Filing H4-EAD after H-1B extension

Hi all,

This is my current scenario.

Current H1B expiration - 26th August 2018

New H1B - Just started the documentation - Company does not do premium processing but I can.

I-140 - Not yet filed. Expected to be filed in a month.

Wife visa status - H4

With the current issues surrounding H4-EAD, I am thinking to do as follows:

  1. Do I-140 in premium processing. This is because my PERM processing took ~9 months and I don’t want to take chance with my I-140 application.

  2. Pay for H-1B premium processing (so that I will get my extension in < a month). Also, my wife will get her H4 extended.

  3. File for H4-EAD once I get my extension and I-140 approved so that the validity of her H4-EAD will be more than a year ! ( I don’t have any clue about the validity).

Is this a viable plan or am I missing something here ?

Hi Karthik,

I am also in the same boat. How confident are you about getting approval of extension of H-1B? I heard extension is getting denied lately by USCIS. Also, do you know if you file for extension right now, then you will get new validity (say 3 yrs) starting from now or from the expiration of your current visa (i.e. 26 Aug)?