Hi , I currently work as a FTE for leading Quasi Government Not For Profit Organization which disburse loan to students for Higher Education. My org. is exempted by IRS under 501(c)(3). My H4 EAD and my I94 is valid till Aug 6 2017. My husbands H1B (I797) is valid till Jan 2020.My question is
1> Can i apply for H4 extension+ H4 EAD renewal concurrently and expedite the petition based on USCIS rule to expedite petitions from "Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States" ,OR
2> Should I go first to my home country. Get a H4 visa stamped and get my I 94 updated after reentering US on a new extended H4 visa. Once done , file for H4 EAD and expedite based on my employment with Non Profit.
Any help will be deeply appreciated.
You are far better off traveling to your home country to get a new H-4 visa - assuming you have documentation of your husband's maintenance of status and he has been issued an H1B visa in the home country. Your stand-alone I-539 application will not be expedited because it is not a petition by your employer, it's an individual application by you: if it had been filed along with the H1B petition by your husband's employer, and they had requested Premium processing, it would have been eligible for Premium processing also as a courtesy, but stand-alone I-539 applications are ineligible for Premium and cannot be expedited. It sounds like your employer might possibly be an H-1B cap-exempt organization, but there will be no Premium processing for any H1B petitions as of this coming Monday, so I'm afraid that ship has sailed.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
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