My employer applied for my H1B extension with H4 last month in premium processing. My H1B extension got approved but H4 extension got stuck into RFE due to a mistake on i539 form.We have already responded RFE.
My wife is leaving US for 3 months in Nov-2018 for vacation, So i want to file her EAD application now so that it gets accepted before she leaves.I have few questions regrading filing i765 form.
My wife’s current i94 is valid till Nov-2018.Can I file her H4EAD(new) while her H4 extension is pending?
For point 29, I will mention my approved i797(i129) (extended) receipt number.Correct?
Where to mention i797c(i539) receipt number for my wife’s pending H4 extension of form?
For point 21 a. Should I mention current i94(valid till Nov-2018) or pending i797c(i539) receipt number or leave it blank?
Thanks Anil for response.
From your response, My understanding is :
For point 29, I will mention my approved i797(i129) (extended) receipt number.
Point 21 a. I will leave blank.
I will send them copy of pending i797C for H4 extension (i539) and copy approved extended i797 (i129)
I will apply for H4EAD sometime in Sep-2018. My wife is travelling to India on Oct-29-2018.
What will happen in 2 scenarios mentioned below:
H4 extension gets approved before Oct-29-2018 but h4EAD application is still pending and she go to consulate in Nov-2018 for visa stamping based on approved i539.WHat will happen to her H4EAD application?
H4 extension approval is pending on Oct-29-2018 and she goes to US consulate to get her visa stamp based on my approved i797(i129). WHat will happen to her H4 extension and H4EAD application?
Thanks again for your quick response.
What will you suggest? Whether to file H4EAD application now (Sep-2018 end) before my wife leaves for vacation(Oct-29-2018) or File it in Feb-2019 when she returns?
I saw on USCIS website that applicant need to be in US at the time of filling H4EAD application.
She is leaving on Oct-29-2018.How late can we file H4EAD application so that it gets accepted before she leave (I want to wait to see if H4 extension gets approved).I am hoping that USCIS may process H4 RFE quickly as I filed H1B extension in premium processing .Its pending with Nebraska center.
What is your advise looking at my scenario.Thanks again for your help.
File H4 EAD before travel when H4 Extension pending or after return to US?
My advice is to either not travel or file H4 EAD after your spouse has valid H4 status (if she travels out of US).
A valid H4 status is required to get H4 EAD application approved. The status is defined by the i94 when it is stamped at the port of entry or you receive new i94 with h4 extension i797 notice.
So, the chances of H4 EAD RFE are high if she travels.
Its your choice on what you want to do.
H4 extension RFE processing time when H1B filed in premium
The chances of H4 RFE response now in premium are low. Remember, H4 as a separate application is not eligible for premium processing.
USCIS only processes H4 in premium timeline as a courtesy with H1B premium application.
As far as i know, your H4 may not be processed in premium timeline now that your H1B already has received a result.
Thanks for all your help.
Had a question - will there be major difference in processing timing between submitting H4 EAD application
– concurrently with H1+ H4
– individually once H1 receipt notice comes ?
Reason i am asking is the lawyer is asking for $450 for submitting EAD appl. concurrently even though i prepared it, so I was wondering if it is worth it to wait and submit myself the EAD application once H1 receipt comes. Will that delay the process ?
Please help suggest the best path with your experience.
one last ques -
Lawyers will submit application soon, and if I submit H4 EAD application based on the receipt notice (say it takes 2 weeks for receipt notice ) - will the 5.5 months time be enough to get the EAD I-765 approved via regular processing (without premium on H1) ?
What would you suggest based on experience - will you suggest premium or do you think the current processing time (which I see around 4.5 - 5 months for H4 EAD) be from the date of I-765 submission or will that time start after H1 approval ? (I see currently H1 approvals taking 4 months via regular processing as per uscis).
my h1/h4/ead are expiring in 6 months form now.
Thanks Anil for your time,
I found your suggestion and I think best way forward for me is - I will keep things going in normal processing till 1.5 months before current H1 expiry and if no response by then, will upgrade to premium