Automatic L2 EAD, H4 EAD Auto Extension up-to 180 days - Questions & Answers

Originally published at: Automatic L2 EAD, H4 EAD 180 Day Extension (Wasden Banias Lawsuit) - AM22Tech


As per the Twitter updates shared by Wasden Banias with respect to their ongoing EAD lawsuit against USCIS, Diwali gifts are coming late. The good news will cheer up Indians as they are the ones who use the L2 and H4 EADs the most. L2-EAD: Automatic EAD work autorization for L2 spouses based on their…

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If this goes through, will this also apply to someone who submitted documents in October for H4 EAD extension.

This looks like progress.
So if I understand correctly, the automatic 180 day extension will only be valid if one has/had an H4 EAD already and they are waiting on their extension.
This will not change/help anyone who is filing for a fresh/new H4 EAD card ?

Hi,

What will happen to the fee paid to USCIS for i-765 application in process?

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All current applications will keep processing normally. Rule will apply from the date it is published and will impact all valid H4 EAD holders after the publish date.

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sorry for my naivety here

what does it mean when you say that the rule will apply from the date it is published?
does that mean that this is not a rule yet? and will take some time to be applied in practice?

The changes have not been yet officially implemented.

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This is a policy notice that came. Is it implemented ?

Yes, this is effective immediately as mentioned in the policy document pg. 2

This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance
contained in the Policy Manual is controlling and supersedes any related prior guidance.

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Hi, My spouse’s H4- EAD expired on Aug 12, 2021. We have applied for standalone H4-EAD extension and RD is May 12, 2021 and it is still pending with USCIS for adjudication with California center. we got H4 stamped in India and have valid I-94 till April, 2024. Can she start working in light of automatic extension of H4-EAD? Is the rule effective already? Can she work till 180 days since H4-EAD expiration or can she continue working till the validity of I-94?

She should be able to use the auto H4 EAD extension rule. As per my information, USCIS has already announced it and has not provided any start date explicitly.

Hence, it should be applied immediately since it was a court settlement and not any law-making process.

Thanks Anil for the response. I have one more question. So is my automatic extension valid until i94 expiry date which is apr 2024 or vaild only 180 days after my current ead? Please advise.

It was a good news about the 180 days H4-EAD extension. I have my current I-94 and H4-EAD valid till 20th December. I have applied for H4 and H4-EAD extension in the month of July. My spouse H1B is approved and valid till Dec 2024. For me to qualify for 180 days automatic H4-EAD extension I believe the H4 application should be approved before the current one expires.

I did read on your website the other option is to go the CBP by land cross the border and get the new I-94 for H4 based on H1B approved I 797. Many members have question on how this works. Some of the lawyers say the H4 will get a new I-94 only based on their approved I539. Can we get more clarity on this?

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Hello. If somebody has an L2 extension in progress and original i94 is expired, is that person still eligible to work according to new rule.

If your L2 EAD expired and you filed a timely extension of EAD and your underlying L2 status is valid, your EAD should be eligible for 180 days auto-extension. Id you dont have L2 EAD you will need to wait till your L2 EOS application is approved before you can start working.
When you get the L2 extension approved this time, the I-94 attached to the I-797 approval notice will carry notation that I94 is the evidence of employment authorization and will work like the EAD card. So L2 will no more be required to file EAD application.

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Hi,

My L2 EAD renewal application is in process and pending. Can I start working now?

What will happen to the application which is pending?

i-9 self check portal of USCIS is showing that I am authorized to work

Check work authorization in Self Check

Yes, you can. You can have your employer e-verify and may share the below link for updated policy from USCIS

It will keep processing and you will receive the EAD card. In future when you do extension of status for your L2, the I-94 will have the notation stating it is also an evidence for work authorization. You may not opt to renew the EAD in future.

@KKSS_Kitchen
I have the same scenario with me.
Any update on this. Did you get succeeded in getting any information on the same?

When EAD is approved, does the Start Date start from the date of expiry like that of I-94 or will it start from when it is approved ?