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A new spouse wishes to apply for the H-4 EAD in USA but only 8 months left in the H-1B holder's visa.

The H-1B (+I-140) holding spouse's visa expires in 8 months, but can be extended.

The newly US arriving spouse (European citizen) wants to apply.

  1. But, it looks like there's an almost 8 month backlog right now. Is that right?
  2. So, if they spend the $410 filing fee to file for it and the final date of the EAD will only be the end of the current H-1B visa holder's date, then is there a point to applying?
  3. Do the spouses have to go through the same process to renew the visa? i.e. pay again and wait for it? And finally;
  4. It looks like one has to file for the H-4 visa extension 45 days before the H-4 expiration. But, while the H-1B extension hasn't been filed and approved, how do people file for H-4 visa extensions? Or can you file for the H-4 extension after H-1B extension has been filed by the employer (without waiting for the approval). How do people usually handle extensions?

Please let us know what the best course of action is for this.

Thanks!

submitted by /u/zetret
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source https://www.reddit.com/r/immigration/comments/pl3s4g/a_new_spouse_wishes_to_apply_for_the_h4_ead_in/
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