H4 extension & H4 EADs when H1B approved after litigation

USA H4-EAD
1

Hi, we started the process to apply for my H4 ead, but realized that my h4 visa expires in September 2019.
We applied for my husband’s H1 and my h4 extension but USCIS gave us a 9 days extension on 26th jan2019 till 6th February 2019. We filed a litigation case for my husband’s H1 and finally won the case and got extension till December 2021, but my H4 was not included in the litigation case file!!
Now, after my husband I 140 is approved recently and we started to apply for H4 EAD, but the attorney is asking me to exit the country as my I 94 is not updated as my husband’s and mine is showing till September 2019.
I don’t want to travel to india as I have recently been to with my newborn !!
Can we apply my H4 extension and H4 ead at the same time? How long does it take if it’s texas service Centre?

2

I don’t understand the whole thing clearly.

Did you get a new i94 when you applied for h4 extention?

Why is attorney asking you to exit the country?

3

Will put this in points:

  1. my husband’s H1 got an extension of only 9 days in Jan 2019, for which we filed a litigation case in court and got and extension till August 2021 ( my H4 extension was not applied in the litigation case file)

  2. now, we need to apply for my H4 EAD but my H4 visa is valid only till sep 2019, which is 4 months from today.

  3. as per the attorney, even if we apply H4 Ead next week, I will get the approval only till September 2019 as my current H4 is valid only till September 2019

  4. Attorney says the current H4 extensions are taking almost 9 months , if I am doing it with for I 539.

  5. Attorney is suggesting me to go to india and get H4 stamping done and then apply For H4 Ead once I come back to the states, to save time.

Kindly guide me, As to how much time does it take for H4 extensions (form I 539) and can we apply H4 extension and H4 Ead together?

Thanks

4

You can apply for H4 extension and H4 EAD together.

H4 extension has a new biometric requirement these days which has in-fact increased the total processing time.

You can check the H4 and H4 EAD processing times here.

5

Can I go to Mexico for my H4 visa to reduce processing time ?

Also, do I still need to go for biometrics if I am going to Mexico for H4 visa?

6

Biometrics for H4 visa stamping were always there. Recall the fingerprints process before visa interview.

You can go for H4 stamping in Mexico.