As most of the readers of my blog are aware, spouse of a H1b beneficiary is eligible for H4 EAD (Employment Authorization Document) if the H1b beneficiary has an I-140 approved or if employment based permanent residence process has crossed the 365 days mark. H4 EAD premium processing is available if a H-4 spouse files for the H4 EAD application along with the H1b petition of H1b beneficiary. Typically, this is filed with a H1b extension or H1b transfer. H4 EAD processing time has been increasing over the last few years and so you are better off filing for the H4 EAD application as soon as possible. USCIS recommends filing the H4 EAD renewal within 180 days of expiration date.
To address the processing delay USCIS had announced around November 2021 that a H4 spouse who timely filed for H4 EAD extension (means prior to the expiry of current H4 EAD), was eligible to work for 180 days based on the H4 EAD receipt notice as far as the H-4 spouse had a valid I-94 for those 180 days period. So even if the H4 spouse had an I-94 valid for 3 years the 180 days extension rule gave work authorization only for 180 days. If the H4 status was expiring within 180 days, then the work authorization also was cut short. Take for example someone’s H4 EAD expired on August 15, 2023, and a timely H4 EAD extension was filed. The H4 I-94 is valid till November 15, 2023. In this case the H4 spouse can work based on receipt notice only till November 15, 2023, and not till February 14, 2024(180 days). Basically, the work authorization can never exceed the I-94 validity. Sometimes instead of waiting for the H-4 extension approval and get an I-94 it might be a better option to leave USA and re-enter and get a new I-94 if your H1b spouse has an I-94 for extended period. After H4s are being adjudicated with H1bs when you file for premium, this option may not be required but one can still exercise this option if one has not filed for H4 along with H1b.
Around May 2022, USCIS came with another guidance which said the 180 days extension based on H4 EAD receipt notice is eligible for 540 days extension till October 26, 2023. But again, one should understand that this 540 days extension is possible only if the H4 EAD applicant has an I-94 valid for 540 days.
To avoid any delay, make sure that you file for the H4 EAD application with the correct service center and enclose the following. Use this as a H4 EAD checklist.
- Form G-1145
- Form I-765
- 2 Passport size photos
- Copy of current I-94
- Copy of passport
- Copy of most recent H4 approval notice / H4 receipt notice
- Copy of prior EAD card
- Copy of marriage certificate
- Copy of H1b approval of spouse
- Copy of 140 approval of spouse
- Copy of spouse’s passport
- Copy of spouse’s pay slips
We hope you find the above article useful in applying for the H4 EAD and understanding the H4 EAD 180 days extension rule which can be very trick to understand.
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