Is H4 Extension required if H4 I-94 is valid ?


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Hello,

 

Im a H1b Visa holder. Recently my spouse on H4 returned to US having het visa stamping expiring in Aug 2021. When she entered she got I-94 valid till May 2024 as per my ( H1B ) I797 receipt at her port of entry.

Q1 - Do we still need to apply for H4 extension ( I539 ) for her and get her I-797 ?

Q2 - Can she apply for H4 EAD renewal with online I-94 which is expiring in 2024 ?

Q3 - Does the state provide driving license with valid online I-94 record ?

 

-Rohit

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Q1 - Do we still need to apply for H4 extension ( I539 ) for her and get her I-797 ? - No need

Q2 - Can she apply for H4 EAD renewal with online I-94 which is expiring in 2024 ? - Yes

Q3 - Does the state provide driving license with valid online I-94 record ? - Yes

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1) No filing extension is needed..... she entered US in H4 status and she will be in status till May 2024 unless something else changes.

2) Yes, she is in valid status so she can apply for EAD if you have approved I140

3) Most states provide driver's license based on valid I-94..................but state regulations vary so you will need check with your state DMV

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On 5/11/2021 at 4:39 PM, rkaradka said:

Hello,

 

Im a H1b Visa holder. Recently my spouse on H4 returned to US having het visa stamping expiring in Aug 2021. When she entered she got I-94 valid till May 2024 as per my ( H1B ) I797 receipt at her port of entry.

Q1 - Do we still need to apply for H4 extension ( I539 ) for her and get her I-797 ?

Q2 - Can she apply for H4 EAD renewal with online I-94 which is expiring in 2024 ?

Q3 - Does the state provide driving license with valid online I-94 record ?

 

-Rohit

 

Thank you for confirmation. Appreciated !!!

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15 hours ago, rksingh said:

1) No filing extension is needed..... she entered US in H4 status and she will be in status till May 2024 unless something else changes.

2) Yes, she is in valid status so she can apply for EAD if you have approved I140

3) Most states provide driver's license based on valid I-94..................but state regulations vary so you will need check with your state DMV

Thank you, Appreciated !!

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On 5/12/2021 at 3:38 AM, adshah84 said:

Q1 - Do we still need to apply for H4 extension ( I539 ) for her and get her I-797 ? - No need

Q2 - Can she apply for H4 EAD renewal with online I-94 which is expiring in 2024 ? - Yes

Q3 - Does the state provide driving license with valid online I-94 record ? - Yes

Thank you, Appreciated !!

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