Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
shraddhakamat

H1B extension --> H4 renewal / H4 EAD application

Recommended Posts

Hello,

 
Here is my situation. I am currently on H4 visa which expires on 11/19/2015, as my husbands H1 (I140 approved) expires on 11/19/2015. His company is going to file for H1 extension soon (no premium processing). Should I file for my H4 extension and H4 EAD along with his application (after 5/26/2015) OR should I wait for his H1 extension to be approved before filing for my application.
 
Please advice. Thanks.

Share this post


Link to post

I think you can apply together based on what they mentioned in this link.

http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

 

"For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the H-1B principal nonimmigrant’s Form I-129, Petition for a Nonimmigrant Worker. However, USCIS will not process your Form I-765 (except filing fees) until after USCIS has adjudicated your Form I-539.

The 90-day period for adjudicating Form I-765 filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both."

Share this post


Link to post

You can file all the forms together. However, a decision on EAD will only happen once H1B, H4 are adjudicated. 

Refer to the latest FAQ published on USCIS website, this query is clarified

Share this post


Link to post

Hi, 

I have a question on filing H4 EAD renewal along with H1 renewal. While filling the form, there is a question (number 18) where we have to enter the primary H1 holder I797 EAC#. Do we have to provide the current EAC# ? Current one expires on October 2016 so just checking if we have to enter existing EAC# or leave it blank 

 

Thanks in advance. 

Share this post


Link to post

Hi @v.dave05@gyahoo.in , @srsathi

I'm having the same doubt regarding the H-1B extension I-797 petition number to be put on I-765 EAD form.

Will it be current approved petition number or would it be blank (as the new one would not be known at the time of filing) ?

Please let me know.

Thanks!

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×