H4-EAD filing while H4 extension application is pending

[Sharma27]

Hello,

My employer applied H-1B + H4 visa extension in premium process. My H-1B visa got approved but my wife's H4 petition is still pending with USCIS.
I have below questions:
1) Can we file H4-EAD based on my H-1B approval?
2) When I looked into the USCIS website, it asks for evidence of current H4 status as below:

• A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or
• A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay.

Since, our H4 extension petition is still pending, can we send the H4 receipt notice? We can't send the current H4 I-797 form which is going to expire on Dec 31, 2021. We are waiting for H4 extension approval beyond that date.

3) Can we just send most recent I-94 record copy as evidence of current H4 status? The I-94 record had expiry date is as same as current H4 visa which is Dec 31, 2021.

Lastly, I just want to know that is H-1B extension (I-797) is enough for getting H4-EAD approval as I have got it approved for next 3 years. However, H4 extension is still pending with USCIS. Current H4 is going to expire end of this year.

Thanks.

[rkk09]

Hi,
Here is my response.
1) Can we file H4-EAD based on my H-1B approval?
Answer: In order to file H4 EAD, you will need H1B documents along with H4 documents too. In your case, since you just applied for H4 Ext, you can include H4 receipt notice.
But please just confirm, is this EAD ext or first H4 EAD petition? If this is first H4 EAD petition, as you mentioned you have H4 validity till end of this year, USCIS may approve H4 EAD for only that period.
3) Can we just send most recent I-94 record copy as evidence of current H4 status? The I-94 record had expiry date is as same as current H4 visa which is Dec 31, 2021.
Answer: You will need to provide I-94 along with H4 documents too. Please note, H4 EAD will be approved based on H4 Approval. Therefore, if you file H4 EAD for now( If this is first H4 EAD petition) your EAD may approve as per approved H4.
Thanks.