H4 Visa ,EAD and passport renewal

Hi @Anil_Gupta,

Thanks for your answers to this forum. Very helpful in understanding all the visa-related issues. I have this below query.

H1 and H4 applications were filed on Feb26th,2021 using premium processing. H1 is approved but H4 is still pending. My wife’s (H4) current passport is going to expire on July 11th, 2021. We haven’t received any biometric appointment notice yet. She got the new passport after renewal this week. Can we go ahead and apply for H4 EAD using the new passport while H4 had been submitted with the old passport and is still pending? What happens if H4 is not approved before passport expiry? will USCIS issue an RFE?

Yes. You need to use the one that is current at the time of application which in this case is your newly issued passport.

Your H4 processing will not be impacted due to your passport expiry as it was a valid document when you submitted the application. It depends on the adjudicating officer so if they need your current (new) passport at the time of adjudicating your H4 application they may raise an RFE.