As per the regulation, up to 540 days of the EAD automatic extension would be applicable for all eligible EAD holders, who currently get 180 days of automatic extension. Review our. Can we support the companys work without pay while the EAD application is pending? It is ideal to file all 3 together in most of the caseshaving said that, you can file it the way you said too, it is your discretion. It is better to resign the job. If your client is in removal proceedings, you can check the "clock" on the EOIR . Will her H4 EAD application gets processed faster as she already have H4 stamped? I have couple of friends who applied after me at same location and got it approved within 3 months. e-Request - USCIS Compare the 540-day or 180-day auto-extended date to the Form I-94 end date. Can I file H1 while I am in status (before H4 expires) You see any issues here? Deepz, No issues. https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses. However my husband has valid h1 till 2023 and since I had applied H4 EAD after h1b approval, my EAD is also valid till 2023. This page was generated at 09:36 PM. Can she work till aug 2022 or she should wait for new EAD ? All rights reserved. Sunny, I did not file anything, it is the users. If not, please let me know what can I do to start working? . Frequently Asked Questions | Homeland Security Secure .gov websites use HTTPS I am just giving guidance. This website and blog constitutes attorney advertising. It is also for your own benefit to stop working as the status issues might crop up at the time of green card processing, which may hurt more than a couple of days or a months salary now. Can I work on H4 EAD (Renewal Receipt Notice) with H4 approved? New comments cannot be posted and votes cannot be cast. If you do not receive this notice within 30 business days, contact USCIS Customer Service to confirm your mailing address. Does my pending H4 extension case cause any issues. Did your approval came through? Many people ask the question if they can keep working based on the H4 EAD extension receipt even after the current one has expired for a couple of days. See Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries below for information on TPS-based EAD automatic extensions that may not require a Form I-797C, Notice of Action, and Guidance for Employees under Category Codes A17, A18, and C26 for information about the additional unexpired Form I-94 documentation that H-4, E, and L-2 dependent spouses need to present with a Form I-797C, Notice of Action. Meanwhile, while waiting on the extension approval, I applied my wifes H4 EAD renewal (going to expire on March 2019) based on H1B & H4 receipts in Feb 2019. Many have lost jobs and it is sad situation but thats life, Thanks Kumar, I have a question, I filed my H1B extension, my wifes F1 to H4 CoS and H4 EAD together, and requested the CoS to be effective right before her OPT expiration. Same here, both H4 and EAD arw getting expired in August, renew applications are in pending status , can I continue in my work? It is a pleasure for our law office to introduce associate attorney Nadia Galash to our readers Bio: Nadia Galash has been a California licensed attorney since 2009 and has been practicing immigration law since 2011. You do not need to wait for a physical EAD card (legally called I-766 form) to verify your employment with a US employer. You can reverify temporary employment authorization before the automatic extension ends if an employee presents any acceptable, unexpired document that shows employment authorization, such as any acceptable document from List A or C. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Book outline for Handbook for Employers M-274, To protect your privacy, please do not include any personal information in your feedback. I am an H4 visa holder until September 2023. Yes, you can. But, starting from May 4th, 2022 it would be 540 days of automatic extension. L2 EAD gets an automatic 180-day EAD extension if L2 i94 does not show valid work authorization. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew My question is, can I just go on leave of absence (or leave without pay) while I am waiting for my EAD to renew and come to my hand? You can talk to your employer and attorney to check if they are okay with letting you go on a leave of absence while your EAD card renewal is pending. The H4 EAD automatic extension will end as soon asone of the below threeconditions is met. It talks about I-129 form that you cannot apply before 180 days, thats it. H1 got approved in premium on May 29th after RFE, however no update on H4 yet though. 180 or 540 Days Extension? Processing Times - USCIS Depending on the Received Date on Form I-797C, enter the appropriate date (either 540 days or 180 days from the Card Expires date on the EAD) as the expiration date of employment authorization. It is a glitch at the end of USCISs system when H4 is delayed even after H4 EADs arrival. Application for Employment Authorization | USCIS It changed based on some lawsuits and further changed based on other delays by USCIS in the year 2022. I am sure that USCIS always has a definitive purpose for every thing to do , Well, we dont knowI do not think they have a definite purpose for everything. Whichever date is earlier is the new EAD expiration date. USCIS only allows some EAD categories to keep working even after EAD expiry if you have filed the extension before the current EAD approval expires. Thank you very much. The 540 days of automatic extension rule is valid until October 26th, 2023. In the past, there was no automatic extension for H4 EAD, when the H4 EAD application was pending with USCIS. I did not know the rule and I was under the impression that I can continue to work for 180 days while my renewal application was getting processed. Contact Us, H4 EAD will get an automatic EAD extension up to 180-540 days, How to file H4 EAD, Documents, Form i765 (New / Renewal Process), i94 Extension after Passport Renewal (3 Options), Send New H4 i94 to USCIS for EAD Auto Extension? Despite that, there were still many delays. However I am not working at the moment. One thing that is still not clear to me is If an unexpired i94 is needed to continue working on the H4 EAD receipt? Until then, below are the documents that employers will need from L2 EAD applicants for I-9 compliance and allow them to work after EAD expiration. Since 2019, as most of you know, after the new I539 form for H4 extension/ COS with Biometrics, there was a huge delay in the H4 processing times. This page was not helpful because the content: Questions and Answers Related to COVID-19, Completing Section 1, Employee Information and Attestation, Completing Section 2, Employer Review and Attestation, Completing Supplement B, Reverification and Rehires (formerly Section 3), Section 2or Section B, Reverification and Rehire, Form I-9, Employment Eligibility Verification, Handbook for Employers M-274, Guidance for Completing Form I-9, Employment Eligibility Verification Form. How do the 540 days of automatic extension feel for everyone? Is there anything stopping me from returning to my home country to work for this employer for 10 months? Those who file(d) their applications on or before Oct. 26, 2023, receive an extension of up to 540 days. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. USCIS 240-Day Rule Stay in US after i94 Expiry (H1B, H4, B1/B2 Extension). One such lawsuit resulted in USCIS publishing a temporary rule that suspends biometrics for H4 and L2 applicants for two years from May 17th, 2021 until May 17th, 2023. I see there isnt any clear explanation about this as it only says that I will have to maintain my H1B Status as the H4 & H4-EAD is purely depended on my H1B Status. When you fill out the form, you should make sure to list the pending I-765 receipt number so that USCIS knows to mail the EAD to the new address. If we will apply H4 EAD now what are the complications expected? 208.7(a)(1)(ii). You will need the physical EAD as evidence of your authorization to work in the U.S. Finally, a class action lawsuit was filed in September 2021 by H4 EAD holders for many of these delays and job losses. Employees must have properly filed an application to renew their employment authorization and/or EAD on Form I-765, Application for Employment Authorization, before the EAD expires (except certain employees with Temporary Protected Status (TPS)), and the Form I-765 renewal application remains pending. You cannot file EAD from India. Thanks, Please Advice. If so, please acknowledge and mark it so. Thank you for this helpful article. You can apply in premium and go for it. Can I Work with EAD Approval Notice? We are still waiting for my wifes H4 EAD renewal and hope it comes soon so that she can join back to her work. I am on H4 visa. Any update on working for some days after H4 EAD expiry? For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation. In the past, USCIS was adjudicating the H4 and H4 EADs in premium processing as a courtesy, but this has changed with the new Biometrics process for H4. H4 EAD Receipt notice( I-797C notice of action for form I-765) that has relevant class requested stated as from the above list of codes in the previous section. An acceptable receipt is valid for a short period of time so you can completeSection 2or Section B, Reverification and Rehireof Form I-9, Employment Eligibility Verification. Current employees who require reverification can present Form I-797 Notice of Actionas proof of employment authorization under List C. We believe this is a step in the right direction and hope that USCIS can quickly and efficiently resolve the EAD backlogs as soon as possible. H1B 2024 Second Round Lottery Results are Out. Not affiliated with any government agency. The answer is that you cannot work after the expiration of your EAD card validity. 2. Processing times for Form I-526 are typically based on an analysis of the completed cases for the prior month. With a receipt notice of replaced EAD you are eligible to work. Thinking of filing h1 and h4 together with Amendment + Extension application first and then h4 ead after 1 month to satisfy 180 day rule. As I said, it is absolutely fine to apply, many apply H4 and EAD together when they file for H1B extension, no issues at all. In the Expiration Date field, enter the date that is 540 days from the Card Expires date on the EAD if the Received Date on Form I-797C is on or before Oct. 26, 2023, or the end date of the Form I-94, whichever is earlier. As you know there are many times, you see wrong status as well. So you should be fine. That was intended only as a note to file on time and re-iterate the old rules. Hopefully they process it. This is old rule. Please let me know how I can get more information on this. My H4 EAD is expiring on December 21, 2020. If they are willing to do it. The eligibility categories are published on the, Select A noncitizen authorized to work until; and. My application for EAD renewal was under processing at that time. The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. The Lists of Acceptable Documents is on Form I-9. My employer did not ask for the renewed EAD even after the old one got expired. Set up a one-hour consultation with us before acting on anything you read here. You can read full info at H4 EAD 180 days Automatic Extension Lawsuit Settlement. Enter the Form I-94 document information in the second set of List A Document entry fields. Is there anything stopping me from working for my former employer (outside of the USA) while I have my EAD and I continue to reside in the USA? Nadia Galashspecializes in adjustment of status/permanent resident processing; citizenship; deportation and removal proceedings before Immigration Court; law and motion []. This receipt is valid for 90 days from the date of hire (meaning, first day of work for pay) or in the case of reverification, 90 days from the date employment authorization expired. Do you have any info about this? This is for I-9 compliance, employer cannot accept what you see on the USCIS website as official documents. If the employee presented different but acceptable documentation for a lost, stolen or damaged document, you should complete a new Section 2 and attach it to the original Form I-9. New employees who choose to present a receipt must do so within three business days after their first day of employment, or for reverification or existing employees, by the date that their employment authorization expires. Can I work if H4 EAD Renewal is in the process? Some employers and attorneys suggest going on unpaid leave and returning to work once you have got your new EAD card. keeps up to date on the issues related to the practice areas we specialize in. Despite that, there were still many delays. The employer has to fill out form I-9 to report legal employment to the government and IRS and hence cannot keep you on the payroll. If I switch to a new employer what will happen to the H4-EAD that was issued ? 2. You definitely cannot work without EAD card validityI suggest you speak an attorney and clarify this.. My H4 visa and EAD is expiring on April 29th. Until Form I-94 is changed to reflect that L-2 Spouses can work based on I-94, employers cannot just use I-94 for I-9 compliance. After the case is approved, USCIS will send an approval notice and the EAD. Additionally, any advice found here IS NOT legal advice. Thanks. How Many? RedBus2US.com 2010 - 2023, All Rights Reserved. @Cake was your H4 applied along with your spouses h1b in premium or was it a regular processing? She can work until the expiry date, after that cannot. PDF CHECKLIST TO APPLY FOR A REPLACEMENT EAD CARD - Carnegie Mellon University You do not get H1B status when filed, you need to get the approval to continue working again. Can I work with an EAD approval letter? : r/USCIS - Reddit Hi guys, My EAD has been aprroved, but I haven't got approval notice nor EAD card yet. Hi, My current H1b visa expires on November 23rd 2019 and my spouse H4 status is also the same which is Nov 23rd 2019, but my spouse EAD expiration date in Dec 2020 which is more than her H4 expiry date and currently she is working. If you would like to schedule a consultation, please text or call 619-569-1768. Can I work??? The receipt number appears on Form I-797C, Notice of Action, in the Receipt Number field, as noted in number 1. USCIS processing times were really hit hard during the COVID pandemic due to the staff shortages and other issues. After Biometrics done? Reddit is not a substitute for a real lawyer. I received H4 extension and H4 EAD USCIS approval courtesy notice last week. Until what date is it reasonable to wait (& hope) that H4 EAD might come through on time? Need more immigration updates? czur, No covid-19 exceptions. Well, maybe slightly better, but hard to sayYou can check USCIS website for the current processing times. Is my answer "BEST ANSWER" and/or "HELPFUL"? Enter the word Receipt followed by the document title in Section 2 under List A, B or C, as applicable. Can I apply H4 ead when H4 visa extension is pending and my I 94 is pending.
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