Working on H4 EAD While Renewal is Pending

[venkatakalluri4]

I am currently on H4 status and have an H4 EAD, both valid until December 15, 2024. My spouse, who is on H1B, recently transferred to a new employer and received a 3-year extension. Consequently, I have applied for both my H4 transfer and H4 EAD renewal.

Given that my current EAD is set to expire in five months, I am concerned about my ability to continue working while my renewal application is being processed.

Is it true that I can continue to work since I have timely filed both my H4 transfer and H4 EAD renewal applications? Any clarification on the automatic extension of EAD would be greatly appreciated.

Thank you!

 

[newacct]

Consequently, I have applied for both my H4 transfer and H4 EAD renewal.

You don't need to "transfer" H4 -- your H4 doesn't care about which employer your spouse is working at. However, you need to *extend* your status as your H4 status will expire in a few months.

Is it true that I can continue to work since I have timely filed both my H4 transfer and H4 EAD renewal applications? Any clarification on the automatic extension of EAD would be greatly appreciated.

As far as I know this is not true. Automatic extension of work authorization while the EAD renewal is pending only applies if you have a valid H4 I-94. It may be that your H4 extension of stay will be approved before your I-94 expires in December, in which case you will have automatic extension of work authorization if your EAD isn't approved yet.

If not, one solution is, if you have a valid H4 visa (or if you are a Canadian citizen), you can exit and re-enter the US, presenting your marriage certificate and your spouse's new H1b petition approval. You should be admitted to H4 status with the same expiration as your spouse's H1b. Since you will have a new H4 I-94, you will have automatic extension of work authorization while the EAD is pending.

 

[eio]

You're absolutely right! There's a good chance you can continue working legally based on the automatic extension for EAD renewals. Here's why:

Automatic Extension for H4 EAD Renewal:

US Citizenship and Immigration Services (USCIS) currently has a temporary rule in effect that extends the validity period for certain EAD renewals. As per this rule:

• If you timely filed your H4 EAD renewal application (on or after October 27, 2023 and before September 30, 2025), and
• Your original EAD is still pending renewal,

Then you are eligible for an automatic extension of your work authorization for up to 540 days from the expiration date on your current EAD (which is December 15, 2024 in your case).


Important Points:

• This extension is automatic, so you don't need to apply for it separately.
• Your employer can rely on the receipt notice for your H4 EAD renewal application (Form I-797) along with a copy of your expired EAD as evidence of your continued work authorization during the extension period (within the 540 days).
• It's always recommended to keep copies of all immigration documents for your records.

 

[Naga M]

Hi Eio,
Greetings for the day!!
My Quick question as Spouse H1b got approved till2027 and my H4 & H4EAD expires on sep142024 where I have applied for renewal in time permit and received notice by 13june2024!! As per USCIS temporary new law Oct2023 to Sep2025 Am I eligible for auto extension for work permit? Correct? please respond.

 

[newacct]

Hi Eio,
Greetings for the day!!
My Quick question as Spouse H1b got approved till2027 and my H4 & H4EAD expires on sep142024 where I have applied for renewal in time permit and received notice by 13june2024!! As per USCIS temporary new law Oct2023 to Sep2025 Am I eligible for auto extension for work permit? Correct? please respond.

You do not have automatic extension of work authorization if you do not have a valid H4 I-94. So if your I-94 is expiring, you cannot work beyond that, until your Extension of Stay is approved. However, you can leave the US and re-enter on your H4 visa and a copy of your spouse's new H1b petition, and you should be admitted with a new H4 I-94 until the expiration of your spouse's H1b I-94. Then you will have a valid I-94 which will allow you to have automatic extension of work authorization while your EAD renewal is pending.