H4EAD extension after H1b Amendment

My H1b which was valid till Sep 2020 recently got Amended and the new validity is May 2021. my wife who has an H4EAD based on the previous H1B (Sep 2020) and I got our visa stamping done in India with my Amended 797 (please note that no amendment was needed to wife’s 797 so the lawyers did not apply for a 797 for her due to h4 validity till Sep 2020)

Now we would like to apply for an H4EAD extension using my 797 and her new H4 visa which is valid till May 2021. my questions are:

  1. Can she use her h4 visa /new i94 that is valid till may 2021 to get a new H4EAD that will also be valid till May 2021 or does she need an I-797 in her own name before she can apply for an H4EAD renewal for 2021 (her current H4EAD expires Sep 2020).

  2. Since her current H4EAD is valid till Sep 2020, the new H4EAD application for May 2021 will be considered a renewal or a new application all together (since renewal is not allowed until 180 days before expiry)

  3. If her H4EAD application get rejected for any reason (for validity till May 2021 based on my amdended 797) will that have any effect on her current H4EAD (valid till Sep 2020 based on my previous 797)

  4. Lastly, does she need a fingerprinting done (looks like its needed only for H4 application using 539) since she already has an H4 visa valid till her requested h4ead date (May 2021)

Thanks for your help.

You cannot apply for H4 EAD renewal before 180 days of currrent EAD expiry.

Your EAD application will be considered a renewal as you already have H4EAD.

She will need H1B i797 and new i94 to file for H4 EAD renewal as and when you file it.

H4 extention is required only when H4 i94 is about to expire. Biometric is for form i539 which is used for H4 extention.

Thanks for your response Anil Gupta, so even though I have all the necessary documents (amended h1b I-797 and the I94 both valid till May 2021) I cannot apply for her H4EAD since her current H4EAD (based on my old I-797) is not expiring within 180 days (old I-797 expiry is Sep 2020)

Is there no way for me to apply her H4EAD as a new application based on the amended 797?

The first question on the H4 EAD form is whether you have held any EAD before or not.

I am sure you do not want to lie on the form and file a new application instead.