My H4 Renewed but H4 EAD is Still Pending: What Are My Work Authorization Options?

If you find yourself in a situation where your H4 status has been renewed but your H4 EAD (Employment Authorization Document) application is still pending, you may be wondering about your work authorization options. In this article, we will explore the automatic extension of work authorization for H4 EAD applications and provide key points to consider.

Automatic Extension of Work Authorization

If you have timely filed your EAD renewal application based on your H4 status, you may be eligible for an automatic extension of your EAD. This extension can last up to 180 days after the expiration of your current EAD, provided that your application is still pending with USCIS (United States Citizenship and Immigration Services).

I-94 Status and Automatic Extension

The automatic extension of your EAD is directly linked to your H4 status. If your H4 status is valid as indicated by your renewed H4 approval, you should retain your eligibility for the automatic extension even if your I-94 (a record of admission to the United States) has not been updated. A valid I-94 is an important document that determines your legal status within the United States.

Documentation for Pending EAD Application

When presenting your case to an employer, it is crucial to provide proof of your pending EAD application and your valid H4 status. Here’s how you can do this:

A copy of your current EAD if you have one; however, if it has expired, you may still be eligible for the automatic extension. A copy of the receipt notice for your pending EAD application. A copy of your H4 approval notice.

Having the right documentation is essential in proving your status and making a strong case for your work authorization rights.

Employer Responsibilities

Employers are required to accept your automatic extension if you provide the necessary documentation. However, some employers may be cautious and hesitant to accept this extension without clear and complete documentation. Therefore, it is advisable to communicate clearly and provide as much information as needed to your employer.

Consult an Attorney

Due to the complexities of immigration law, consulting with an immigration attorney is highly recommended. They can provide personalized advice based on your specific situation, ensuring that you fully understand your rights and can navigate through the process effectively.

Additional Considerations

It’s worth noting that if your Extension of Stay application was approved, you would have received an I-797A approval notice, which includes a paper I-94. Thus, you would have a new I-94. With a valid I-94 and a pending EAD renewal, you can use the expired H4 EAD, H4 I-94, and I-765 EAD renewal receipt to work in the US until 540 days after your EAD expired.

In summary, you may be eligible for an automatic extension of work authorization while your H4 EAD is pending. Maintaining clear communication with your employer and having the appropriate documentation will be crucial in ensuring a smooth and compliant process.