Apply H4-EAD based on pending H1B/H4 extension receipt number?

My case:

  1. My employer recently filed my H1B (and my spouse’s H4) extension.
  2. We have the receipt number but the application is pending with USCIS. I am now planning to file for my spouse’s H4 EAD.

My Questions:

  1. Can I apply for her EAD based on the pending H1B/H4 extension petition?
  2. If yes, do I need to write the latest (pending not approved) I797 receipt number in Question 22?

Apply H4 EAD based on pending H1B/H4 extension?

Yes, you can apply for H4-EAD based on pending H1B/H4 extension pending.

What Receipt number to write in Q29 on form I-765?

Write the latest (pending not approved yet) I797 receipt number in Q22 on form I-765 for H4-EAD.

What i94 number should be written on form I-765?

Write the most recent H4 i94.

Will H4 EAD be issued with H4 extension pending?

No, it won’t be issued.
Even if you apply for H4 EAD based on H1B pending receipt number, USCIS cannot really work on it until your primary H1B/H4 extensions are approved.

The H4-EAD application would be picked up and worked on, only after a decision on H1B/H4 extension has been taken.

Note: If you apply with H4 extension pending, your processing time clock ONLY starts after your H4 extension has been approved. Until then, it is just hanging in there with no real action.

Complete process to apply for H4-EAD along with pre-filled I 765 form is available here:

2 posts were split to a new topic: USCIS i-765 EAD form shows expiry date as 2/28/18 - Is it acceptable?

4 posts were split to a new topic: H4 extn applied before I 94 expiry date, still pending, will it be denied if passport expires at decision time?

2 posts were split to a new topic: Write H4 i797 receipt number on H4 EAD form?

My spouse’s employer filed for H1B extension in regular processing and it has been pending for more than 5 months now.

We are planning to file for my H4 extension now. Can we do it using pending H1B extension’s receipt number?

You can file H4 Extension with pending H1B extension

Yes, you can file your H4 extension (Form i539) using your spouse’s pending H1B extension’s receipt number.

Note that H4 will only be approved after the H1B is approved though.

Hi Anil

My question is I applied for h4 ead with pending h1 and h4 receipt number in april. My h1 & h4 got approved in June. Do i need to send approval notice to uscis for h4 ead processing if yes what is the process

Thanks

Hi @crazyindian1234

No need to send Approval information. USCIS can look up themselves.

Hello Anil,

Thanks for the detailed answer. I still have a question on the processing time.
My employer will be filing H1, H4 extensions in premium on Oct 1st 2019 and clarified that the organization does not file H4 EAD applications.
I’m planning to file H4-EAD on my own once I receive my H1-B approval (possibly Oct 15)
Per current processing times, H4 approval can be expected in 5 months, i.e., by Mar 1st 2020.
My question is – when can I expect the USCIS to approve the H4-EAD application?
In TruVisa website, the current processing time is mentioned as 150 days for TSC.
Will this 150 day clock start from the date of H4 approval or from the submission date of H4-EAD application?
Can I expect the H4-EAD to arrive by March of 2020 or would it go till July 2020?

Thanks in advance.

Hi @bannudot

You can expect the 150 day timer to start from the date of filing H4 EAD application.

Hi anil,
My husband got approved 140, h1b but my old h4 extension is pending last 9 months then after approved 140, h1b again h4 extension applied last month. Now can i apply H4ead because 2 time applied h4 extension status pending. I have to wait for first applied h4 extension then will apply H4ead?

Hi Anil,

I filed my H1B transfer from Employer A to Employer B in premium processing. My H1B and my spouse H4 is valid for next 3 month’s. I decided to file H4 extn and H4 EAD together by myself. I just want to know if I leave Employer A, following are my questions.

  1. Can they withdraw my H1b?
  2. If they withdraw my H1b and USCIS revokes my H1B petition, will it affect my spouse H4 status? will it revoke my spouse H4 as well? my spouse will go out of status immediately ?
  3. Can I file H4 extension without getting H1B approval notice. I meant to ask, can I file on receipt notice.
  4. Can I file H4 EAD without getting H1B approval notice. I meant to ask, can I file on receipt notice.

Thanks
Ankit Yadav

You can file H4 EAD while H4 extension is pending.

I suggest to file H4 extension along with H1B transfer.

@Anil_Gupta: Actually, I have already filed my H1b with my attorney but did not file H4 extn yet. Would there be any problem, if I file H4 extension after joining new employer? her i-94 is valid till Sep 2021.

I suggest to file the H4 extension as soon as possible once your have joined the new employer.