Apply H4 EAD extension before 180 days of expiry

USA H4-EAD
1

Hello:
Current H4 & H4 EAD is valid until 08/2021. (This was issued based on I-797 which is valid until 08/2021).
I am moving to a new employer and new I-797 approved is valid until 12/2022. Can I apply H4 EAD renewal so we can get EAD card until 12/2022 ?

thanks!

2

Has H1B transfer already been filed?

You can only file H4, H4 EAD along with H1B transfer before 180 days of H4 EAD expiry.
Standalone H4 EAD renewal is not entertained by USCIS unless you are in 180 day window.

3

Yes H1 B transfer filed and got approved until 12/2022.

4

In that case, you need to wait to file H4 EAD.

5

Anil thanks for the response. What will be the consequence if I file now ? Will EAD be rejected or is there a chance that it will get approved.

6

USCIS will reject and send back the application with RFE that you have filed 180 days before expiry.

7

Hello Anil,
My H1B is until 12/22/2022. My Wife’s H4 & H4 EAD is until 08/2021. Can I apply H4 and H4 EAD prior to 180 days ? If I apply both now, can I apply H4 & H4EAD again in march, which is when her expatriation will be under 180 days?
Can I have 2 H4 and EAD petitions pending at same time ?

thanks,
praveen

8

Hi @spkr1989,

Have you filed H4 and EAD extension prior to 180 days ?