H4 EAD Automatic extension - I94 date same as h4 EAD expiry

USA H4 Visa
#1

Hi,

My EAD expires in a week and have applied for renewal back in November. Would like to know if there is any other condition to be eligible for automatic extension as unfortunately H4 (I94) end date is same as H4 ead . I never understood how this date can be different for anyone who has been renewing both at same time and doesn’t travel without h4 approval to have new I94 date. Seems illogical. Please advise if there is any allowed rules that will cover our situation.
Or can the I94 date depends on spouse’s h1b (as this is approved and has new data in I94 in approval notice)

#2

To be eligible for 180 days auto-extension for EAD, your H4 I-94 need to remain valid. If the EAD and H4 have same expiry date, you can apply for renewal 180 days in advance from the expiry date, that way there is enough time for processing before the I-94 expires.

#3

Hi, thanks for the reply. We did start the process but unfortunately the h1b filing got delayed by the employer so it affected the h4 filing. Can you please confirm if we need to check the I94 end date in the current approval notice or the online I94? Because online i94 has date is different (10 days lesser than what we see in the current approval notice for last renewal). Please clarify this.

#4

Go with the expiry on the most recently issued I-94. For e.g. CBP issued online I-94 after the one you got attached with your I-797, follow the online I-94 expiry.

#5

Hi, One more advise please - h4 got approved for ~ 3 years, does it mean that h4 ead is now automatically renewed 180 days from the expiry date of h4 ead? We are yet to know the status on that. can we now consider the i94 in the new approval notice and restart to work ?

#6

Yes you can work till the 180 days mark from the expiry of EAD and keep working if the EAD is approved meanwhile but if not approved by the 180 day mark, you will need to stop working and can resume once the EAD is approved.

#7

Thank you for the quick reply. So does it mean, now the i94 date in this new approval notice is the latest one?

#8

Yes, your most recently approved I-94 will govern the status.

1 Like