My H1 visa is approved but H4 and H4 EAD is pending


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We have applied H1, H4 and H4 EAD at the same time on May 10th 2016 under Premium Processing. My H1B got approved on May 21st 2016 and my wife's H4 and H4 EAD is still showing as 'Case was received'.

 

Earlier 2 times we applied similarly under PP and H1 and H4 got approved sametime and don't know why it's taking time this time for H4 and because of it H4 EAD is also pending.

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That is simply not true. H4 extension applied with a H1 extension filing under PP are supposed to be dealt with at the same time. The Lawyer involved should be able to help.

PP is only available for I129 and I140. Sometime Service center process H4 filed with H1b PP at same time but not always and you can't question them.  

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  • 4 weeks later...

Same case here. H1 and H-4 extensions were applied around Septermber 2015  in REGULAR and got the approval for H1b after 10 months i.e. in June 2016.

 

H-4 case is still pending ? Any idea what to do now? Unable to track H-4 case progress online which says the receipt number is invalid. 

 

Any help is appreciated!

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  • 3 weeks later...

We have applied H1, H4 and H4 EAD at the same time on May 10th 2016 under Premium Processing. My H1B got approved on May 21st 2016 and my wife's H4 and H4 EAD is still showing as 'Case was received'.

 

Earlier 2 times we applied similarly under PP and H1 and H4 got approved sametime and don't know why it's taking time this time for H4 and because of it H4 EAD is also pending.

Hello Sravanproddaturi,

Can you please provide an update on your case? Is it approved now?

In my case H1 to H4 COS (spouse) and H4 EAD are approved within 13 calendar days but H1B is still pending after 15 calendar days.

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H4 filings with a H1 filing in PP go to the SAME OFFICER  and are supposed by USCIS protocol to be decided together. There is no question that this is a fact. The lawyer can directly talk to the Officer concerned and enquire. The OP should have talked to his lawyer in the first instance.

 

The key phrase is "are supposed to".

This is general USCIS policy, but there is no guarantee.

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Hello Joef,

 

Not sure why my H1B Extn is still pending. Below are my case details:

 

I have filed H1B Extension + COS H1b to H4 (Spouse) + H4 EAD at VSC in Premium processing. 

Primary Applicant:
My current H1B expires on 12/31/2016.

Dependent Applicant:
Currently on H1B and expires on 09/19/2016.

Premium Processing at VSC
H1B Extension Received Date: 07/27 
Spouse COS H1B to H4 Received date: 07/26 
Spouse H4 EAD Received Date: 07/26. 

Spouse COS H1B to H4 & H4 EAD Approval Date: 08/09. (Aug 9th) 
H1B Extension Still Pending

1) Its strange that H1B Extn is till pending while dependent applications have been approved. 
2) Received approval notice for Spouse H4EAD & H4 EAD card but the start date is NOT the approval date instead its from 01/01/2017 (future date as per Primary applicant). Now, Dependent applicant cannot work until 01/01/2017.Can you please advise? If Attorney requests USCIS to provide an interim H4EAD card until 12/31/2016, will that work?

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