H4 EAD RFE to submit H1B, H4 extension proof


(Anonymous) #1

Hi Anil,

Thanks for your support and I appreciate if you could share with me your advice.

H1B expires Jan 2019, i140 approved

My H1b and my wife’s H4 expires on Jan 31, 2019.

May 2018 - My EB2 NIW I-140 was approved;

H4 EAD RFE - 1 to re-submit photo with white background

June 01 2018 - We submitted my wife’s H4-EAD application;
Sept 2018 - We got RFE for H4-EAD application stating the background of photo submitted was not white enough; New Photos were submitted right away;

H1B, H 4 Extension filed

Nov 01 2018 - H1b renewal and H4 renewal were filed with Premium Processing;

H4 EAD RFE - 2 - H1B valid for less than 6 months

Nov 02 2018 - We got RFE for H4-EAD application again stating current H1b and H4 status is valid less than 6-month;

H1B, H4 Extension approved

Nov 08 2018 - H1b and H4 renewal were approved and says Approval Letter will be mailed (I got this from checking USCIS Case Status website);

Wait for H1B, H4 i797 approval notice or submit receipt numbers in H4 EAD RFE response?

Anil, in the H4-EAD RFE letter, it says, we could submit “The receipt number of your approved Form I-539, if filed earlier” and “The receipt number of your spouse’s approved Form I-129, if filed earlier”.

My concern is, if we don’t submit the response early enough, the USCIS may take 2 months to process and we may miss the EAD opportunity.

In order to obtain my wife’s EAD as soon as possible, do you think if it is a good idea to respond to the RFE right now without submitted the copies of Notice of Approval (still in the mail), but just mention the receipt numbers?

Or do you think if it is not really that urgent and I should better wait for the notices of approval to arrive by mail and include copies of them to the Reponse to RFE?

Can I connect H4 EAD with my H1B premium application now?

Anil, I have a second question. Since both my H1b and her H4 renewal were processed through Premium Processing, although the H4-EAD application was filed separately, do you think if it is possible to request USCIS to link her H4-EAD application with Premium Processing? Is it worth calling Premium Processing Center to request, or anyway to have it processed faster?

Thank you!!!


(Anil Gupta) #2

H4 EAD RFE - Submit H1B, H4 i797 notice of approval copies

I suggest to wait for the H1B and H4 extension mail to arrive and the submit copies of their i797 approval notice. It is highly recommend.

Do not worry about timeline for H4 EAD removal. You have ample time. DHS has not even published the draft rule yet for H4 EAD removal, let alone the final. The speed with which they ara moving, it will take at-least a year.

Connect H4 EAD to H1B premium when filed separately

Premium processing is not available for H4EAD application on it’s own.
You can’t connect H4 EAD application with H1B premium if both are filed separately, which indeed is your case.