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

h1b-extension
h4-extension

(Vibhor) #1

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 Extension with pending H1B extension receipt number?
Write H4 i797 receipt number on H4 EAD form?
USCIS i-765 EAD form shows expiry date as 2/28/18 - Is it acceptable?
(Anil Gupta) #2

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?

Leave the Q 21A BLANK since you do not have an updated I-94 number, due to your pending H4 extension.

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:


Applying H4 EAD while H4 extension in process and current I94 expired
Renew H4 EAD without H4 extension?
Apply H4-EAD based on pending H4 extension (approved H1B extension) receipt number?
Renew H4 EAD after h4, h4 EAD both are expired - H4 extension pending
H4 EAD Renewal- Whether i can attach Spouse I94 copy which is going to expire in Sep2018
Can we apply H4 Extension and H4 EAD together?
(Anil Gupta) #3

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


(Anil Gupta) #5

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?


(Anil Gupta) #6

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


(Anonymous) #8

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?


(Anil Gupta) #9

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.