Do we need to apply H4 Visa Extention (I-539) even if we have extended the I-94 at the port of entry for a H4 Visa holder?

[Bhaskar Y]

Hi All,

My wife is on H4 visa and she has H4-EAD and she is working now. Her H4-Visa and EAD will expire in May 2023.

And I have a new I-797 with my employer and it will expire in March 2025. Recently me and my wife has traveled to India and came back to US, and at the port of entry the officer has extended both of our I-94 till March 2025 based on my new I-797 approval copy.

Now I need to apply for H4-Visa extension + H4-EAD extension for my wife.

My question is can I apply only for H4-EAD extension since her i-94 already extended at the port of entry? Or is it mandatory to apply both H4-Visa extension (I-539) along with the H4-EAD extension(I-765) ?

Could anyone pls suggest on this?

Thank you.

 

[Attorney_10]

Form I-539 is filed when an H4 dependent is seeking to extend status. Form I-765 is filed when an H4 dependent is seeking to obtain initial work authorization or renew an EAD. An H4 dependent can only obtain an EAD so long as the individual is maintaining valid status (and so long as the primary H1B visa holder is maintaining valid status). Therefore, if an H4 dependent’s status is due for extension when the individual is seeking to renew an EAD, then the individual would file both Form I-539 and I-765. However, if the individual is in valid status and is only seeking to renew an EAD, then only Form I-765 is needed.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/