Hello,
I have approved I-140 application under EB1-b category. I am in my sixth year and my visa expires in Sept. 2019. My employer has filed for H1b extension last week under premium processing and also applied for H4 concurrently and H4-EAD for my wife. We have to travel back to India next month and so I am trying to figure out the implications for my wife’s status.
Since it is premium processing, if all goes ok (i have never had any issues in the past) I am hoping to get my approval in two weeks. However, since the I-539 does not qualify for premium processing the anticipated timeline I am told is 7-10 months. We have not traveled for past 4 years and so will need to get Visa stamped to re-enter. I might have approved I-797 by next month but my wife probably will not.
Does she have to wait in India till she gets her H4 approved ? Will her H4 - EAD be processed in parallel or the processing of H4-EAD starts only after her H4 approval ?
I would really appreciate if someone can provide any clarification on this. Has anyone else faced a similar situation.
thanks in advance,