H4 EAD without I94

[mishi410]

Hello,

I have my I-140 approved and wanted to apply for H4-EAD to my spouse.

I had my H1 valid till May 2019 and so H4 visa of my wife. I now have extension of my H1 visa till 2020 but not filed for H4 extension

Now my wife is in India and she would appear for stamping with my new I797 for H4 extension. She will be back to US in Aug 2019

My question is: I want to apply for H4-EAD . When I look for requirements, it says my wife need to have valid I-94 to apply for H4-EAD. (Current her I-94 is valid only till May 2019 as no extension applied) . I would not get new I-94 untill she arrives back to US i.e., in Aug 2019

Since my wife is in india, once her h4 extension/stamping done, with that visa copy can I apply for H4-EAD or do I need to wait till Aug?

If there is any other procedure to apply for H4 -EAD while she is in India, please let me know

Thanks in advance

[scientist2016]

Hello,

I have my I-140 approved and wanted to apply for H4-EAD to my spouse.

I had my H1 valid till May 2019 and so H4 visa of my wife. I now have extension of my H1 visa till 2020 but not filed for H4 extension

Now my wife is in India and she would appear for stamping with my new I797 for H4 extension. She will be back to US in Aug 2019

My question is: I want to apply for H4-EAD . When I look for requirements, it says my wife need to have valid I-94 to apply for H4-EAD. (Current her I-94 is valid only till May 2019 as no extension applied) . I would not get new I-94 untill she arrives back to US i.e., in Aug 2019

Since my wife is in india, once her h4 extension/stamping done, with that visa copy can I apply for H4-EAD or do I need to wait till Aug?

If there is any other procedure to apply for H4 -EAD while she is in India, please let me know

Thanks in advance

Your wife can only get EAD if she has a valid H4 status in the first place (hence the I94 requirement). When she leaves US, she will cease to have H4 status and hence her I94 also ceases to exist. You can only apply for her EAd once she gets back to the US (and thus attains H4 status). Merely having a H4 visa stamped in the passport does not confer H4 status.