H4EAD with Pending H4 extension

[Visa9]

Hi Friends,

 

I had applied for H1B extension 1 year ago in normal processing (not premium) and it was approved for 3 years.Later i filed for my spouse and children's extensions.We all are in USA.My spouse and children's extensions have been pending since 8 months and it is going to take another 3 months.

 

1> So in this situation can i apply for H4 EAD?

2> Can i take my family for Stamping in India?

 

Your help in this regard is much appreciated..

 

Bye

 

 

[jairichi]

As far as I know one can stay at the maximum of 240 days before they need to exit US when a petition is pending with USCIS.

 

Have you ever contacted USCIS and raised a service request for the delay?

[Visa9]

I had called USCIS to inquire about the delay, they said they are processing SEP2014 applications and i have to wait till it moves to DEC2014. Its going to take another 2.5 months.

 

How to raise an SR? Does my earlier call to USCIS would create Service Request ? or Do i need to ask them to create /raise Service Request?  

 

Your response in this regard is much appreciated.

 

Thanks in Advance

[jairichi]

I had called USCIS to inquire about the delay, they said they are processing SEP2014 applications and i have to wait till it moves to DEC2014. Its going to take another 2.5 months.

 

How to raise an SR? Does my earlier call to USCIS would create Service Request ? or Do i need to ask them to create /raise Service Request?  

 

Your response in this regard is much appreciated.

 

Thanks in Advance

You need to request them to raise a SR. Also, you need to talk to an attorney.

[satya2k1]

Hi h1,

 

If you don't want to wait for another 3 months, travel to your home country or other country and get H4 visa for your dependents and enter the US with new I94.  Then you can apply for H4-EAD. 

[DeeChoksi]

Can you share your visa stamping experience while I539 was pending