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H4 EAD Options/Suggestion needed

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  • H4 EAD Options/Suggestion needed

    I have a unique case - we had H1/H4 and H4EAD processed from my husbands previous employer and the date of expiry on all of them was 21/aug/2021. However since then, my husband moved to a new employer and he has a new date expiring 18/dec/2021. So in march of 2021 we filed H4EAD seeking extension upto 18-dec, lets call this bridge H4EAD petition.

    Now, his employer has agreed to and are filing his H1B renewal in premium processing by July 3rd week (H4 and H4EAD also are being applied) - what are my options.

    Option 1 - Once H1b is approved, travel out of the country to get H4 Visa stamped based on my husbands latest I797, so I cut the H4 approval dependency?
    1. Is this feasible option
    2. Should I be applying for H4EAD after I travel back in to the country as against applying with his H1B?
    3. Since my bridge H4EAD might not be picked up yet for processing (owing to nice back log), if new H1B is already approved by the time, can we somehow ask USCIS to process bridge H4EAD based on new approval date? [although H4 might not be approved].

    Option 2 - File H1/H4 and H4EAD in normal processing, until they resume processing applications together (a big hope) and then apply in premium - hoping against all hopes ..but …

    Option 3 - Please let me know if there are any other options…


  • #2
    From your question, What my understanding is, you have H4 and H4 EAD Approval till Aug 2021 and now you applied for Ext on both the petition.
    If this is correct, my suggestion is, Once your spouse got H1B Ext approval(Second time), you can file another H4 and H4 EAD petition with new approval notification. If you feel it will take long time to adjudicate, then you can prefer obtaining H4 visa at embassy/consulate. Once you get visa approval, please apply new H4 EAD with the approved visa then withdraw all the previous pending applications.
    Hope this make sense.