Continue to Work While H4 EAD is pending with USCIS for Correction

USA H4EAD
1

Hello,

My current H4 EAD is valid until 31st July 2022. I have received the extended H4 EAD but there is an typographical error due to USCIS error.

Would I be able to work post July 2022 if the corrected EAD card is not there with me?

FYI - I539 is valid until Dec 2024.

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2

If your card isn’t corrected before your current EAD expires, you have option to re-apply for EAD again and get automatic extension for existing EAD for 540 days and continue working.

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3

Hello Sumarita,

Did you receive the new EAD card from USCIS? I am facing the same issue. They approved my EAD till July 2022 when I already have my old card till July 2022. The new H1B is approved till 2025. I sent the card back after raising a service request, has been over 2 weeks not heard anything back.

Thanks,
Arpita

4

Hi Arpita,

Unfortunately no. There is no fixed timeline. Haven’t heard back yet.

5

Hi Arpita,

How long did it take for you to get the typographic error corrected and receive a new card?

Thanks,
Jay

6

Hi Samarita,

Did you file a new EAD application?

Were you able to get auto extension or did it create any issues as USCIS already approved your H4 EAD extension with wrong dates?

I’m in a similar boat
H4 Old - Valid from 04/01/2022 to 03/31/2025
H4 EAD Old - Valid from 05/19/2022 to 02/03/2025

H4 New - Valid from 04/01/2025 to 03/31/2028
H4 EAD New - Valid from 04/01/2025 to 03/31/2028

My lawyer is not suggesting to file a new application as the extension is already approved and suggesting me to get the dates corrected through service request. This will take time.

As I am running out of time, if I re-apply for H4 EAD will the auto extension based on I-94 will be applicable for me?

Thanks,
Jay

7

Yes, EAD auto extension should be applicable as you have valid H4 i94.

9

Hi @anil_am22

please review my status as below: (H4’s)

H4 Stamped Visa Valid until - 07/29/2024.(expired)

Current H4 I539 Extension Valid until - 04/27/2025

Current H4 I94 valid until - 04/27/2025

Current H4 I765 and EAD Valid until - 04/27/2025

New H4 I539 Extension Validity dates (along with I94): 07/12/2025 to 07/11/2028

New H4 I765 and EAD Validity dates: 07/12/2025 to 07/11/2028

As you can notice, there is a gap of around 2.5 months for H4, I94 and EAD work authorization. Should we need to get this corrected (or) what exactly will be the process?

Can you please review and let me know what are my options to continue working without any gaps?

Thank you

10

What is the reason for the gap?

When you applied H4 extension, didn’t you request the start date as ‘4/28/2025’?