These cookies will be stored in your browser only with your consent. Thanks a lot in advance. Set up a one-hour consultation with us before acting on anything you read here. Asylum seekers who filed their initial work authorization applications on or after August 21, 2020 will no longer be guaranteed that USCIS will process their application within a specific timeframe.4 B. L2 EAD holders whose category code is A(1)(8) can work now just by using their L2 i94. H4 Validity : 02/2020 H4 EAD Validity : 08/2020. Usually friends around here apply leave a day before expiry for a month and keep extending the leave until it is renewed. I am planning to send receipt notice, and transfer notice along with the application. But if your employer says you're ok, then that's their problem, not yours. NOTHING has changed. . On August 19, 2020, the United States Citizenship and Immigration Services (USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail. : The information provided may be used by and disclosed to DHS personnel and contractors or other agents who need the information to assist in activities related to your inquiry. I am in similar boat. Same here, both H4 and EAD arw getting expired in August, renew applications are in pending status , can I continue in my work? Can I Work with EAD Approval Notice? czur, No covid-19 exceptions. Within 90 days, the employee should show you the replacement document for which the receipt was given. You will need the physical EAD as evidence of your authorization to work in the U.S. If a person's H-1B is subject to the cap, and if that person's OPT expires before September 30, the time in between the EAD expiration and October 1 is called the "cap gap." Finding Information on Form I-797C: Sample B. Automatic Employment Authorization Document (EAD) Extension Employment Authorization for Certain H-4 Dependent Spouses Now, it is slightly grey areaIn H1B case, you can work as you applied before expiry upto 240 days Now, H4 it not clear. check out the. E) If USCIS cancel/reject(not process) our new H4 EAD application for extension if we apply now, and if they do, will I be able to re-apply that again on the desired time, that is before 180 days of expiration of my current EAD. Can I still work?? H4 EAD may work on Renewal Receipt Notice if H4 extension is already approved. Processing times vary, but can take 3 to 5 months. Employees with EADs with category codes A17, A18, and C26 require additional documentation supplementing the Form I-797C, Notice of Action, to show that the EAD has been automatically extended. Those who file their application after Oct. 26, 2023, receive an extension of up to 180 days. Can H4, L2 EAD Work on Receipt (180-540 Day Extension?) - USA - AM22Tech Secure .gov websites use HTTPS H4 EAD Receipt notice( I-797C notice of action for form I-765) that has relevant class requested stated as from the above list of codes in the previous section. Can I work on H4 EAD Receipt, Renewal Pending? The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. You definitely cannot work without EAD card validityI suggest you speak an attorney and clarify this.. My H4 visa and EAD is expiring on April 29th. I tried so hard to avoid it. Set Up A Consultation info@legalservicesincorporated.com , Disclaimer, Terms of Use & Privacy Policy. Is there anything stopping me from returning to my home country to work for this employer for 10 months? As per our opinion, the job should be terminated by the employer and you can rejoin once your get H4 EAD work permit. Compare the 540-day or 180-day auto-extended date to the Form I-94 end date. I have changed jobs last September and had the new employer apply for H1B, H4 and EAD for my spouse together. DHS updated its H4 EAD Policy and introduced 180 days Automatic Extension for pending applications with USCIS. The eligibility category on the front of the employees EAD must have the same eligibility category as on the employees Form I-797C, Notice of Action issued for the corresponding EAD renewal application. Yes, you can. I will be out of status when I am applying but I had h1 in the past. Nidhi, There is NO special guidance there. Read the above article again, all your questions are answered. Share sensitive information only on official, secure websites. or do we have to wait until she get the EAD card ? This is very helpful! Employers Beware: Employment Authorization Extension Receipts Can I am on pending H4/H4Ead status applied back in July 2020. Some of the attorneys say I cannot work as H4 is going to expire but others say I can work as H4 EAD is valid and the H4 extension is in progress. Its not really clear whether it applies to certain categories only unlike the 180 day extension. TPS-related employment authorization, by itself, does not authorize a nonimmigrant student to drop below twelve credit hours, or otherwise . I see there isnt any clear explanation about this as it only says that I will have to maintain my H1B Status as the H4 & H4-EAD is purely depended on my H1B Status. We have great news for our readers. ago I again started working on Oct 17, 2019 when I got my renewed EAD. An automatic extension of employment authorization and/or EAD validity depends on these eligibility requirements: If an employee is eligible for the automatic extension, acceptable proof of employment authorization and/or EAD validity during the automatic extension period includes: an EAD that appears expired on the face of the card presented with a Form I-797C, Notice of Action, that shows a timely filed EAD renewal application in the same employment eligibility category as the EAD. Please note that if you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765, together with your expired EAD, will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period. But the fedex tracking saying USCIS has received my application. USCIS will interpret regulation8 CFR 274a.13(d)to give an automatic extension of H4 EAD (filed underEAD Category Code (c)(26)) for up to 180 days based on the below conditions. employment authorization once their asylum applications have been pending for 365 days. Please let me know how I can get more information on this. Can I work between the receipt notice and approval notice? Published By Law Offices of Jacob J. Sapochnick, USCIS Adopts NEW National Interest Waiver Eligibility Standard in Matter of Dhanasar, Tourist Visa Applicants: Common Pitfalls to Avoid During the Application Process. I have couple of friends who applied after me at same location and got it approved within 3 months. Before we get into details, lets quickly look at the background of the H4 EAD category and how automatic extension came into existence. All the old rules apply. Shailee, No, H4 EAD category does not qualify for 180 days extension. The filing date (the date USCIS received the application) appears in the Received Date field, as noted in number 2. Federal Register :: Employment Authorization for Ukrainian F-1 The eligibility categories are published on the, Select A noncitizen authorized to work until; and. Complete Guide. Deepika, 1. Accepting a second receipt at the end of the initial receipt validity period is not allowed. Stage 3: Waiting for OPT Approval - University of California, San Diego Employees may present this List A receipt to show evidence of identity and employment authorization. My H4 EAD is expiring on December 21, 2020. Secure .gov websites use HTTPS No appointment/no offices open for H4 Biometrics during lockdown. Zeva, No, it is illegal. Ipsingh, Thanks for pointing it out. So, you need to have the EAD card in hand to work. If for whatever reason the USCIS revokes this petition, you would not qualify. There were a lot of delays with the H4 EAD processing after the introduction of Biometrics for H4 Extensions or Change of Status. 2023 AM22Tech| Please discuss with your H1B attorney, if you need confirmation. What does this processing time mean? USCIS 240-Day Rule Stay in US after i94 Expiry (H1B, H4, B1/B2 Extension). There are no restrictions on the H4 EAD job.You can do any type of job like Walmart sales executive, insurance agent, drive Uber, or IT consulting. Thats why I am little worried. Those who file(d) their applications on or before Oct. 26, 2023, receive an extension of up to 540 days. PDF CHECKLIST TO APPLY FOR A REPLACEMENT EAD CARD - Carnegie Mellon University Meanwhile, while waiting on the extension approval, I applied my wifes H4 EAD renewal (going to expire on March 2019) based on H1B & H4 receipts in Feb 2019. Not affiliated with any government agency. Contact Us, H4 EAD will get an automatic EAD extension up to 180-540 days, How to file H4 EAD, Documents, Form i765 (New / Renewal Process), i94 Extension after Passport Renewal (3 Options), Send New H4 i94 to USCIS for EAD Auto Extension? These employees must present a Form I-94, Arrival/Departure record indicating unexpired nonimmigrant status (E-1, E-1S, E- 2, E-2S, E-3, E-3S, H-4, L-2 or L-2S), along with a Form I-797C, Notice of Action, that shows a timely-filed EAD renewal application stating the Class requested as (A17), (A18), or (C26), and the EAD that appears expired on the face of the card as having been issued under the same category (that is, Category A17, A18, or C26). In general, you can work up to 180 days, while your H4 EAD is pending if you meet all the other general requirements. Until what date is it reasonable to wait (& hope) that H4 EAD might come through on time? For a period of time after your EAD expiration date, you can continue working by showing your employer your TPS EAD with the I-797C receipt notice (showing that the government received your EAD . It was filed along with H1 transfer in California center, which was later on sent to Vermont center in February (1st). Do you have any insights on this solution? OR Do I need to file a new H4 EAD Application and wait for its approval & Card again. He also provides legal support and representation in family sponsored immigration matters.more >>, On December 27, 2016 in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) handed down a groundbreaking decision which has changed the analytical framework for determining eligibility of national interest waivers. For a current employee whose employment authorization and/or EAD has been automatically extended and who presents a Form I-797C, Notice of Action, you must enter the appropriate automatic extension expiration date in the Section 2 Additional Information field. In other words, individuals can now provide employers with the I-797 Notice of Action, receipt of approval of the Form I-765 Application for Employment Authorization, in order to qualify for lawful employment. This is for I-9 compliance, employer cannot accept what you see on the USCIS website as official documents. USCIS allows Using EAD Approval Notice to start Employment - AM22Tech In the Expiration Date field, enter the date that is 540 days from the Card Expires date on the EAD if the Received Date on Form I-797C is on or before Oct. 26, 2023, or the end date of the Form I-94, whichever is earlier. Well, at least for the eligible ones, it gives an option to work.something is better than nothingcan pay for Uber and go to workJust see the brighter side of it . You will need the physical EAD as evidence of your authorization to work in the U.S. Archived post. https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses. I called USCIS on Mar 5,'18 and explained my case that I have a valid extension already approved on my H4 visa along with the primary H1B visa (Both expire in 2022). 3. You can use this number to track the case status on the USCIS Case Status website. H4 EAD validity: March 25 2021 I765 validity: March 25 2021 H4 I94 expired on: Jun 12 2020. I have applied for renewal and got the receipt but they are saying it will take more than 3 months for them to issue the EAD @ Texas Service Center. Questions? New employees presenting an EAD that has been automatically extended must complete Section 1 as follows: In Section 2, in the List A column, the employer must: For automatic extensions of up to 540 days (which reflects a temporary increase to the normal automatic extension of up to 180 days), the employer should enter EAD EXT in the Additional Information field and may keep a copy of the USCIS webpage describing the temporary extension of up to 540 days with the employees Form I-9. The category may appear on Form I-797C in the Class Requested field, as noted in number 3. Appreciate it. Replacement cards are not expedited. My spouse H4 EAD is valid till Aug, 2020. Citizenship & Immigration Services (USCIS) you must provide your mailing address. You cannot file for a renewal EAD more than 180 days before your original EAD expires. A) What can be the maximum consequences/disadvantages/implications if we apply H4 EAD extension along with my H1B and H4 extensions? However my husband has valid h1 till 2023 and since I had applied H4 EAD after h1b approval, my EAD is also valid till 2023. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 Scott Legal, P.C. Thinking of filing h1 and h4 together with Amendment + Extension application first and then h4 ead after 1 month to satisfy 180 day rule. For new or rehired employees who received an automatic extension that expired before May 4, 2022, and whose employment authorization and/or EAD validity resumed on May 4, 2022 as a result of the temporary increase in the automatic extension period to up 540 days, employers should follow the process applicable to new or rehired employees described above. First, you should understand what you can do while on a temporary visitor visa and what []. If you file a renewal Form I-765 between May 4, 2022 and October 26, 2023, your receipt notice will show information about the 540-day extension. Like this thread 0 0. After the case is approved, USCIS will send an approval notice and the EAD. My employer seems to think it is fine and the immigration specialist in my workplace has said it is ok but I always thought we had to have the physical card? Thanks, Please Advice. Share sensitive information only on official, secure websites. Any update on working for some days after H4 EAD expiry? Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. You should consult with an immigration attorney before taking any action. It is a general practice to apply for H4 and H4 EAD along with H1B extensions, so nothing to worry, go for it. As per the regulation, up to 540 days of the EAD automatic extension would be applicable for all eligible EAD holders, who currently get 180 days of automatic extension. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Employment Authorization for L-2 Spouses based on Status ago Matuteg 6 mo. My EAD is expiring this March. M. myladoor Registered Users (C) May 30, 2002 #2 No Title It talks about I-129 form that you cannot apply before 180 days, thats it. Each case is different and must be judged on its own merits. Need more immigration updates? Once the card expires, she need to stop working. The USCIS rep gave me an answer as "YES". Enter the word Receipt followed by the document title in Section 2 under List A, B or C, as applicable. On August 19, 2020, the United States Citizenship and Immigration Services (USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail. You can track it on the USPS website. You can talk to your employer and attorney to check if they are okay with letting you go on a leave of absence while your EAD card renewal is pending. We also regularly publish articles in this blog so that we can share that information with you. Civil Rights Division | IER's Frequently Asked Questions (FAQs) However, this is not always possible due to document delays, changes in status, or other factors. ExpiredH4 EAD Card that indicates relevant category code regarding eligibility. Below is the list of documents that employers need to use for I-9 compliance and avail of the 540 days automatic extension rule for H4 EAD holders : You can work on the H4 EAD receipt notice, only if you filed for H4 EAD renewal and you are in proper H4 status. You also have the option to opt-out of these cookies. Official websites use .gov Can I apply for H1B after the current H4 expires? Lawful permanent residents may present this List A receipt instead of their Form I-551, permanent resident cards to show evidence of both identity and employment authorization. Youcannotwork if your existing H4 EAD card has expired and renewal is in process. Follow us there. Save my name, email, and website in this browser for the next time I comment. After your EAD application is filed, USCIS will first issue a receipt notice with the receipt number. One thing that is still not clear to me is If an unexpired i94 is needed to continue working on the H4 EAD receipt? Can I Work with EAD Approval Notice? - Stilt Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. If not, please let me know what can I do to start working? U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor's or higher degree in a specific specialty that is directly related to the H-1B position. Did u file all 3 applications together? In general, USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. My last H4 EAD had expired on Aug 31, 2019. Automatic 180-day extension allowed by USCIS. Many people ask the question if they can keep working based on the H4 EAD extension receipt even after the current one has expired for a couple of days. I would return before my H4 expires in September 2023. At that very moment I decided to stop working and I conveyed the message to my employer. I have a newborn who is only 2 weeks old and doesnt have a passport to travel. While waiting for renewal which is going to be delayed, Can I go on unpaid leave until then or I have to resign from my job? Can you work with EAD receipt notice - Immigration You do not need to wait for a physical EAD card (legally called I-766 form) to verify your employment with a US employer. You may try that option anytime. Immigration and Business Law Counsel for Investors & Entrepreneurs 2 Park Avenue, Floor 20, NY, NY 10016 (212) 223-2964 Ian E. Scott Attorney Advertising New York Lawyer Set Up A Consultation info@legalservicesincorporated.com Disclaimer, Terms of Use & Privacy Policy. B) Can USCIS reject the H4 EAD and take application fees OR send RFE OR put our H4 EAD case on hold? However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. My employer already reached out to me and is well aware of my situation. Should I expect EAD application to be sent back? Current employees who require reverification can present Form I-797 Notice of Actionas proof of employment authorization under List C. We believe this is a step in the right direction and hope that USCIS can quickly and efficiently resolve the EAD backlogs as soon as possible. USCISannounced in March 2022its goal to streamline the overall processing times and reduce the backlogs for all types of applications by end of FY 2023. One thing I notice is that, when I check my case at USCIS site, I dont see my case updated even though I got my approvals in March. Can I work with my H4 EAD Receipt? You cannot work on the H4 EAD receipt or an approval status on the USCIS website unless you have the valid H4 i94 which allows you the interim auto extension. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew But the lawyer has not received any documents until now. Just to give you more context: I have requested immigration team to apply EAD extension along with my H1B & my wife H4 extension and they said your spouses EAD card expires more than 8 months from today, so it is still too early to initiate the EAD renewal. Yes, thats better idea, if you can. I work at a small firm who are not aware of H4 EAD related situations and I want to abide by law and not work during the entire time in between. However I am not working at the moment. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time. You can check USCIS H4 Processing times to get an ideabut, that is just approximate 2. Harsha, In fact, there is no rule telling that EAD has to be applied only 6 months before expiry, it is usually done around 6 months timeframe as practiceso, hard to say. Thank you very much. At that point, your only option is to apply for a new EAD. We also use third-party cookies that help us analyze and understand how you use this website. Since the emergence of the Coronavirus outbreak, there has been significant delays affecting the production of certain Employment Authorization Documents also known as EAD cards, which permit an applicant to obtain lawful employment in the United States, a drivers license, and other important documentation such as a Social Security number. Depending on the Received Date on Form I-797C, enter the appropriate date (either 540 days or 180 days from the Card Expires date on the EAD) as the expiration date of employment authorization. 2. Immigration attorney at the time didnt state EAD has to be applied only within 6 months to us. has anyone experienced any exceptions with Employers during this COVID situation? The extension begins on the date the EAD expires and generally continues for up to 540 days or up to 180 days as applicable, unless USCIS denies the renewal application. EAD approved, but card not received. Can I work??? - Trackitt As of January 17, 2017, employers must review the EAD receipts for the filing of Form I-765 extensions to find the extension of work authorization category to determine if the receipt alone . How long will it take to get the receipt. Guidance for Employees under Category Codes A17, A18, and C26. This receipt is valid for 90 days from date of hire or, for reverification, the date employment authorization expires. 1. Do I need to provide approval copy for H4 in order to process EAD for my wife or does USCIS will get it from their internal records? I just applied for H1b extension in premium processing along with H4 extension and H4 ead extension and my H1b has been approved till May 2021, I am still waiting for my spouse H4 and H4 Ead to be approved. In the past, when H4 EAD was introduced, there was no concept of an automatic extension period for pending H4 EAD applications with USCIS. 2. Despite that, there were still many delays. This biometrics process delayed the H4 EAD processing times as well. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. | Updated on May 25, 2023 At a Glance: Working in the United States is possible, but only with the proper documentation. After 18 months starting from May 4th, 2022, which is from October 26, 2023, the automatic extension duration for H4 EAD EAD would revert back to 180 days. For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation. The H4 EAD automatic Extension in general is 180 days. PDF EAD Eligibility for Asylum Applicants-as-dg - ILRC The note should explain the reason documentation other than the replacement document was presented for example, document delays, changes in status, or other factors and the employer should then sign and date the note. I have still not received my receipt number. It means that, if you file for H4 EAD renewal after Oct 26th, 2023 you will only get 180 days of automatic extension. What is H1B Registration Process? The receipt number appears on Form I-797C, Notice of Action, in the Receipt Number field, as noted in number 1. Any such rule for H4EADs. The moment you work, your employer has to maintain your I-9 and be compliant. The Lists of Acceptable Documents is on Form I-9. She can work until the expiry date, after that cannot. Can I file H1 while I am in status (before H4 expires) You see any issues here? Can I stay on the roster, go on leave of absence and get rehired after the approval comes through? This receipt is valid for 90 days from the date of hire (meaning, first day of work for pay) or in the case of reverification, 90 days from the date employment authorization expired. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com.

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