H4 EAD - I-94 and new passport

[priyanka921]

Hi,

I am planning to apply for H4 EAD. My H4 visa is till 2018. My old passport expires in 2016 and I got I-94 valid till 2016 when I entered US last time.
I have received my new passport now. I have following queries:

- EAD validity depends on visa or I-94? So if I apply now will I get till 2018 or 2016?
-Once I apply for EAD, can I travel out of US and return & get a new I-94? Will that affect my EAD processing?
-If I don't want to travel out of US, what are my options to get new I-94? Do I need to apply for extension of stay and how does this affect my EAD application?

What are my best options in the above cases?

Thanks in advance.

[shervin143]

- EAD validity depends on visa or I-94? So if I apply now will I get till 2018 or 2016?
>>> It should be based on your I-94. Your I-94 ill determine when your H4 status will expire. EAD is based on your H4 status.

-Once I apply for EAD, can I travel out of US and return & get a new I-94? Will that affect my EAD processing?
>>> You are not supposed to leave when the application for EAD is pending with USCIS. If you want to extend your I-94, then leave and re-enter back now and then file the EAD.

-If I don't want to travel out of US, what are my options to get new I-94? Do I need to apply for extension of stay and how does this affect my EAD application?
>>> You will need to file the extension of stay. EOS can be filed only within 6 months of the I-94 expiry date. EAD will be issued only after the extension is granted or it will be issued based on the current status expiry date. Extension will take 4-5 months.

What are my best options in the above cases?
>>> Leave and re-enter to get an extended I-94 and then file the EAD.
(or)
File the EAD now based on the current expiry date. File the H4 extension and EAD renewal 6 months from the I-94 expiry date.

[ker2usa]

Hi,

I am planning to apply for H4 EAD. My H4 visa is till 2018. My old passport expires in 2016 and I got I-94 valid till 2016 when I entered US last time.
I have received my new passport now. I have following queries:

- EAD validity depends on visa or I-94? So if I apply now will I get till 2018 or 2016?
-Once I apply for EAD, can I travel out of US and return & get a new I-94? Will that affect my EAD processing?
-If I don't want to travel out of US, what are my options to get new I-94? Do I need to apply for extension of stay and how does this affect my EAD application?

What are my best options in the above cases?

Thanks in advance.

File for an EAD first so you can start working ASAP. Once your EAD is approved, file for an H4 extension and a concurrent EAD application (this is allowed as per the USCIS FAQ). Also, read the USCIS FAQ about traveling while your EAD is pending. It is allowed. The only hiccup would be if they request an RFE or a response to a NOID, and you are out of the country, you may not get a chance to respond in time. Other than that, your application will not be considered abandoned. If you leave the country while both the extension AND the ead are filed concurrently, then both will be considered abandoned.