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H4 Extension (I-539) still pending while H1 Extension (I-129) approved

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  • H4 Extension (I-539) still pending while H1 Extension (I-129) approved

    Hi,
    I have applied for my H1-Extension (I-129) along with H4-Extension for my Wife (I-539) in Premium Processing. My I-129 got approved, but my wife's I-539 application is still pending. The USCIS status is 'My Case Was Received'. I thought both application supposed to be approved at the same time. My wife has H4 EAD which is about to expire and I need H4 extension approved before applying for EAD extension.

    I called USCIS and they are saying it will be processed in the order it received. No premium processing will be done.

    Did anyone go thru this similar situation? Is there any way to expedite the processing?

    Thanks.

  • #2
    Originally posted by Amiyasaha View Post
    Hi,
    I have applied for my H1-Extension (I-129) along with H4-Extension for my Wife (I-539) in Premium Processing. My I-129 got approved, but my wife's I-539 application is still pending. The USCIS status is 'My Case Was Received'. I thought both application supposed to be approved at the same time. My wife has H4 EAD which is about to expire and I need H4 extension approved before applying for EAD extension.

    I called USCIS and they are saying it will be processed in the order it received. No premium processing will be done.

    Did anyone go thru this similar situation? Is there any way to expedite the processing?

    Thanks.
    There is no specific way to expedite the H4 , but I believe one can work on "interim EADs" for 180 days, as long as EAD extension has been applied for. Check with the attorney who filed for it.

    This is my opinion not legal advice

    Comment


    • #3
      Originally posted by raghvi View Post
      There is no specific way to expedite the H4 , but I believe one can work on "interim EADs" for 180 days, as long as EAD extension has been applied for. Check with the attorney who filed for it.

      This is my opinion not legal advice
      Thanks for the reply. But I think I can ask for 'interim EADs' after 90 days of H4 EAD application. But I cannot apply for H4 EAD if H4 extension not approved. So looks like I am in limbo.

      If I visit local office, did they expedite the case if requested?

      Comment


      • #4
        Unfortunately, the recent, automatic 180 day extension for EADs is not applicable for H4 .
        Just an opinion; Not legal advice.

        Comment

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