Immigration Issues/H4 EAD extension

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Question
QUESTION: Hi,
My H4 EAD expires in Feb 2016. My I 539 extension for H4 is still in process. My spouse H1 has been upgraded to premium last week and hoping to get an approval by next week for both H1 and H4.  Now since there is only 2 months for EAD, is it good to wait for H4 approval until next week and then file for EAD extension? or can i just apply for EAD extension this week with the H4 receipt number.   Not sure how long EAD extensions are taking time, i dont want to lose time on that process and again dont know if it causes delay if we apply without approval and with just receipt number. Please suggest what's best to do in this case.

ANSWER: Hi,

It is faster to apply for EAD with the H4 receipt notice rather than waiting for H4 approval. By the time USCIS is ready to adjudicate the EAD application (it can take 3 months), the H4 will surely have been approved.

---------- FOLLOW-UP ----------

QUESTION: Hi,

Thank you so much for the response. WE planned to send the docs rather than waiting. Last Friday our petitions were approved. So we waited for the approval notice until yesterday but since its taking time to avoid delays we have sent the documents with just receipt numbers of both. This morning we got the approval notices. We could have waited just one more day but just curious if we didnt send the approval notice will it cause any delay in process? Is it possible to send the approval notice now referring the case?.Just worried if its approved we shud have sent the approval notice. I hope They will be referring the receipt number and process the case. Please suggest if it will be fine with the receipt number.. Thank you so much for your valuable time and response.

Answer
Hi,

The USCIS should approve the EAD with just the H4 receipt notice already submitted, but I recommend that when the receipt notice for EAD is issued by the USCIS, attach copy of the H4 approval notice and mail to the USCIS address stated on the EAD receipt notice along with a short cover letter indicating that the EAD was initially filed with the H4 receipt notice.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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