I-94 expiring in Aug2015, can we file for EAD in May and stay in US if EAD is not approved until Aug2015?

[abhicool20]

Hello,

I am on H-1B with approved I-140 and on 3 year extension (expiring Feb 2016) after 6 years on H-1B.

My spouse on H4 has a visa/I797 till Feb 2016. However her passport is expiring in Aug 2015. Her I-94 is also valid till Aug 2015. We just renewed her passport. We are planning to apply for H4 based EAD on 26 May 2015. I have few questions:

 

1)  Will the expiring I94 in August 2015 cause any issues to EAD application or EAD duration?

2) Will renewing her I-94 before filing for EAD make any difference? Shall we use I-539 or travel overseas and come back? I've heard few folks got a new I-94 from Mexico border (Tijuana) near San Diego. It seems fast and cheap ($6 for I-94 at border vs $290 for I-539) but is that a safe option?

3) If we file for EAD on/after May 26, 2015, and the application is still in process when her I-94 expires in August,  can she stay on expired I-94 based on EAD application processing?

4) If we renew I-94, I am assuming new I-94 will be till Feb 2016 (I-797/H-4 expiration). I've heard that EAD is tied to I-94 and not visa or I797. Shall we renew our visas (expiring in Feb 2016) and get new I-94(longer I-94 duration) and then file for EAD?

5) Any other suggestions/recommendations? 

 

Thanks,

Abhishek

[jairichi]

1. She needs to apply for EOS along with EAD application. Otherwise she will get a validity till August 2015.

2. She can.

3. Yes.

4. Her I94 depends on your I94. And, you cannot file an EOS petition 6 months before your I797 or I94 expiry, whichever is earlier.