Hi everyone, sharing my situation and a strategy I am considering , would love input from anyone who has done something similar.
Our situation:
My wife’s upcoming EAD, H4 visa, and H4 I-94 all expire on September 30, 2026. Our lawyer filed her standalone H4 EAD (I-765) on September 29, 2025 — before the October 30, 2025 cutoff , so she qualifies for the 540-day auto-extension rule. They are now filing H1B extension, H4 extension (I-539), and a new H4 EAD together.
The problem:
The 540-day auto-extension requires her H4 I-94 to remain valid on the day her current EAD expires (September 30, 2026). Without premium, I-539 takes 7-9 months and likely will not arrive before September 30. If her I-94 lapses, the 540-day extension stops and she cannot work.
I-539 premium is no longer available for H4 dependents since the Edakunni settlement ended January 18, 2025.
The strategy we are considering:
Has anyone done this successfully , specifically traveling to India to get H4 stamp to reactivate or preserve the 540-day EAD auto-extension instead of filing I-539? Any experiences, tips, nor risks we should be aware of would be hugely helpful!