H4-EAD Extension after 30 months of expiry

[SRan]

Hi, I have an I140 approved with Employer A. Based on the Employer A's 140, I applied a H4-EAD for my spouse back in 2016. After 2.5 years, we moved out of USA to India. The H4-EAD eventually expired on Sept-2019. But now, We have come back to US (July 2022). I am with a new Employer B now (I140 process yet to be complete).

1. Should I apply for an Extension (I-539) of EAD for my spouse (using my Employer A's 140)? Can I apply for EAD extension after 30 months of expiration?

(OR)

2. Should I apply for a new EAD (I-765 using my Employer A's 140)?

Please suggest.

Edited July 14, 2022 by SRan

[Zodiac System]

On 7/13/2022 at 10:41 PM, SRan said:

Hi, I have an I140 approved with Employer A. Based on the Employer A's 140, I applied a H4-EAD for my spouse back in 2016. After 2.5 years, we moved out of USA to India. The H4-EAD eventually expired on Sept-2019. But now, We have come back to US (July 2022). I am with a new Employer B now (I140 process yet to be complete).

1. Should I apply for an Extension (I-539) of EAD for my spouse (using my Employer A's 140)? Can I apply for EAD extension after 30 months of expiration?

(OR)

2. Should I apply for a new EAD (I-765 using my Employer A's 140)?

Please suggest.

You and your spouse are back in July 2022.  Your spouse is having a H4 stamp on her passport.  

You can apply for a new EAD (I-765), using her H4 stamp, your current H1b Approval and spouse's previous EAD card copy.  Good Luck.

Edited July 27, 2022 by Zodiac System