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yashuk6

RFE for H-4 EAD extension

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Hello,

X has H-1 till April 2021, and Y(dependent of X) has H-4 till March 2020.

Y has applied for H-4 EAD extension before applying for H-4 renewal(assuming H-1 is until April 2021). Now Y received RFE requesting more evidence. I assume H-4 needs to be renewed before we apply for H-4 EAD extension (or) can both H-4 and H-4 EAD be applied at same time. Please confirm.

RFE is shown in attached image. Please advise.

 

Thanks in advance!

RFE_H4.png

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FYI, X & Y may work pretty well in maths , however, on forums they simply confuse people.

Now getting back to your question, if the dependant is in H4 status with a valid i94 till April 2021, then they should send back the i94 to uscis. Assuming the i94 or H4 status is only valid till March 2020, they would have to get H4 extended to april 2021 first(form i539), before asking uscis to extend ead.

In other words, H4 ead will only be extended until current valid F4 status which is governed by i94 and not H1b petition expiry. 

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On 12/19/2019 at 1:40 PM, yashuk6 said:

Hello,

X has H-1 till April 2021, and Y(dependent of X) has H-4 till March 2020.

Y has applied for H-4 EAD extension before applying for H-4 renewal(assuming H-1 is until April 2021). Now Y received RFE requesting more evidence. I assume H-4 needs to be renewed before we apply for H-4 EAD extension (or) can both H-4 and H-4 EAD be applied at same time. Please confirm.

 RFE is shown in attached image. Please advise.

 

Thanks in advance!

RFE_H4.png

Best thing would be to go out of country, get H-4 stamped till April 2021 based on H-1 petition and then come back and respond to RFE (if there is enough time to respond). If you just respond to the RFE your spouse will get H-4 EAD only till March 2020.

Getting H-4 stamped will save you a lot of time because EAD extension wait times are more than 4 months currently.

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