS rejected the application if they received on Mar 21, 2019.

You should be able to get receipt number soon.

5

Thank you for your quick response, @Anil.Gupta
When can I expect the USCIS email notification, as it has been almost 2 weeks now.

6

It can upto 7-21 days.

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Hi @Anil.Gupta.

I applied for H4 visa extension and H4 EAD renewal concurrently. I received the notification from USCIS today. But, the check was cashed only for $410 (EAD fees) and when I entered the receipt number on USCIS website, it says

“On March 21, 2019, we received your Form I-765, Application for Employment Authorization, Receipt Number XXXXXXXXXX, and sent you the receipt notice that describes how we will process your case…”

Looks like they are processing my application for i765 but not i539. My current EAD expires on July 21st 2019 and my current H4 visa expires on September 21st 2019. So, will I get my EAD only till September 21st, 2019?

Can I re-submit with new i-539 form for H4 extension while H4 EAD renewal is in progress? Please help!

8

You will receive a separate receipt number for i539 (H4 extension) as well.

9

Hi Anil

USCIS sent the application back to me for H4 extension and asked me to re-submit with the new version of the form. I will send it today but, my concern is regarding my i-765 application. Since it is already in processing with USCIS, will they renew my EAD to the end date of my current H4 visa which is Sept 21st 2019? Or will it be renewed to the end date of my husband’s H1 visa which is May 24th 2021.

How can I make sure they are NOT processing the i765 for old H4 date?

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USCIS will look at H1B approval for giving the H4 EAD end dates.

11

Thanks for the confirmation, Anil. Really appreciate all your help. While re-submitting my application, should I include the I-797C Rejection Notice as well as it now has the case number on it? Also, can i use the same check that has the USCIS stamp on it?

12

Use a new check and fill the form as you would have filled the new application form.

I do not think there is any need to include the rejection notice.

1 Like
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A post was split to a new topic: Apply H4 EAD while H1B extension is pending

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Hi Anil,

I am in same boat. Received h4ead rejection notice when filed together with h1b,h4,h4ead under premium processing
If I resubmit h4ead application in response to rejection notice,would USCIS consider my application under premium processing ?

Thanks

15

Most probably not. Since the application will be considered a new filing.