The i765 notice of action (i797) sent by USCIS has a general language that you are allowed to keep working for up to 180 days. You may use the Employment Authorization Document (EAD) Automatic Extension Calculator to determine extended expiration dates. I-765 has a generic message about 180 automatic renewals. H4 EAD can open an LLC and do any business. 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 my H4 EAD Receipt? You need to resign, thats the only option. If the employee presented different but acceptable documentation for a lost, stolen or damaged document, you should complete a new Section 2 and attach it to the original Form I-9. The category may appear on Form I-797C in the Class Requested field, as noted in number 3. The Form I-9 instructions direct noncitizen aliens authorized to work whose employment authorization does not expire, such as refugees, asylees, . Reddit is not a substitute for a real lawyer. The 540 days of automatic extension rule is valid until October 26th, 2023. Shifan, If she is still on F1 and valid status, she can. If we will apply H4 EAD now what are the complications expected? Below is the screenshot of the actual 180 days extension policy. So you should be fine. Is it ok to start working with I-9 verification, though H4 EAD Card is lost. 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. 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. Share your thoughts in the comments below. 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. Past results are no guarantee of future results and prior results do not imply or predict future results. 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. (Interfile Cover Letter). Thinking of filing h1 and h4 together with Amendment + Extension application first and then h4 ead after 1 month to satisfy 180 day rule. You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. as noted on the I589 receipt notice. Job Searching for OPT Starting a New Academic Program while OPT Is Pending Traveling while OPT Is Pending Cancelling or Withdrawing Your OPT Application Denials or Rejections of Your OPT Application Receiving Your EAD Card Expand All STAGE 2 STAGE 3 MOVE ON TO STAGE 4 Do you have additional questions about this OPT Stage? You do not need to wait for a physical EAD card (legally called I-766 form) to verify your employment with a US employer. USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 e-Request - USCIS It is to prevent illegal or undocumented workers. (Similarly, if the receipt is for a List C document, and the employee does not provide the actual document, the employee can present a List A document or another List C document instead.). My concern is, whether I should file for H4 EAD extension along with my H1B and H4 right away OR wait till march and only file 180 days before the expiry of current EAD document? This is very helpful! Both the employer and the employee are responsible for completing certain sections of the Form I-9. 2. It talks about I-129 form that you cannot apply before 180 days, thats it. I received H4 extension and H4 EAD USCIS approval courtesy notice last week. The USCIS rep gave me an answer as "YES". If they put it on hold, when they will resume? When can I ask about my case? Where as my H4 i-94 was valid till october 10th. So your employer should require you to show them your physical card like you said. @Cake was your H4 applied in premium along with h1b or was it in regular processing and which service center? If the EAD is returned to USCIS as undeliverable, you can file an e-request using USCISs Self-Service Tools to alert USCIS that you did not receive your card and ask them to mail it to you. Even if you have already applied for the permit, you should wait until you receive the Employment Authorization Document before accepting any job offers. Processing Times - USCIS I am planning to file extension. All rights reserved. The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. USCIS will send a receipt (Form I-797C) within 30 business days confirming they received your application. https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings. It is ideal to file all 3 together in most of the caseshaving said that, you can file it the way you said too, it is your discretion. H4 EAD may work on Renewal Receipt Notice if H4 extension is already approved 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). I did not know the rule and I was under the impression that I can continue to work for 180 days while my renewal application was getting processed. For more information on acceptable documentation for verifying employment authorization and identity please click here. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Can I work on H4 EAD (Renewal Receipt Notice) with H4 approved? Can I use EAD I797c receipt notice to renew driver's license and Deepz, You need to apply for COS only when you are in Status or have valid I-94, otherwise they will deny the COS. My question is, can I just go on leave of absence (or leave without pay) while I am waiting for my EAD to renew and come to my hand? My husbands H1 got renewed (thanks to premium processing). An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Can I work between the receipt notice and approval . You must reverify employees employment authorization when their automatic extension of their employment authorization ends, and no later than the date their employment authorization expires. Reddit, Inc. 2023. The I-9 form requires that employees verify a set of documents that are related to identity, visa status, and work authorization. H1B 2024 Second Round Lottery Results are Out. After Biometrics done? Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. In the past, USCIS was adjudicating the H4 and H4 EADs in premium processing as a courtesy, but this has changed with the new Biometrics process for H4. DHS Announces Modernization of Cuban and Haitian Family Reunification Parole, Your Guide to the September 2023 Visa Bulletin, New Updates for L-1 Nonimmigrant Blanket Visa Applicants, USCIS Announces Completion of Second H-1B Lottery for FY 2024, Petitioners Notified via myUSCIS Online Accounts, USCIS Announces there will be a Second H-1B Lottery to Select Additional Registrations for the FY 2024 H-1B Cap. Its not really clear whether it applies to certain categories only unlike the 180 day extension. You can use this number to track the case status on the USCIS Case Status website. We also use third-party cookies that help us analyze and understand how you use this website. That was intended only as a note to file on time and re-iterate the old rules. Legally, you cannot be employed in US, even without pay. I will be out of status when I am applying but I had h1 in the past. Can you work with EAD receipt notice - Immigration Watch this thread Start a new thread Add a post . My last H4 EAD had expired on Aug 31, 2019. 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. Hi, My current H1b visa expires on November 23rd 2019 and my spouse H4 status is also the same which is Nov 23rd 2019, but my spouse EAD expiration date in Dec 2020 which is more than her H4 expiry date and currently she is working. You also have the option to opt-out of these cookies. Hi, Is there any justification as to why H4 EAD, the C-26 category, is not eligible for the 180 day extension, while others are? I am an H4 visa holder until September 2023. Frequently Asked Questions | Homeland Security So my employer let me work till oct 10th. You're allowed to work but the approval notice isn't an acceptable document to prove that you're allowed to work. Login . In this tough times if we stand together USCIS might consider a temporary relief. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Talk to DSO and also an attorney to be safe. Youcannotwork if your existing H4 EAD card has expired and renewal is in process. any suggestions to keep the employment going? Can i continue to work while I wait for my card to be delivered? After the case is approved, USCIS will send an approval notice and the EAD. Can I work while my Green Card application is processing? Zeva, No, it is illegal. 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. I would return before my H4 expires in September 2023. I am on H4 visa. 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. When did you apply for H4 and H4 EAD? My H4 and H4-EAD are expiring on 12/31/2020 though my husband has a valid H1 till 5/2022. L2 EAD Receipt notice ( I-797C notice of action for form I-765 . Can I stay on the roster, go on leave of absence and get rehired after the approval comes through? Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. It was filed along with H1 transfer in California center, which was later on sent to Vermont center in February (1st). This website and blog constitutes attorney advertising. Guidance for Employees under Category Codes A17, A18, and C26. czur, No covid-19 exceptions. However I am not working at the moment. WASHINGTON U.S. One such lawsuit resulted in USCIS publishing a temporary rule that suspends biometrics for H4 and L2 applicants for two years from May 17th, 2021 until May 17th, 2023. This is a very helpful article. Noncitizens in certain employment eligibility categories who file Form I-765, Application for Employment Authorization, to renew their employment authorization and/or EADs may receive automatic extensions of their employment authorization and/or EAD while their renewal applications remain pending. Nidhi, There is NO special guidance there. Posted on Aug 19, 2013. Accordingly, employees can present Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9compliance until December 1, 2020. If yes, approximately how much time it will take to get H1 with premium processing? Just writing to see if anyone has specific guidance on this USCIS news. No, you can apply now as part of your H1B extension, that is pretty normal. However my current EAD is valid until April 2018. How to Renew Green Card EAD (i765) While i485 Is Pending? If for whatever reason the USCIS revokes this petition, you would not qualify. You can read more at 540 days automatic Extension of EAD USCIS rule. My current EAD is expiring on end of January and I am waiting for my EAD to renew, which could be after January. Rajana, This is grey area. 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. Your future employer may have been confused with H-1B applicant, who can lawfully start working for his/her new employer once the petition by the new employer is properly filed. H4 EAD was also included in that list of eligible categories for the 540-day automatic extension. Please advise what can I do next to rectify the unintentional mistake. As per our opinion, the job should be terminated by the employer and you can rejoin once your get H4 EAD work permit. U.S. How long will it take to get the receipt. What was the conclusion on your question? In this article, we will review the background of H4 EAD automatic extension options, biometrics, and if it is 180 days or 540 days, including some common FAQs. Is there anything stopping me from working for my former employer (outside of the USA) while I have my EAD and I continue to reside in the USA? Can I still stay in the country post my i94 expiry date? Since they are exempt from the cap, the information below does not apply. Enter the receipt number from Form I-797C, Notice of Action, in the Document Number field. Sunny, I did not file anything, it is the users. The H4 EAD automatic extension will end as soon asone of the below threeconditions is met. In such cases, you should complete a new Section 2 and attach it to the original Form I-9. For employees rehired within three years from the date you completed the employees previous Form I-9 and who qualify for this extension, you must complete Form I-9 following the process described above. I have couple of friends who applied after me at same location and got it approved within 3 months. Additionally, any advice found here IS NOT legal advice. Also, if the Received Date is on or before Oct. 26, 2023, the automatic extension period is up to 540 days from the expiration date on the EAD. But later I was put on unpaid leave. I am planning to send receipt notice, and transfer notice along with the application. 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 6 months rule applies for H1Bs. Can she work till aug 2022 or she should wait for new EAD ? package (e.g., a copy of your client's Notice to Appear or entry stamp in a passport). Citizenship & Immigration Services (USCIS) you must provide your mailing address. 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? If the employee does not present the original document for which the previously provided receipt was issued but presents, within the 90-day period, other facially valid and reasonably related documentation to demonstrate his or her identity and/or employment authorization, as applicable, you may accept such documentation. The eligibility categories are published on the, Select A noncitizen authorized to work until; and. Table 2 provides a list of acceptable receipts an employee can show. You can read full info at H4 EAD 180 days Automatic Extension Lawsuit Settlement. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 Scott Legal, P.C. 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? Do update here once you hear anything for community benefit. Read the above article again, all your questions are answered. My employer already reached out to me and is well aware of my situation. It's essential that all employers check that their employees have working authorization for the U.S. If you want to continue working that is the best course of action. I already got paid for the 10 days I worked after expiry of my previous EAD. This date should be on or before the Card Expires date on the EAD. 1. As part of that initiative, USCIS announced a temporary rule that they are increasing EAD automatic extension duration for certain EAD applicants from 180 days to 540 days. But the lawyer has not received any documents until now. 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? Please suggest. But the fedex tracking saying USCIS has received my application. You have to be physically present in the USA to have valid H4 or L2 status and then file the EAD application. March 20, No biometrics. 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. "Asylum Application, Interview, and Employment Authorization for Applicants," Published June 26, 20205 You can use this number to track the case status on the USCIS Case Status website. Please let me know how I can get more information on this. thanks. Can I work on H4 EAD Receipt, Renewal Pending? 180 or 540 - RedBus2US Talk to DSO and then apply for extension. Frequently Asked Questions: Employment Authorization for Asylum Applicants immihelp.com is private non-lawyer web site. ago Matuteg 6 mo. So, you need to have the EAD card in hand to work. You have to stop working the same day the EAD expires unless you are covered under the auto-extension policy. Processing times vary, but can take 3 to 5 months. This temporary increase in the auto-extension period will end on Oct 26, 2023. However, you can't legally work without work authorization from the U.S. government. 5 attorney answers Posted on Jan 18, 2016 No you need the actual work permit to renew your license. This happened with my wife couple of years ago but our lawyers suggested that as long as you have physical EAD card in hand, you are eligible to work. New comments cannot be posted and votes cannot be cast. This page was generated at 09:36 PM. After the case is approved, USCIS will send an approval notice and the EAD. When the receipt expires, your employee must show the employer either Form I-766, Employment Authorization Document or a combination of a List B document and an unrestricted Social Security card. If you have already received your H-4 EAD and your spouses I-140 is revoked, then your employment authorization will remain valid until it expires. Civil Rights Division | IER's Frequently Asked Questions (FAQs) A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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 . 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. Add 540 or 180 days to the EAD Card Expires date, whichever time period is applicable depending on the Received Date on Form I-797C. Should I expect delays in spite of premium processing? PDF EAD Eligibility for Asylum Applicants-as-dg - ILRC

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