H4 EAD and I-539


ABHAY21

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Hi I wanted to inquire about the H4 extension and EAD.  My wife is currently on H4 status with an EAD valid till May 14, 2017. My employer has filed for my H1B extension.  

In order for my wife to get a new EAD we will be filing the I-765. My question is if she can travel with me to a US Consulate in Mexico in March or April and get a new H4 visa stamp based on my approved I-129 without filing the I-539 from again and paying the $380 application fee again? 

Can we then use her new H4 Visa stamp after the consulate to prove H4 Status and thereby apply for a new EAD (I-765).  

Thank you so much

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Yes, your wife can use your approved I-129 and go for stamping. She can come back and apply for EAD after that. Did you apply your H-1 in premium. If not better do it because your wife stamping and EAD depend on that. Better go for stamping in March only. EAD extension can take up to 2 months sometimes and your wife will need the physical card to continue her work.

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