EAD with Expired I-94

[MadScotty]

My wife and I are still waiting for our I485 approval (WAC-02-045) and have accepted that it could be a long time. I have an EAD, but my wife doesn't (we didn't think it was necessary all that time ago) so I want to apply for hers myself.

However our I-94s have expired - our H1B and H4 are in the process of renewal now by my company, but the I765 application requires a copy of the I-94s.

Any idea what my situation is? Should I just apply with the expired I-94? or should I wait for our H1B and H4 renewals to come through first?

Thanks.

 

[NOV28]

you can apply with a expired I-94 as long as you have a copy of your wife I-485 application copy.

I applied my renewal of EAD with a expired I-94 and I have completed 6 years H1 early this August.

My EAD case got approved, and the online message says Cards have been ordered as of Monday Dec 23

Hope this helps

 

[MadScotty]

Thanks thats great... another question though.

If I use my EAD with a new company and therefore my wife looses her H4, what is her status? i.e. do I really need an EAD for my wife or is her status ok because her I485 is pending?

Thanks again.

 

[ghost-rider]

EAD is required for work only. IF u use EAD u and ur dependents will loose H4 status but if they have already filed 485 they are called adjustes. So as long as she doe't plan to work ,EAD is not required. Just the 485 pending will keep her in status.