Q: My i797 is valid till 2026, company is filed H1 amendment, with out approval of amendment can i file H4 & EAD Eextension
A:
When your company files an H1 amendment, it indicates changes in your employment terms such as job duties, work location, or salary. This process is necessary to maintain the validity of your H1B status under the new conditions. Your I-797 form, which confirms your legal status and work authorization, remains valid until 2026, which is a key document for your stay in the U.S.
Regarding the filing of H4 and EAD extensions without the approval of the H1 amendment, it's important to understand that H4 status and EAD are dependent on the H1B status. As long as your H1B status remains valid and unchanged, your dependents should be able to file for H4 and EAD extensions based on the current validity of your I-797. This process allows them to maintain their status and work authorization without interruption.
However, it's crucial to keep in mind that any changes to your H1B status, such as the outcome of the amendment, could potentially affect the H4 and EAD applications. It's advisable to stay informed about the status of the H1 amendment and communicate with your employer or legal counsel for guidance on the best course of action. This proactive approach ensures that you and your dependents remain compliant with U.S. immigration laws and regulations.
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