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H1B extension --> H4 renewal / H4 EAD application

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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.

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



"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."

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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

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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. 

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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.


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