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

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21

@Rajkiran_Panuganti - for me the EAD has a start date of when it was approved. It is not from last date of expiry.

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Thanks. @nchatt11. Can you please let me know if your approval was after 10th of Nov or before that ?

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It was before Nov 10. The status changed to ‘New Card is being Produced’ on Oct 28, and that’s the ‘from’ date printed on the card.

24

Thanks. It is expected to change from Nov 10 onwards due to this settlement. I wanted to check if my understanding is correct.

25

I was planning to visit the CBP office but luckily my H4 and H4-EAD were approved on the same day I was planning to travel

26

Hi. My wife is in India and if she travel now , will she able to work with the new I94 and need to wait for implementation

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Hi . My wife has approved L2 till Aug 2022. She applied her EAD in March 2021 post her L2 was approved.However, while she applied her earlier EAD was expired . Currently she is in India and will she able to work if she travels now to US .

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USCIS is supposed to make changes to the I-94 for L2. The updated I94 will have notation indicating that it can be used as proof for employment eligibility by virtue of holding L2 status. If your wife gets issued with the updated I94 at POE, she can start working otherwise till the I94 changes are implemented, L2 beneficiary will need to rely on EAD for employment.

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Thanks a lot . just want to check , when the changes is expected to get implemented

30

HI…

Do we have any information on when the implementation new rule will be effective

31

I am still not finding any further updates from USCIS. You can call them and ask the agent.

32

Hello,

I have a question for the group and would really appreciate if someone can answer it.

My wife’s H4 EAD and H4 will expire in April 2022. My company attorney has filed for all three concurrently (H1b + H4 + H4-EAD). We have to travel to India sometime in March 2022. My question is - if my H1b and my wife H4 extension will be approved before our travel date, can we atleast go to India, get a visa stamped and then come back and send the updated I-94 docs to USCIS for my wife. In that case she will be able to get 180 day extension, right? i know there is a risk of getting the H4 EAD rejected or getting put ON HOLD due to the new I-94 but that is the risk i am willing to take.

My h1b is being filed in premium processing, just FYI.

Thank you,

33

If your H4 extension of status is approved before you leave for India and H4 EAD is still pending at that point in time, your H4 EAD will automatically extend 180 days. The policy laid out by USCIS is a timely filed EAD extension and a valid I-94 for H4 status to qualify for auto-extension.

Excerpts from the USCIS policy document - https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf

Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their
existing employment authorization and accompanying EAD if they properly filed an
application to renew their H-4, E, or L-based EAD before it expires, and they have an
unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.

• Provides that the automatic extension of the EAD will continue until the earlier of: the end date
on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or
180 days from the date of expiration of the previous EAD.

• Provides that the following combination of documents evidence the automatic extension of the
previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94
indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed
EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or
“(c)(26),” and the facially expired EAD issued under the same category (that is, indicating
Category A17, A18, or C26).

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34

Hi,

My H4 Visa is expiring on 01Jan2022. My husband filed his H1B extension in premium and he got his approval for the next 3 years. I also filed H4 and H4 EAD concurrently with H1B extension which are still pending for approvals.

I live in San Diego, and Mexico boarder is 30 mins from my place. Can I visit Mexico with my husband by land for my I-94 extension based on my husband’s approved I-797. Will I be eligible for USCIS new 180-day automatic extension policy? My current H4 Visa is valid until 01Jan2022.

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Someone from the other group tried to go to Mexico with valid H4 Visa stamp. He said officer asked for H4 approval notice.

37

Hi @patelronu21

That’s not possible.

At the border, only visa is the requirement to enter the US and not the H4 petition.

The CBP officer must have asked for H1B approval and not H4.

38

Thank you. I am planning to visit Mexico border next week. Waiting for my husband’s physical copy of I-797. We do need a physical copy of H1B’s I-797 in order to get I-94 extension for H4 spouse, correct?

39

Yes, you will need a hard copy of H1B approved i797.

41

Thank you @Kalpesh_Dalwadi for this information.