Best timing to apply for H4 and H4 EAD renewal/extension

USA
1

Hi Friends,
My current H1B and my spouse’s H4 and H4 EAD are valid until 3rd Aug 2025, and my employer has just for an extension on 11th Dec 2024 (H1 amendment + H1 extension). Since my employer does not send H4, H4EAD applications concurrently with H1 Extension, I need to wait for H1 extension receipt and then file H4 and H4 EAD applications. Now, my question is

  1. Should I wait to file H4 and H4 EAD applications on or later February 4, 2025 so that it is within 180 days of expiry (which seems required for filing I 765)? Or,
  2. Can I go ahead and send H4 and H4 EAD applications before February 4, 2025 date (assuming we will receive H1 extension receipt by the time we send H4 and H4 EAD applications)? Or
  3. Since a timely filed EAD renewal application can be used for automatic extension if H4 has valid i94, should I file only H4 Extension Immediately (online) after receiving H1B Receipt as H4 extension does not need to wait to be within 180 days of expiry? The idea here is to submit H4 extension asap so that hopefully it will be approved before current H4 expires and thus can be used to get EAD automatic extension facility. Of course, we will file H4 EAD (I 765) separately but within 180 days of its expiry.
2

Best way to handle this situation in future is to fill in the I-539/I-765 forms for H4 dependent with the fees and including that with your H1B packet to your employers immigration lawyer. This is how most H1Bs handle H4/EAD extension with the H1B.
Another advantage of concurrent filing is if you are requesting premium processing for H1B, H4/EAD can get processed at the same time thus expediting the process.
Keep above in mind for next renewal.

As for the H4/EAD extension, for now you can file H4 extension online based on the H1B extension receipt if you dont want to wait till H1B is approved. Once both are approved you can file EAD extension online within 6 months of EAD expiry.

3

Appreciate your response. Thank you.