H4 renewal and EAD

[renewh]

Hello All,

We are filing for H1 extension based on i140 and my spouse is scheduled for travel in December. The last time we filed the approval for H4 came in 20 days which was our expectation this year as well but looks like we aren't getting a reply on H4 in the next 6 months minimum. My mind says not to file for spouse's extension just file for H1 and go for consular processing in home country using my i797 which would be filed in premium.

Thoughts? Any better ideas?

• Are H4s eligible for any drop box kind of thing?
• Is there a risk here considering Covid? Is it possible there wont be an H4 appointment for the next 4 months?

Further how does it play with EAD? can we file for EAD right now for spouse whose current petition expires in Feb 22. I see there is a wait time of 14 months for EAD am I wrong? I am assuming there is a i94 change thing involved if there is travel while petition is in process. If we aren't filing H4 extension we could technically start with H4 EAD right away and probably submit a i94 change later.

Thanks

[renewh]

rkk09
raghvi


Please assist with any information.

[rkk09]

Hi Member,
Please see my response below.
Are H4s eligible for any drop box kind of thing?
Answer: Yes. H4 also eligible for Drop box. But, Please make sure to say the Answer as Yes to below questions and proceed ahead.

• I have a previous U.S. visa in the same class as the visa for which I wish to apply
• My most recent visa was issued in India
• I received my visa after January 1, 2008
• My prior visa is not annotated “Clearance Received” or “Department Authorization”.
• My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday
• My most recent visa (in the same class for which I am applying) was not lost/stolen or cancelled.
• I have no refusals for a visa in any class after my most recent visa issuance
• If I am applying for an H or L (individual) or R visa, my prior visa in the same class is still valid or expired within the last 48 months.

Is there a risk here considering Covid? Is it possible there wont be an H4 appointment for the next 4 months?
Answer: To be frank, very tough to answer for this question. Many people struggling obtaining visa slots recent days. My assumption is, we can expect something in the month of November month to see many appointments. Lets see.

My mind says not to file for spouse's extension just file for H1 and go for consular processing in home country using my i797 which would be filed in premium.
Answer: This is really good idea rather waiting for petition status, if you get slots before H4 expiry, consider obtaining H4 visa at consulate/ embassy.

Further how does it play with EAD? can we file for EAD right now for spouse whose current petition expires in Feb 22
Answer: Once you get H4 EXT visa approval, with that file an H4 EAD.

I see there is a wait time of 14 months for EAD am I wrong?
Answer: It depend upon service center processing time. In my circle, people have got H4 EAD Approval within 7 months.
All the best.
Thanks

[renewh]

Thanks for all your responses. On the DS160 we did get some of these questions but not all. Where do you suggest these questions which you have listed are available. Lastly we would be filing for processing back home is drop box also considered as consular processing? I am really inclining to drop box if possible in your responses you mentioned both so just clarifying.

[indians_in_usa]

I agree with rkk09 for other responses. For H4 EAD there was some policy change last month, I think once you have H4 Visa, with new rule you get 180 days automatic extension if renewing H4 EAD before the previous expires. I created a video for L2 and H4 EAD updates.

[rkk09]

I agree with rkk09 for other responses. For H4 EAD there was some policy change last month, I think once you have H4 Visa, with new rule you get 180 days automatic extension if renewing H4 EAD before the previous expires. I created a video for L2 and H4 EAD updates.

Hi Member,
Yes. You are correct. If H4 EAD Applicant has filed their petition before I-94 or current petition expires then the EAD validity will be extended for another 180 days from the expiry date.
Thanks