Working on H4 EAD While Renewal is Pending

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venkatakalluri4

New Member
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!
 
venkatakalluri4 said:
Consequently, I have applied for both my H4 transfer and H4 EAD renewal.
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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.

venkatakalluri4 said:
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.
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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.
 
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.
 
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.
 
Naga M said:
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.
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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.
 
newacct said:
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.
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If H4 approval is received and H4 EAD(I-765) is pending approval. Then I-94 validity on H4 approval (I-797A) document will make you work as per Automatic extension rules, correct? And then you do not need to travel outside US and get a new I-94, right?
 
I am also in the same boat. H4 and ead both are in pending, I-94 is going to expire in 10 days. H1 petition is approved till 2027. If I travel to Mexico or Canada before that, my I-94 will be updated seems that I can continue working. Correct me? Please respond this post.
 
Hi My wife is working on H4 EAD her H4 &H4 EAD and I94 is expiring on Feb 25 2025. We have filled H4 ,H4 EAD extension along with H1B extension in Nov 2024. Can she continue the work after FEB 25 2025 Since we hv filled H4 & H4 EAD Extension together
 
harpal.iimb said:
Hi My wife is working on H4 EAD her H4 &H4 EAD and I94 is expiring on Feb 25 2025. We have filled H4 ,H4 EAD extension along with H1B extension in Nov 2024. Can she continue the work after FEB 25 2025 Since we hv filled H4 & H4 EAD Extension together
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No she can't work after Feb 25th 2025 unless her H4 and EAD is approved. If your H1 petition and I-94 is approved for future date, you can travel out of country and get her I-94 extended to match yours.
We did the same in december end (got my I-94 extended to match my husband's I-94 which is 2026) and my employer allowed me to work until 2026.
 
@Worried said:
No she can't work after Feb 25th 2025 unless her H4 and EAD is approved. If your H1 petition and I-94 is approved for future date, you can travel out of country and get her I-94 extended to match yours.
We did the same in december end (got my I-94 extended to match my husband's I-94 which is 2026) and my employer allowed me to work until 2026.
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My attorney is telling she can continue the work since we hv filled h4 i94 and h4 EAD extension together also chat gpt n google search is also showing same please refer attached screenshot
 

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Please double check with your attorney.

We checked with both of our employer's immigration team and they said the same thing

According to the uscis , the I-797C can be presented along with :
1. An expiring EAD of the C26 category
AND
2. I-94 form showing unexpired immigration status.

And the employer can only extend the EAD card's expiration date upto 540 days or to the expiration date on the I-94 whichever is sooner.
Check - "Guidance for Employees under Category Codes A17, A18, and C26" on USCIS website
 
As per the attorney uscis rulebook does not mention what will happen if h4 and H4 EAD are filled together before expiry Also if H4 can stay after I94 expiry based on receipt until decision comes
 
I too applied for H4 and H4 EAD on 5th Aug 2024 (and my H4 & EAD is expiring this month end) and it's not approved yet. However since I got my I-94 extended I am able to work.

We can live in US even if our H4 and I-94 is expired based on receipt until decision is made.
 
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.
 
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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Thank you so much for this info. I'm in a similar situation. Could you please tell me what's the source of this information?
 
harpal.iimb said:
This is told by Immigration attorney.
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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.
 
@Worried said:
No she can't work after Feb 25th 2025 unless her H4 and EAD is approved. If your H1 petition and I-94 is approved for future date, you can travel out of country and get her I-94 extended to match yours.
We did the same in december end (got my I-94 extended to match my husband's I-94 which is 2026) and my employer allowed me to work until 2026.
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Visa stamp is expired but my h4 is valid u til may 2025. Extension is pending. Husband’s h1b is approved until 2028. Can I go to Mexico and re enter . Will they update my i94 based on h1b approval notice ? Do I need u expired visa stamp on my passport ?
 
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