Pending H4-EAD and Work Authorization

Background of my case -

Primary applicant has been getting 1 year extension based on pending PERM. We applied H4-EAD extension in Nov-2024 (with I94 validity until Dec-2025) and till now, it is still pending. In July-2025, I received H4 extension with new I-94 (valid until Dec-2026). In October-2025, we sent new I-94 for both me and spouse and cover letter requesting to use new I-94 for EAD extension. EAD extension case on USCIS Case status portal now says, “Correspondence received…”.

Question -

1. Do you know if new I-94 will be considered for EAD extension filed in Nov-2024 and I will receive EAD until Dec-2026 (which is new I94 date)?

2. Since my EAD extension was filed before old EAD expiration, automatic 540 days extension is applicable. But the automatic extension says it is valid until I94 expiration. As my old I94 was valid until Dec-25, will my auto-extension valid until that date or beyond that (until 540 days complete), as we have new I94 now?

Thank you.

  1. There is no guarantee that they will use new i94 but chances are high. They usually consider the H1B receipt number mentioned on the i765 form to match the validity date.
  2. In normal circumstances, yes, you would be able to use the H4 i94 and pending EAD application as the proof to use the auto extension period. People have used it with no problems.