I am currently on H4. My spouse who is on H1B just got his I140 approved.
My spouse's current H1B visa is valid till DEC-2022.
I want to apply for EAD, Below is the sequence I have planned to take care of my situation:
MAY-2022: I plan to apply for my H4 EAD immediately now as I am currently eligible to apply based on his I140. It might be valid only till DEC-2022 as per my and his current visa validity.
AUG-2022: My spouse will apply for his visa extension in premium.
OCT-2022: I will travel out of country and get my visa stamped(faster than applying H4 from here) for extension.
NOV-2022: I plan to apply for EAD renewal even though I wouldn't have received the initial EAD by then.
If I apply my EAD now(in MAY 2022), considering the current EAD wait time of 8.5-10.5months I would get the EAD decision only by Jan/FEB-2023.
But by then my spouse's H1B extension would already be approved. So then I should be eligible for EAD further than DEC-2022.
As per the current Automatic extension rule EAD can be extended for 540 days.
My question is can I apply for renewal of my EAD say by DEC-2022 even before the decision of my first EAD application is given by USCIS so that I get the automatic extension. Would I be eligible for this rule when my original EAD application will be pending with USCIS?
Is there a better way to handle this situation? Please help advice!
Thanks
My spouse's current H1B visa is valid till DEC-2022.
I want to apply for EAD, Below is the sequence I have planned to take care of my situation:
MAY-2022: I plan to apply for my H4 EAD immediately now as I am currently eligible to apply based on his I140. It might be valid only till DEC-2022 as per my and his current visa validity.
AUG-2022: My spouse will apply for his visa extension in premium.
OCT-2022: I will travel out of country and get my visa stamped(faster than applying H4 from here) for extension.
NOV-2022: I plan to apply for EAD renewal even though I wouldn't have received the initial EAD by then.
If I apply my EAD now(in MAY 2022), considering the current EAD wait time of 8.5-10.5months I would get the EAD decision only by Jan/FEB-2023.
But by then my spouse's H1B extension would already be approved. So then I should be eligible for EAD further than DEC-2022.
As per the current Automatic extension rule EAD can be extended for 540 days.
My question is can I apply for renewal of my EAD say by DEC-2022 even before the decision of my first EAD application is given by USCIS so that I get the automatic extension. Would I be eligible for this rule when my original EAD application will be pending with USCIS?
Is there a better way to handle this situation? Please help advice!
Thanks
Comment