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sannisha

H4 EAD while H1 B extension is pending

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Hi ,

I have my H1 B approval till October 2019 with I-140 approved, i recently got married and brought my wife on H4 VISA , I want to apply for H4 EAD for her . once her H4 EAD is approved i believe she can work at-least until October 2019 until the validity of my H1b(october 2019). My question is will she be able to continue to work on H4 EAD while my H1 Extension is pending approval ? Do i need to request for H4 EAD renewal before my extension is filed ?

Another question i have is ,, if she is not allowed to work on H4 EAD while my H1 b extension is pending , do i have to request for H4 EAD renewal again or will it be automatically extended?

Thanks.

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@sannisha: You can apply H4 EAD for your spouse now and will take atleast 6 months for approval and inturn will get approved till your H1B validity. While you apply for H1B extension, you can apply for H4 and H4-EAD extensions at the same time. H1B (primary applicant) can work while H1B extension is in pending (after I-94 expired) but H4-EAD cannot work on pending petition. H4 person have to stop working on last day of existing I-94 which will be the same validity for existing EAD too and have to resume work only after H4/H4-EAD Extension was approved. Good Luck!!

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On 8/27/2018 at 4:29 PM, luck2u said:

@sannisha: You can apply H4 EAD for your spouse now and will take atleast 6 months for approval and inturn will get approved till your H1B validity. While you apply for H1B extension, you can apply for H4 and H4-EAD extensions at the same time. H1B (primary applicant) can work while H1B extension is in pending (after I-94 expired) but H4-EAD cannot work on pending petition. H4 person have to stop working on last day of existing I-94 which will be the same validity for existing EAD too and have to resume work only after H4/H4-EAD Extension was approved. Good Luck!!

Thanks a lot , thats really helpful

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