H4 EAD

[pramitsengupta]

Hello,

My company is filling my H1 extension and H4 extension (I-539) for my spouse. My I-140 recently got approved and based on that my spouse become eligible for H4 EAD.

I have come to know that all the 3 applications (My H1 extension + Spouse’s H4 extension and +H4 EAD) can be filled concurrently. But my company is not willing to file and pay for spouse’s H4 EAD; hence I have to file the H4 EAD (I-765) on my own. I am fine with that, but I have following questions –

1.       Since this is a H4-EAD application, I need to enter (C) (26) in Question#20 in the form I-765. My question is what should I answer for Q#22 “Please provide the receipt number of your H-1B principal spouse’s most recent Form I-797”.

2.       Should I enter my current I-797 Receipt Number, which is going to expire soon? Or should I wait until my company applies for my H1 extension and H4 extension and get the I-797 receipt number?

3.       I have been told that H1 extension + H4 extension and H4 EAD all can be filled concurrently. In that case what would someone enter in Q#22, if they have not received the receipt notice for H1 extension? They have to use the old I-797 Receipt Notice.

Any clarification that will resolve my dilemma will be highly appreciated.

Thanks

[NotAnAttorney]

If you are not filing them together, I suggest to file it after the extension approval.

If you file it separately now, the expiry date on EAD would be the same as your current H1B expiry date.

[ambition876]

HI pramitsengupta    0

Did u got answer to ur question? I am also having same question. What I can enter in receipt number. since I don't have receipt number.