Can the dependent apply for H4 EAD extension while the extension is in-progress


(jaya) #1

Hi -

  1. My current H1B expires in April 2019.
  2. With my current employer I’ve I-140 and since my employer don’t file H4 EAD, I applied for H4-EAD for my spouse separately.
  3. In Jan 2019 employer submitted for H1B extension
  4. Employer didn’t considered H4-EAD extension along with my H1B extension

Questions:

  1. Do I need to go for a H4-EAD extension post H1B approval? Or can I apply while H1B extension is in-progress
  2. Does my spouse need to stop working until she gets the H4EAD or can she continue working based on my H1B receipt number?

Please suggest.


(Anil Gupta) #2

Apply H4 EAD based on Pending H1b extension

You can apply for H4 EAD renewal using your pending H1b extension receipt number.

Can Spouse while H4 EAD renewal is pending?

Your spouse can work until the current H4 EAD expires.

Your spouse should STOP working if current H4 EAD expires and the H4 EAD renewal is still pending.

Automatic 180 H4 EAD extension is not available for H4EAD.