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H4-EAD renewal question

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Posted by geotheone (4) 10 Jan 2018#1
This is my Situation

I am in H1 valid till 2018 Aug

My wife is on H4-EAD ( based on my H1 and I-140)

We have misplaced/missing my wife's H4 approval notice ( no copies or scan :(). She has her EAD card and approval letter.

I am preparing to file for my H1 extension and include my wife's H4-EAD renewal with it.



Questions

1. Can I apply for H4-EAD extension without the prior H4 approval?

2. If not what are my wife's options - apply for duplicate? Go out of country and get h4 stamp? Others?

3. In addition I realize there a possibility that H4-EAD it self goes away in February. In that case my wife plans to go back to H1. Is there any issues for this option?



Thank you all for your advice
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Posted by humanity123 (681) 10 Jan 2018#2
to geotheone:

Just ask your attorney to ask for duplicate notice from USCIS. I am pretty sure you have to attach her current valid H4 I797 for getting H4 and EAD extension.
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Posted by h4EADWait4ever (6) 10 Jan 2018#3
Hi,

check this one: https://www.immihelp.com/immigration/get-duplica...

seems you need to apply for a duplicate receipt via I-824 form. I do see a requirement to have a copy of previous petition to be attached along with the request but since you do not have it anyways, just send a copy of the EAD card itself- front and back. There could be some fees associated.

Regards,
Raghav
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Posted by mehtasahikehta (8) 10 Jan 2018#4
to h4EADWait4ever:

To answer your Questions:
1. Can I apply for H4-EAD extension without the prior H4 approval?
--> You will need the H4 Approval copy.

2. If not what are my wife's options - apply for duplicate? Go out of country and get h4 stamp? Others?
--> Apply for duplicate, no need to step out for a H4 stamp (assuming you have some time)

3. In addition I realize there a possibility that H4-EAD it self goes away in February. In that case my wife plans to go back to H1. Is there any issues for this option?
-->Nothing is final if the H4-EAD will be revoked - just rumors at this point;
-->If she has an option of going on H1, they would be a better route ( as you`ll have two H1s in parallel to fall back on each other, incase of job loss) + the EAD might go away anyday if the rumors come true ;-)

Lesson: Gotta scan documents as soon as you get them.
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Posted by geotheone (4) 10 Jan 2018#5
Thank you for the responses and advice. I have heard that the H4 duplicate ( for that matter any duplicate) takes a long time to be processed( mostly more than 3 months) . Is that the case always? I am trying to quicken the process as the actual h4- was renewal also takes time. Although I realize it was stupid of us not to have a scanned copy I can't stop wondering why in this age we still have printed paper as proof of eligibility.Thanks again.
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Posted by geotheone (4) 10 Jan 2018#6
In addition to the above question is there a possibility for applying for duplicate and the H4-EAD extension at the same time?
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Posted by kieran (44) 11 Jan 2018#7
You can also file FOIA to get the copy. Also try at local USCIS field office for a copy.
If she have a H4 visa stamping that would suffice as well.
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