Working on H4 EAD While Renewal is Pending

nehaa87 said:
Thanks so much for your prompt response. Does your wife's i94 valid until later? After checking your response, I just spoke to an immigration attorney today. My i94 is ending 10 days after my H4 will expire, and hence I was told that the automatic extension of EAD is possible only until i94 date. Post that I'll have to wait for H4 status to get updated, and only then can resume work.

I see you mentioned "Once you file a timely H-4 extension before your I-94 expires, you are considered to be in a “period of authorized stay” while your application is pending. This means you are legally allowed to remain in the U.S. until the USCIS makes a decision." - Was wondering if there's any caveat to my situation?

In the past I've received outdated information from immigration attorneys too. So I just wanted to come here and confirm again. I'd appreciate if you can respond whenever possible. Thank you.
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Hi @nehaa87 Let me know if you find any options, I'm in the same boat and EAD is expiring 1-Mar-2025 but H4 and EAD renewal in progress. Hence checking with you and @harpal.iimb to see any options you found.
 
Please discuss to immigration attorney the only condition you are allowed to work if spouse h1b extension along with h4 and h4 EAD are filled in a single bundle before expiry
Unified said:
Hi @nehaa87 Let me know if you find any options, I'm in the same boat and EAD is expiring 1-Mar-2025 but H4 and EAD renewal in progress. Hence checking with you and @harpal.iimb to see any options you found.
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Hi,

My wife's H-4 and EAD will expire in September this year, and we are preparing to apply for an extension. She originally entered the U.S. on an H-1B visa, and her H-1B I-94 is valid until April 2026. Then, she changed her status to H-4 within the U.S. Does she qualify for automatic EAD extension rules? Can she still work when the extension is pending. Thanks
 
newacct said:
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.


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.
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Hi@newacct, I guess pending H4 will be abandoned but do I need to refile H4 EAD once back to the US or that pending H4 EAD still be active and approved.
 
harpal.iimb said:
If your I-94 has expired, but you have filed a timely H-4 extension along with your EAD renewal before the expiration of your current status, here’s how it generally works:


1. H-4 Status:


Once you file a timely H-4 extension before your I-94 expires, you are considered to be in a “period of authorized stay” while your application is pending. This means you are legally allowed to remain in the U.S. until the USCIS makes a decision.


2. EAD Work Authorization:


As of May 2022, the H-4 EAD Automatic Extension Rule provides that if:


• You filed your EAD renewal before your current EAD expired, and


• You continue to maintain your H-4 status (with a pending H-4 extension),


You are eligible for an automatic extension of up to 540 days of your work authorization past the expiration of your current EAD.


This automatic extension is valid as long as:


• Your H-4 status remains pending and unexpired.


• Your EAD renewal application is still pending with USCIS.





Key Points to Check:


• Your receipt notice for the EAD renewal will indicate if you qualify for the automatic extension.


• If your employer requests documentation of your eligibility, you can present:


• Your expired EAD card.


• The I-797 receipt notice for your EAD renewal.


• The I-797 receipt notice for your H-4 extension.





Summary:





Yes, you are eligible to continue working if your situation meets the conditions for the automatic 540-day extension. However, consult an immigration attorney to ensure compliance with your specific circumstances.
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I'm in the same situation and my employer accepted the i797 for h4 and h4 ead. Are we good to stay employee beyond currently until we get approval on h1b,h4?
 
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