Can file ead extension

We suggest you file at least 45 days before your stay expires. Based on current processing times, if filing more than 6 months in advance, by the time USCIS gets around to actually adjudicating the application, the EAD will likely be close to expiring if not already expired.

The fact that it was filed more than 6 months prior should be irrelevant. While a few requests for evidence have been reported asking for an explanation regarding the early filing, there have been no reports of denials of H-4 EAD renewals due to filing more than 6 months in advance.

Emily has been quoted in Bloomberg Law, U. Search Website. Share This. But, the reality is C26 category does not qualify for automatic extension. You can check above links and screenshots we have already given. So, do NOT get mislead by the message that you are eligible. So, do not be confused. It is as same as working illegally without authorization and you may face issues in future. Some employers may not be aware of these subtle rules and may ask you to work without updating I-9, but it is your visa and your status.

You will be the one, who will face consequences in the future. It is your responsibility to follow rules to be in proper status. No, as mentioned in article, there is no days automatic extension and you cannot work with the receipt notice of H4 EAD. No, you need the new approved physical EAD card of H4 to work. It is required for I-9 compliance by the employer. No, C26 category of H4 EAD is not eligible for days automatic extension and you cannot work when the application is pending.

See above official reference in article. No, as mentioned above, the H4 EAD category of C26 does not fall under days automatic extension to work when the application is pending. No, you should not work, even if your employer is trying to support you or say it is fine. It will be your H4 Visa Status that is at risk and you are the one who will be violating status by working on H4 EAD without proper authorization.

There are no options to work. You cannot work with pending H4 EAD application. Any workarounds or shortcuts suggested by others are all illegal and you should not engage in anything as such on H4, you will be violating your status in US. My Case is a bit unique. Any valuable suggestion with links will help me here. My H4 will expire by Dec Applied in August Please suggest if you have gone through these scenarios or know what to do here.

Also, can I expedite my H4? Please let me know how I can get more information on this. I am an H4 visa holder until September Is there anything stopping me from returning to my home country to work for this employer for 10 months?

I would return before my H4 expires in September My h1 expires in aug and my wife h4 ead expires in aug Can she work till aug or she should wait for new EAD? I have approved I from , can I claim my H1 with premium processing while on pending status?

If yes, approximately how much time it will take to get H1 with premium processing? My employer is ready to sponsor for a new H1B for me. Should I expect delays in spite of premium processing? Does my pending H4 extension case cause any issues. Please advise. Deepz, No issues. If you want to continue working that is the best course of action. You do not get H1B status when filed, you need to get the approval to continue working again. Thank you Mr. Can I apply for H1B after the current H4 expires?

I will be out of status when I am applying but I had h1 in the past. Any issue with that? Thank you again. This is very helpful! Thank you very much. Can I stay on the roster, go on leave of absence and get rehired after the approval comes through? Deepika, 1. It is usually better to resign and re-join later. You may try that option anytime. If they are willing to do it. You can apply in premium and go for it.

Ram, Your situation is not very common. The rule of thumb is, you cannot work when you do not have status. Now, it is slightly grey area…In H1B case, you can work as you applied before expiry upto days… Now, H4 it not clear. You definitely cannot work without EAD card validity…I suggest you speak an attorney and clarify this..

However I am not working at the moment. I have still not received my receipt number. Can I still stay in the country post my i94 expiry date? Please urgently reply. H4 EAD expiring end of August. Zeva, No, it is illegal. DO NOT try to bend rules and get into issues. Do you have any insights on this solution? Shifan, If she is still on F1 and valid status, she can. Talk to DSO and then apply for extension.

Usually, you will be in previous status until your COS is approved. Talk to DSO and also an attorney to be safe. Do update, if any changes. EAD expiring soon. While waiting for renewal which is going to be delayed, Can I go on unpaid leave until then or I have to resign from my job? Please suggest. Thanks a lot in advance. My H4 EAD expired during lockdown. Primary H1 somehow got an extension with premium processing.

DLs expiring during lockdown are auto renewed till Jul 31st. Any such rule for H4EADs. Check the above article again, it has official info on the same. Is there no covid extensions? Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to days after I expiration when an extension of stay request is filed on time. Do you have any info about this?

Nidhi, There is NO special guidance there. All the old rules apply. That was intended only as a note to file on time and re-iterate the old rules. Please sign this petition to support the day automatic extension for H4 EAD, please share it with your circle. Thank you for this helpful article. My spouse has EAD valid until April Should I expect EAD application to be sent back?

Harsha, In fact, there is no rule telling that EAD has to be applied only 6 months before expiry, it is usually done around 6 months timeframe as practice…so, hard to say. The 6 months rule applies for H1Bs. Hopefully they process it. Do update here once you hear anything for community benefit. If you cannot file your h1 extension before 6 months of expiry , then how will you even apply for h4 ead before that? I am in similar boat.

I work at a small firm who are not aware of H4 EAD related situations and I want to abide by law and not work during the entire time in between.

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? Or do I have to resign from my job and then rejoin later? Usually friends around here apply leave a day before expiry for a month and keep extending the leave until it is renewed. Zalak, Well, some have taken full leave of absence without pay and joined back…Some have quit the job and rejoined latter…The logic is employer need to maintain I-9 compliance, if you are working for them, I am not sure how that works…This is slightly grey area…If you have an option to quit and re-join, that would be ideal as that is very clear…but, the option of going on paid leave is not fully clear…talk to an attorney on this.

I did some research on this and found the following explanation… Does it mean that even if I change my employer the my spouses H4-EAD will still be valid till the end of your H-4 EAD validity period which is September However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section a or b of AC When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I If your spouses loses his or her H-1B job and falls out of status, there is a day grace period with which a new H-1B job can be acquired.

After that, both you and your spouse will be considered out of status and your EAD will be invalid. I am on H4 visa. My application for EAD renewal was under processing at that time. I did not know the rule and I was under the impression that I can continue to work for days while my renewal application was getting processed.

My employer did not ask for the renewed EAD even after the old one got expired. At that very moment I decided to stop working and I conveyed the message to my employer. Well, talk to your attorney, if something needs to be done…As it was really short amount of time and as there is really not much you can do about it now, you can ignore it…Usually, when you travel out of the country and re-enter all your status related things get cleared out…so, you can consider doing that…either case, talk to your attorney of your spouse and seek advice.

Also, update here for community benefit. Any update on working for some days after H4 EAD expiry? Does one need to take any specific step to rectify? Hi, My current H1b visa expires on November 23rd and my spouse H4 status is also the same which is Nov 23rd , but my spouse EAD expiration date in Dec which is more than her H4 expiry date and currently she is working.