Question regarding H4 EAD Renewal

USA H4 Visa
1

Hello Everyone,

I’m on H1b Visa currently, my I-140 is approved and H1b is valid till January 2026.

My Wife is on H4 visa and her visa is expiring this month, we have applied for H4EAD in Feb 2022 and it was approved this month, valid till Jan 2023.

Currently, my wife is in India as we have a newborn baby and we want your advice on what is the best way to apply for her EAD renewal.

Does she need to get back before this month end and apply for H4 and EAD renewal to qualify for auto extension?. Or can she get H4 extension in India by visiting the consulate in February and apply for H4 ead renewal once she returns to the US.

Please advise on the suitable path to proceed so that EAD can be used without any delay.

Thank you

2

If her H4 visa has expired, she can use you I-797 and go for H4 stamping. Enter the US and apply for H4 EAD.

Or if her H4 visa is valid, enter the US before the visa and H4 EAD expiry, show your new I-797 at POE so that she can get H4 I-94 till 2026 and apply for EAD renewal before the EAD expires so that she can qualify for automatic extension of EAD for 540 days and can immediately start working.

Otherwise if applying for EAD after the current EAD expires, she will need to wait till EAD is approved before she can start working.