H4 EAD extension and eligibility to work while waiting for EAD extension approval

USA H4EAD
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Hi all,

My employer filed H1b extension as well as H4 for my wife. USCIS received my H1b extension October 1st 2022 but case shows as actively reviewed by USCIS. Current H1b and wifes H4 and EAD expires on March 5th 2023.

I was planning to apply for H4 EAD renewal after getting approval of my H1b extension. But due to current backlog I still dont have approval. If we submit EAD extension with latest H4 and H1b receipt notice can she continue to work after the expiry of EAD? I see in USCIS there is some grace period for EAD, is that valid on our case? Please let me know.

If that doesnt work I may need to convert to premium processing of H1b extension and file with approved extension and apply for H4 EAD renewal?

Looking for expert opinion.

Thanks

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Hi Anil,
Thanks for your reply. Does this automatic extension apply in my case?
Our I94 expires on March 5th 2023. In that case does this rule applicable or not?

If not I need to convert to premium processing. Objective is to continue employment based on EAD.
Please let me know.

Thanks

4

Can someone clarify me about the question I have.
Is it possible to get grace period or automatic extension according to new rule if I94expires?
H4 and H4EAD is filed before expiry of EAD and /I94.

Really appreciate if some clarify my doubt.

Thanks.

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Not sure if you went through the article @anil_am22 shared. It is detailed and clearly explains the eligibility.
To be eligible for H4 EAD automatic extension, you need a valid H4 I-94 and EAD must have been filed before the existing expires.
I would strongly recommend upgrading H1B to premium processing so that H4 and EAD ( if already filed with H1B) can be approved with H1B within 15 days.

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Thanks Kalpesh for your reply.
I went through the document but it was bit confusing, I am clear with the filing of EAD before expiry but was not clear with valid I-94. Valid I-94 is required means what is the advantage in this new rule?
I think only it will help only when there is a delay in getting EAD card or approval. Sorry for my ignorance on this topic.

Thank you very much for clarifying. I will convert to premium processing and then file EAD with the new approval.

Thanks.

7

Hi all,

For regular H1b when we apply for extension the applicant can work based on receipt notice before getting approval. That means I94 is extended ?

Similarly if we apply for extending H4 and EAD renewal before expiry of I94 can person on EAD is eligible to work for category C(26) based on new auto extension rule?

Sorry I am just trying to understand the concept. Please let me know expert opinions.

Thanks in advance.

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USCIS allows you to work upto 240 days (240 rule) while your H1B extension is under processing for timely filed extension of status and this is so that the H1B can maintain the status with continued employment.
Though same logic doesn’t apply to H4. H4 needs valid I94 to keep working EAD while EAD is being processed. This extension is upto 540 days during which your H4 I-94 has to be valid.

If you are still not clear, I would suggest consulting your employer’s immigration lawyer.

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Hi Kalpesh,

Thank you very much for your reply. Basically this automatic H4` extension is not that great but only help if you have a valid I-94 and will help only in the delay of issuing new EAD card.
I got the point. Devil is in the details.

I wish they would have made it like H1B.

Thanks you.

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Hi @rlal

While applying for H-4 EAD Renewal, Which I-94 number we must write in I-765 form (Question 21a) for H4-EAD Renewal while H-4 Extension is still pending with USCIS ?

Please clarify.

Thanks.