Hello All,
I am on H-1B with approved I-140. My H-1B and my wife's H4 visa/I797 are valid till Feb 2016. However my wife's passport is expiring in Aug 2015. So during our last entry into US, the customs office gave I-94 till Aug 2015 to my wife. We just renewed her passport. We qualify and are planning to apply for H4 based EAD on 26 May 2015. So with this scenario,
1) Will the expiring I94 in August 2015 cause any issues to EAD application or EAD duration? I've heard that EAD is tied to I-94 and not visa or I797. Is that true?
2) Will renewing her I-94 before filing for EAD make any difference?
3) Shall we use I-539 (Extension of Status) or travel overseas and come back?
I've heard few folks got a new I-94 from Mexico border (Tijuana) near San Diego. Is that a safe option and has anyone done this recently and can share their experience?
Thanks,
Abhi
I am on H-1B with approved I-140. My H-1B and my wife's H4 visa/I797 are valid till Feb 2016. However my wife's passport is expiring in Aug 2015. So during our last entry into US, the customs office gave I-94 till Aug 2015 to my wife. We just renewed her passport. We qualify and are planning to apply for H4 based EAD on 26 May 2015. So with this scenario,
1) Will the expiring I94 in August 2015 cause any issues to EAD application or EAD duration? I've heard that EAD is tied to I-94 and not visa or I797. Is that true?
2) Will renewing her I-94 before filing for EAD make any difference?
3) Shall we use I-539 (Extension of Status) or travel overseas and come back?
I've heard few folks got a new I-94 from Mexico border (Tijuana) near San Diego. Is that a safe option and has anyone done this recently and can share their experience?
Thanks,
Abhi