H4 EAD auto extension - Clarification

[vgpimh]

Hi,

My current H1 and dependents H4 expires on Nov 15th. I am expecting to get my H1 ext approval in couple of months. And spouse is currently working on H4 EAD. We have India travel plan on Nov 20th. I need to know which of below scenario is advisable/feasible so that my spouse can continue working using EAD auto renewal rule while waiting for EAD approval.

1) After getting H1 approval, apply for H4 ext + EAD renewal. Assuming that we don’t get H4 approval before our travel on 20th Nov. So we travel to India and get stamping for H1 and get new H4. Then after come back to US, can my spouse continue work as we got new H4 visa and already filed EAD renewal?

2) After getting H1 approval, don’t apply for H4 ext + EAD. Go to India and get new H4 visa and come back then apply EAD renewal. Can my spouse continue work in this scenarios using EAD auto extension rule?

Please advise.

Thanks in advance.
Venu

[newacct]

Either one should work, as they would have a valid H4 I-94 and pending EAD renewal.

[nowpankaj]

Question : Mine H1 and wife H4 and H4 EAD now filled for extension in normal processing if I got h1 extension approved and my wife H4 EAD expiring in Nov 2022 and I-94 also but when she got new I-94 after h4 approved she will be eligible for auto renewal of H4 EAD as we filed H4 EAD renewal with h4 renewal ?

[newacct]

Question : Mine H1 and wife H4 and H4 EAD now filled for extension in normal processing if I got h1 extension approved and my wife H4 EAD expiring in Nov 2022 and I-94 also but when she got new I-94 after h4 approved she will be eligible for auto renewal of H4 EAD as we filed H4 EAD renewal with h4 renewal ?

Yes, but she will not get a new I-94 for a while because I-539 processing times are pretty long.

[nowpankaj]

I heard it’s 4-5 months right ? If I go to india and then she got new I-94 based on my petition then it will work right ?

No issues while extension in process and coming to USA ?

[newacct]

I heard it’s 4-5 months right ? If I go to india and then she got new I-94 based on my petition then it will work right ?

No issues while extension in process and coming to USA ?

Yes, if she enters she will get a new I-94. But why would she apply for extension of stay if she will leave and come back?

[nowpankaj]

Company filled h4 with H1 so we are not sure we will go or not india just exploring options so that she can continue with her EAD. USCICS will cancel H4 extension once we come back and we need to file H4 EAD again or previous renewal will work which we filled with H4 extension ? Any thoughts