Extension of EAD for H-4 and EAD for L-2 - Not the Best Settlement

I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.

USCIS will interpret 8 CFR § 274a.13(d) such that certain H-4 nonimmigrants who timely file their I-765 EAD renewal applications and continue to have H-4 status beyond the expiration date of their EAD qualify for the automatic extension of their (c)(26)-based employment authorization and EADs. Such auto-extensions terminate the earlier of: the end date of the individual’s H-4 status as noted on Form I-94, the approval or denial of the Form I765 EAD renewal application, or 180 days from the “Card Expires” date on the face of the EAD. 

The provisions for L-2 holders are satisfactory to begin employment, except you might need a state ID or driver's license to start working. But their extensions have the same issue as does the H-4 EAD auto-extension.

Let us see what the USCIS officially announces. The devil is in the details.

 

Immigration Law

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Parag Parekh (not verified) on Wed, 11/17/2021 - 08:35 Permalink

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

There is no new bill, just a policy clarification.  And, yes, she will have to wait per the law.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Neha (not verified) on Fri, 12/10/2021 - 07:30 Permalink

1 ) My husband current company filed his H1b extension and it got approved till may 2025. We filled my h4 extension and H4EAD extension with his h1 b extension and it is under process. 2) Now My husband planning to switch job. He will switch job after his H1 transfer is approved. We will file new H4 along with his h1b transfer. 3) Wanted to check with you if there is an impact/concern on my current h4 extension application and H4 Ead extension if My husband switch job.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

These types of cases have been a difficult conundrum for us. Typically, when an employee leaves, their employers are required to withdraw the H1B. Unfortunately, along with that the H-4 and the H-4 EAD also revoked by the USCIS. In cases where the H1B extension is already approved, your H-4 should be secure, but I would want you to discuss this with your lawyers and figure out the best step forward.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by mahi (not verified) on Wed, 08/31/2022 - 10:17 Permalink

Recently we filled H-1B, H-4, and h4 EAD extensions before they expired. My H-1B got Approved under Premium Processing. Now we are waiting for H4 and H4EAD extensions. So my concern is can my wife, under the condition of expired H4 status eligible for 180 days of automatic extension? Please answer me.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Fri, 09/09/2022 - 12:03 Permalink

If I understand you correctly, your concern is either about the ability to work or the ability to work when extensions of H-4-EAD are pending.

If an extension is timely filed, your spouse can stay in eth US as long as the extension is pending. This is referred to as the "authorized period of stay." However, if the I-94 has expired, there is no grace period to continue working.

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