Relationship between H4 EAD, I-94 and I-539


agada

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My wife has a H4 EAD with an expiation date in April, 2018 and a I-539 valid till October, 2018. I hold an approved I-140. Since its less than 120 days prior to the expiration of EAD, she would like to file for a H4 EAD renewal using I-765 under category C26. The Admit Until date on her I-94 is in April, 2018

I see the following lines on the USCIS website under the section Validity of Employment Authorization

Quote

Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status.

Does that mean her H4 EAD might not be approved for renewal since her I-94 is valid till April, 2018? Or will USCIS consider her approved I-539 expiration date?

If it is the I-94 date that USCIS will consider, can you please suggest a way to change the date on I-94 (if that is mutable) without leaving the country?

Thank you!

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