After your EAD application is filed, USCIS will first issue a receipt notice with the receipt number. USCIS will interpret regulation8 CFR 274a.13(d)to give an automatic extension of H4 EAD (filed underEAD Category Code (c)(26)) for up to 180 days based on the below conditions. College Of The Desert Chosen For New Statewide Initiative. Please note that if you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765, together with your expired EAD, will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period. Could I quality for 180 days extension/some other temporary extension based on receipt notice. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, E-3 Certain Specialty Occupation Professions from Australia, Optional Practical Training Extension for STEM Students (STEM OPT), Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and. CEAC Website, Errors Info. Yes, you can. You do not get H1B status when filed, you need to get the approval to continue working again. Thanks, Please Advice. 09/09/21: Received a biometrics reuse notice for I-765 renewal. Mikomi Sushi Taking Over Old T Phillips Site. My last H4 EAD had expired on Aug 31, 2019. My employer did not ask for the renewed EAD even after the old one got expired. Zeva, No, it is illegal. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. I have a newborn who is only 2 weeks old and doesnt have a passport to travel. No receipt yet. New, Renewal? The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. Hire replacement labor an ead expiry date will my client to hiring additional notice not ead renewal receipt. It only Refer to the above - USCIS acknowledged the delays and looks like ETA is 30 days - you can drop an email to . Any issue with that? No, you can apply now as part of your H1B extension, that is pretty normal. In instances where a company cannot transfer additional work onto current employees and cannot hire replacement labor for the position the asylum applicant would have filled, USCIS acknowledges that delays may result in tax losses to the government. It's been almost 3 weeks and I haven't received the receipt notice yet and the check hasn't been cashed. Thank you Mr. Kumar. Isnt your h4 ead extension dependent on your h1 validity ?. 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 240 days after I-94 expiration when an extension of stay request is filed on time. What was your experience in the past before the automatic extension? In this article, we will review the background of H4 EAD automatic extension options, biometrics, and if it is 180 days or 540 days, including some common FAQs. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. It is better to resign the job. REPLACEMENT EAD CARD REQUENTLY ASKED QUESTIONS. 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-140. What was the conclusion on your question? Confirmed application receipts, when processsed, will reflect the actual date application was received by USCIS by mail to the USCIS lockbox/center. This biometrics process delayed the H4 EAD processing times as well. Primary H1 somehow got an extension with premium processing. After 18 months starting from May 4th, 2022, which is from October 26, 2023, the automatic extension duration for H4 EAD EAD would revert back to 180 days. All renewal applicants who file Form I-765 applications on or after January 17, 2017, including TPS renewal applicants, will be receiving Form I-797 receipt notices that contain eligibility category information and information about the 180-day EAD extension. When can I expect the EAD Card and Validity will be based on My Husband H1B Period 4.USCIS will process my Extension only after My Husband H1B Extension got approved. Finally, a class action lawsuit was filed in September 2021 by H4 EAD holders for many of these delays and job losses. Thank you for contacting us. 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 2022. I am planning to file extension. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. Let us see. I have applied for renewal on 01/12/2021. Several commenters stated that the true intent of the proposal is to serve as deterrent for asylum applicants seeking protections in the United States. You should be able to prove that you have the proper business licenses and that it is related to your degree program. ExpiredH4 EAD Card that indicates relevant category code regarding eligibility. Even dropped an email to lockbox support bt havent received any response. So, do NOT get mislead by the message that you are eligible. Please reach out again 8 months before the EAD expiration this was 4 months ago and now I am checking if they can initiate extension & surprisingly they are saying As the I-94 has expired, the EAD card is no longer valid and she must wait until she receives the new EAD card. We cant do anything unless we get one. OPT start date until you receive your EAD. Below are the screenshots from the past that indicate the C26 Category, which is for H4 EAD, was not part of the original list. What can I do to prevent this in the future? so i think there is delay on EAD side since I got h4 recpts for kids. Refer to the above - USCIS acknowledged the delays and looks like ETA is 30 days - you can drop an email to, below is the standard response that I received -. U.S. 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. Receipt notice will take 4-8 weeks. In the past, there was no automatic extension for H4 EAD. USDHS Guidance for Fall 2020 Continues for Spring 2021 posted December 11, 2020, Fall 2020 USDHS Guidance on International Students July 29, 2020, MIT International Students Office The Lockbox has recently experienced a significant increase in filings. Should I expect EAD application to be sent back? If USCIS does not provide a response within 30 days from that date to then contact the CIS Ombudsman's Office for case assistance. 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? so I think I will be getting the receipt notice by next week or I may be able to find it once the credit card transaction is posted. Thank you for contacting Lockbox Support. 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. I will be out of status when I am applying but I had h1 in the past. The company is in a critical phase in the project and I am a key resource. I already got paid for the 10 days I worked after expiry of my previous EAD. The 540 days of automatic extension rule is valid until October 26th, 2023. This site uses cookies to give you the best possible experience. Please suggest. Now Ive got my H1B extension approved, but I noticed that the H4 & EAD processing time may take way longer than before, so we are not sure if she can transit from F1 to H4 smoothly without pausing employment. There is going to get a brief explanation of not ead approval status on this. You can read full info at H4 EAD 180 days Automatic Extension Lawsuit Settlement. As many were waiting for H4 and H4 EAD approvals after Biometrics, some were tired of the wait and took the issue to court. Clear editor. To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. I have sent one more mail to them but no reply. There are the following recommendations to check the status of your application and how to contact USCIS: (1) Check if your application fee payment has been processed by USCIS. If your spouses loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. Well, at least for the eligible ones, it gives an option to work.something is better than nothingcan pay for Uber and go to workJust see the brighter side of it . Your link has been automatically embedded. 09/01/21: EAD renewal paperwork received by USCIS. You can apply in premium and go for it. Once signed in, they will find their corrected receipt notice. We do advise that students mail their application to USCIS using Express Mail through the U.S. Post Office or via an express mail courier (such as FedEx, UPS, DHL). Do you have any insights on this solution? She can work until the expiry date, after that cannot. One thing that is still not clear to me is If an unexpired i94 is needed to continue working on the H4 EAD receipt? If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires.