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Passport, I94 and H4 EAD expiring this year ; visa valid till next year

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  • Passport, I94 and H4 EAD expiring this year ; visa valid till next year

    My passport is expiring on oct 11, 2021. My I-94 and H4 EAD are also expiring on oct 11, 2021. I have a valid visa till July, 2022 of my husband’s previous employer.

    My husband changed his employer in August 2020 and we moved addresses. The new company applied for my H4 extension. In September 2020 I got a mail for my biometrics appointment in old address. I wrote to USCIS and they sent another appointment on April 23rd, 2021 again at old address. I have applied for passport renewal which is expected to arrive around May 2021. After much difficulty, I got a job and I am trying to find options to extend my H4 EAD.

    Please help me with the following questions:

    1. After I receive my new passport, can I leave the country- maybe Canada or Mexico, come back with new I-94 and then apply for H4 EAD renewal basis my visa is valid till July 2022?

    2. Do I go to my old address and give biometrics just to keep my current application ongoing?

    3. Since the present H4 extension is based on my current passport which is expiring in October 2021, will the application be valid only till October 2021 and then do I have to file for a new extension?

    4. If I leave the country, will my current H4 extension be considered abandoned?

    5. Do I leave to India and get a new visa stamped on my new passport ? Are the centres open considering the COVID situation?

    6. What is the best way to renew my h4 EAD at the earliest?

  • #2
    Hi,
    Please see my response below.
    1. After I receive my new passport, can I leave the country- maybe Canada or Mexico, come back with new I-94 and then apply for H4 EAD renewal basis my visa is valid till July 2022?
    Answer: Just want to make sure, you mentioned, I-94 is valid till Oct 2021 and Visa is valid till July 2022. So, your H4 I-94 valid till Oct 2021? Did you get your H4 at consulate first time? Regarding your question, you can get renewal of H4 at embassy/consulate with the help of current and renewed passport. Once you back to the country, you can file H4 EAD separately.
    2. Do I go to my old address and give biometrics just to keep my current application ongoing?
    Answer: if you plan to get H4 at embassy/consulate, you can consider that. But, If you prefer to keep H4 petition, YES. just give your Bio metrics at scheduled place.
    3. Since the present H4 extension is based on my current passport which is expiring in October 2021, will the application be valid only till October 2021 and then do I have to file for a new extension?
    Answer: Sometimes USCIS will issue RFE to request renewal passport copy. You must have included your renewal passport copy at the time of petition filing. I do see some approvals happened based on passport duration which is valid less then 6 months at the time of filing.
    4. If I leave the country, will my current H4 extension be considered abandoned?
    Answer: No. If you get your visa at US consulate/embassy then you can withdraw the H4 petition once you return back to the country.
    5. Do I leave to India and get a new visa stamped on my new passport ? Are the centers open considering the COVID situation?
    Answer: Please check concern US embassy/consulate about availability of appointments. Based on that, you can plan.
    6. What is the best way to renew my h4 EAD at the earliest?
    Answer: Filing H4 petition and filing H4 EAD will take longer time to get adjudication. Obtaining H4 at embassy/consulate then filing H4 EAD separately will save the time.
    Thanks

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