H4 EAD Renewal from outside USA

[maxy_spy]

Hello,
I have a unique situation and need your inputs on it.
My wife has a H4-EAD card which is valid till Sep 1 2017. My H-1B visa expired in Feb 2017 and My wife's H4 Expired with that as well. My status is valid till sep 2017. As my wife lives outside USA she cannot enter USA without a valid Visa.

Now My employer is going to file for an extension for My H-1B along with my wife's H4. My wife would be coming to USA as soon as we have a new visa stamped for her. I am aware the the H4-EAD can be bundled during the premium processing.

I wanted to know if the H4-EAD renewal can be applied if my wife is still outside USA. Her employer is waiting for the H4 Visa so that she can enter and start working on H4-EAD

if possible please provide me the options I have.

Thank you

Regards,
max

[raghvi]

Hello,
I have a unique situation and need your inputs on it.
My wife has a H4-EAD card which is valid till Sep 1 2017. My H-1B visa expired in Feb 2017 and My wife's H4 Expired with that as well. My status is valid till sep 2017. As my wife lives outside USA she cannot enter USA without a valid Visa.

Now My employer is going to file for an extension for My H-1B along with my wife's H4. My wife would be coming to USA as soon as we have a new visa stamped for her. I am aware the the H4-EAD can be bundled during the premium processing.

I wanted to know if the H4-EAD renewal can be applied if my wife is still outside USA. Her employer is waiting for the H4 Visa so that she can enter and start working on H4-EAD

if possible please provide me the options I have.

Thank you

Regards,
max

First of all H4 extension cannot be filed if she is not here and neither can EAD. What you need to do is ask your employer to file H1 extension in premium and then send the approval notice copy to your spouse so that she can get a new visa using that. Once she is in US she can apply for EAD.

This is my opinion not legal advice.

[maxy_spy]

Hi,
Thank you for the reply. To be also clear she cannot apply for EAD extension from outside USA too?

First of all H4 extension cannot be filed if she is not here and neither can EAD. What you need to do is ask your employer to file H1 extension in premium and then send the approval notice copy to your spouse so that she can get a new visa using that. Once she is in US she can apply for EAD.

This is my opinion not legal advice.

[raghvi]

Hi,
Thank you for the reply. To be also clear she cannot apply for EAD extension from outside USA too?

No.

This is my opinion not legal advice.

[maxy_spy]

Thanks for the reply. I also read that I cannot apply for EAD extension before 120 days of expiry, so if her EAD is expiring in september, I won't be able to apply for extension anyway till May 1st week anyway I guess. Is 90 day time limit still consistent for H4 EAD renewal? or it gets less

No.

This is my opinion not legal advice.