I am an Indian citizen. I have H4-EAD valid till April 2021. But after my last international travel, my I-94 says it is valid through May 2020, which is based on my old H4 visa stamped in my passport. If I file for an H4 extension, should I stop working as soon as my I-94 expires and continue only when the H4 extension is processed? May I know my options here? I have a pending I-526 application and I do not want to impact that.
Answers
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyYour narrative is correct, do not work once you are out of status purposely any complications of your I-526. However, file your extension in time, so as to have enough time for processing of all your relevant documents.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your I-94 shows H-4 is expiring in May 2020 then that will need to be renewed. If the H-4 EAD is valid to April 2021 I would not renew that until your spouse H-1b and your H-4 are again renewed.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe H-4 should have been authorized up until the authorized stay on your form I-797. This appears to be an admissions error. This can be fixed by CBP. Some offices will let you do this by email, others expect you to apply in person. Admission should be up until the period of the I-797 not the visa.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you file for the extension while still in status, you can remain in the U.S. until adjudication. Pausing work during this time would be a very conservative plan. The I-526 petition is not really concerned with these matters, but your future green card application certainly will be.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt seems to me that the EAD is valid until it expires.
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