Applied H4 and H4 EAD renewal for my spouse in sep 2020 along with my H1B, H1B was approved in premium. we are still waiting for H4 renewal. Meanwhile in Feb 2021 my spouse had to travel outside USA for need. Since her prior visa stamp was expired she got her new visa stamping done using my approved I797. she has a stamped visa and valid I94 for next 3years now. can we amend the H4 Ead application submitted in sep2020 with new I94, if so what is the process? or should we resubmit a new application for H4 EAD renewal with new I94?
There are few options in your case.
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You can send a request to USCIS to withdraw your H4 EOS application and attach the new I-94 issued at the POE. This may help with further processing of H4 EAD.
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Interfile newly issued I-94 with the center processing H4 EAD. There is no specific process for this. You simply create a cover letter and explain USCIS that your are submitting new I-94 for already submitted EAD application. Also attach the copy of receipt of H4 and H4 EAD applications. If the new I-94 will make it to your file, the H4 EAD application will get adjudicated sooner or later and may be approved. Note that USCIS will not send any acknowledgement for the documents you interfile.
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Do nothing and wait for USCIS to get to adjudicate your H4 ( which most probably should be denied as the applicant went for consular processing) and H4 EAD. They may raise RFE for H4 EAD and request copy of I-94 or they may simply approve it based on electronic record of updated I-94 in their system.
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Most probably, early next year, USCIS will start premium processing for H4 EAD. So if your case is still not adjusted by then, upgrade your H4 EAD application to premium processing and attach updated I-94 with the request.
I dont see any benefit in reapplying for H4 EAD as it will again take its own sweet time to process.
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Thanks a ton Kalpesh.