My h1b extension will go in premium along with h4 extension plus EAD application which means applying a single bundle for all three. While my H1b under premium processing is approved but H4 extension approval is pending, can my spouse back in home country appear for h4 extension visa stamping interview based on my newly approved H1b renewal I-797 OR H4 extension has to be approved first?

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She can travel, but the pending I-539 will be considered abandoned. You should consult an attorney to determine if the abandoned I-539 will impact the pending EAD.

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EAD will be filed after she enters USA based on here recent I-94 entry. Her stay is temporary for 14 days and she will return back then, meanwhile I’ll file blanket application with h1b premium. EAD filing is first time.

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Why file her EAD now if she is going to travel? She should travel and return with new H-4 based on your new extended H-1B, then file EAD. She will have valid I-94 and if EAD extension is filed before the current one expires, she gets automatic extension of work authorization while it is pending.

Sounds fine. A lot of people file the I-539 and then just decide to get their visa stamped with the new I-797. Upon entering, I-94 will be extended. File the EAD once she enters in valid H-4 status.

Yes she will be in USA in January 2023, so I will get her official I-94 entry which I will use in my h1b premium blanket application to also file her h4 extension. Would that be okay?

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I discuss & other do’s and dont’s on IG.

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