H4-EAD filing while H4 extension application is pending

[Aarav27]

Hello,

My employer applied H1B + H4 visa extension in premium process. My H-1B visa got approved but my wife's H4 petition is still pending with USCIS.
I have below questions:
1) Can we file H4-EAD based on my H-1B approval?
2) When I looked into the USCIS website, it asks for evidence of current H4 status as below:

• A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or
• A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay.

 Since, our H4 extension petition is still pending, can we send the H4 receipt notice? We can't send the current H4 I-797 form which is going to expire on Dec 31, 2021. We are waiting for H4 extension approval beyond that date.

3) Can we just send most recent I-94 record copy as evidence of current H4 status? The I-94 record had expiry date is as same as current H4 visa which is Dec 31, 2021.

Lastly, I just want to know that is H-1B extension (I-797) is enough for getting H4-EAD approval as I have got it approved for next 3 years. However, H4 extension is still pending with USCIS. Current H4 is going to expire end of this year.

Thanks.

[LeaveMessageH1B]

You asked same question multiple times and you yourself answered the question.

Regardless of how eager you want to get H4 EAD, it will not move without H4/ H4 extension approval.

None of your i-797 or i-94 will be of help but H4 dependents.

23 hours ago, Aarav27 said:

Lastly, I just want to know that is H-1B extension (I-797) is enough for getting H4-EAD approval

No, H4 approval is pre-requisite for H4 EAD.

23 hours ago, Aarav27 said:

However, H4 extension is still pending with USCIS.

This