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. After the case is approved, USCIS will send an approval notice and the EAD. STEM extension application pending with USCIS. Sunny, I did not file anything, it is the users. Should I expect EAD application to be sent back? Would be helpful if you can share recent updates on your case. How good is to have a 180 days automattic extension if your driver license is expired and you cant drive to work? You can read more at 540 days automatic Extension of EAD USCIS rule. Follow the customer service center operations center has advised to say . 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. The issue is my application both are still in pending status- and its out of normal processing time. ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. EAD expiring soon. https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings. I am sure that USCIS always has a definitive purpose for every thing to do , Well, we dont knowI do not think they have a definite purpose for everything. GUIDE to Travel to US with valid Visa on Expired Passport ? For a better experience, please enable JavaScript in your browser before proceeding. The result of this was a settlement between DHS and the plaintiffs that introduced the automatic extension of H4 EADs that are pending with USCIS for 180 days. 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. Now that you have a background, lets look at the actual H4 EAD automatic extension policy. As I said, it is absolutely fine to apply, many apply H4 and EAD together when they file for H1B extension, no issues at all. As well as replacing pending ead card renewal ead card must fit when can help. 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. Confirmed application receipts, when processsed, will reflect the actual date application was received by USCIS by mail to the USCIS lockbox/center. Usually, you will be in previous status until your COS is approved. F) What can be future consequences on my H4 EAD extensions we apply for ? H4 spouses should have filed H4 EAD renewals using Form I-765 on time before the H4 status expiry. If you can obtain it, enter it on the USCIS. Before we get into details, lets quickly look at the background of the H4 EAD category and how automatic extension came into existence. It may not display this or other websites correctly. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. Can I work while H4 EAD Renewal is pending with USCIS? This provision could delay the ability of some initial applicants to work. I have approved I-140 from 2017, can I claim my H1 with premium processing while on pending status? My spouse H4 EAD is valid till Aug, 2020. Legally, you cannot be employed in US, even without pay. Congratulations and Good luck! 09/01/21: EAD renewal paperwork received by USCIS. Is there no covid-19 extensions? Check the above article again, it has official info on the same. Its taking an average of 90 days to get receipt these days. I have a H1B and H4 valid till feb 2020. Finally, a class action lawsuit was filed in September 2021 by H4 EAD holders for many of these delays and job losses. I am in same situation. Students are advised that if an application has been pending for at least 60 days without a receipt notice to contact USCIS (see guidance below). Applicants with an EAD based on Temporary Protected Status (TPS) who filed their EAD renewal applications before January 17, 2017, already received a 6-month extension through the Federal Register notice that extended their countrys TPS designation. Then I sent $410 for H4EAD application in first week of October 2020 but still no response. Categories Eligible for Automatic Extensions. H4 spouses can work while the EAD extension is in process https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation#citation-41-p26617. Did not receive my receipt notice yet. so i think there is delay on EAD side since I got h4 recpts for kids. Also received a notice that the previous biometrics were being used. February 11, 2021: CIS Ombudsmans Office released a statement: If more than 90 days have passed since you filed a petition/application with USCIS, you may submit a request for case assistance with the CIS Ombudsman, and our office will reach out to USCIS to resolve your issue. Shailee, No, H4 EAD category does not qualify for 180 days extension. Please visit the Temporary Protected Status page for current information on each TPS designation. In the past, there was no automatic extension for H4 EAD. Mine was applied in April this year and H4EAD was expiring on september. My spouse has EAD valid until April 2021. question; does auto extension (540 days from last EAD expiration) is applicable to above situation? If you have questions about the instructions, please contact BIO. If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. Salle Ala Nabi Ye Na Sale Ala Mohammadin Lyrics. Hi, same here, I applied for my EAD on Jan 2nd week, and still no receipt, nor check has been cleared. we haven't received any receipt nor our cheque was cashed. Can I work with my H4 EAD Receipt? Is it ok to start working with I-9 verification, though H4 EAD Card is lost. If your spouses loses his or her H-1B job and falls out of status, there is a 60-day grace period with which a new H-1B job can be acquired. A .gov website belongs to an official government organization in the United States. I did not receive any receipt notice and my checks are also not cashed. The moment you work, your employer has to maintain your I-9 and be compliant. If I don't get any notification till 12/26 can my spouse go forward and apply H4 extension . or are you out of processing time ? If you use Premium Processing right away and USCIS issues an RFE asking for more evidence of your extraordinary ability what are you going to give them? https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses. USCIS appreciates the concerns of commenters and the acknowledgement of the potential projected tax loss stated in the rule. they cashed my both checks on 29th. If a document amends only certain sections within a CFR part, the authority citation for the part will set out as the first numbered item in the list of amendments for the part. I did some research on this and found the following explanation Does it mean that even if I change my employer the my spouses H4-EAD will still be valid till the end of your H-4 EAD validity period which is September 2022. U.S. By browsing our website, you agree to our use of mandatory cookies. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. February 26, 2021: USCIS issues an announcement providing some accommodations for OPT applications facing receipt notice delays (USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT). You can use this number to track the case status on the USCIS Case Status website. When can I expect the EAD Card and Validity will be based on My Husband H1B Period 4.USCIS will process my Extension only after My Husband H1B Extension got approved. Where as my H4 i-94 was valid till october 10th. Do not use abbreviations. When I reached out to USCIS they said due to the current pand ]January 26, 2021: The American Council on Education (ACE) sent a letter to USDHS addressing the OPT/STEM OPT processing delays at USCIS and requesting accommodations. ExpiredH4 EAD Card that indicates relevant category code regarding eligibility. The Notice Date This is the date your Notice of Action was produced. I did not receive receipt notice yet and its been well over 30 days. Can I apply for my H4 EAD Extension with his receipt 2. Is it advisable after my H1B gets approved I can send my wife to India and get H4 stamping and then file her H4 EAD once she is back in USA? This is very helpful! I applied for renewal and the application was applied on 10/28/2020. You may show your employer that document or any other acceptable List A or List C document. Hi All, I m on L1 and have filled L2 EAD for my spouse on 15th Dec, 2020 but I have not yet received receipt for the same nor my money order is en-cashed. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes). 10:00-15:00 (M,T,Th,F) You must stop working as soon as your old card expired. Lavanya, Well, you can apply using the receipt notice. Hi I got my h4 eAD approval And card but not my h4 approval! 2020-05-08 Mailed in I-765 Renewal 2020-05-27 Received the I-797 Receipt notice mailed from USCIS. We are wondering if she can still file OPT extension now to get the 180 days automatic extend before we hear anything on her H4 & EAD decision. Ead Renewal Receipt Notice Not Received. Thanks so much for the response! The rule of thumb is, you cannot work when you do not have status. All renewal applicants who file Form I-765 applications on or after January 17, 2017, including TPS renewal applicants, will be receiving Form I-797 receipt notices that contain eligibility category information and information about the 180-day EAD extension. I am currently working on H4-EAD and had H1 in the past. Stem extension go to make arrangements for all supporting documents were granted automatic work is ead renewal receipt not received notice. If less than 90 days have passed since you filed a petition/application with USCIS, the CIS Ombudsman will close your request. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. Now Ive got my H1B extension approved, but I noticed that the H4 & EAD processing time may take way longer than before, so we are not sure if she can transit from F1 to H4 smoothly without pausing employment. 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. Please check the updated article above. You must need a valid EAD "plastic" card to both continue working and apply for/obtaining a new DL. What was the conclusion on your question? This commenter also questioned why there was no evidence provided to suggest that removing adjudication standards would speed up the adjudication process. Institutional Animal Care And Use Committee. Otherwise, but visas are a totally different process. I submitted by EAD application in Jan 2nd week. EAD rule could have some interaction, and to the extent that there is interaction or overlap, DHS will address such concerns if it finalizes the broader rule. 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. My Case is a bit unique. Does one need to take any specific step to rectify? Do update, if any changes. I understand. Thank you Mr. Kumar. My last H4 EAD had expired on Aug 31, 2019. Once signed in, they will find their corrected receipt notice. 10/25/21: AP renewal NOA and biometrics reuse received in the mail. But the fedex tracking saying USCIS has received my application. As with any adjudication, USCIS posts processing times for these applications so that applicants can understand what to expect. How do the 540 days of automatic extension feel for everyone? HI! Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. Up to 540 days of H4 EAD automatic extension would be given for such applicants, who file for H4 EAD renewals/extensions starting from May 4th, 2022 until October 26, 2023. 3. Deepika, 1. Please let me know how I can get more information on this. Background: H4 EAD Automatic Extension Rule from 2021, H4 EAD Automatic Extension: 180 Days Policy, H4 EAD Automatic Extension increased to 540 Days, I-9 Compliance Documents for H4 EAD holders to use 540 days provision, Travel to USA Processes, Samples, How to Guides, new I539 form for H4 extension/ COS with Biometrics, waiting for H4 and H4 EAD approvals after Biometrics, H4 EAD 180 days Automatic Extension Lawsuit Settlement, 540 days automatic Extension of EAD USCIS rule, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. Please advise. 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. USDHS Guidance for Fall 2020 Continues for Spring 2021 posted December 11, 2020, Fall 2020 USDHS Guidance on International Students July 29, 2020, MIT International Students Office Reduces confusion regarding EAD renewal requirements. Hopefully they process it. At that very moment I decided to stop working and I conveyed the message to my employer. Can I track my application with USCIS once it has been submitted? Another commenter stated that the stated benefits of the rule are achievable with a mere extension of the deadline and DHS has provided no evidence to the contrary. The only time an employer may accept a receipt for a pending EAD would be if the receipt is for a replacement of a lost, stolen or damaged documentnot simply an initial document or a renewal . If your home mail system tends not to be reliable, consider sending it to a trusted friend or family member. has anyone experienced any exceptions with Employers during this COVID situation? 1. Despite that, there were still many delays. Thank you again. My H1B Status is active and Valid till September 2022 and I am in the US I received the H4-EAD for my Spouse which is also Valid till September 2022 since I have an Approved I-140. The applicants EAD eligibility category; The receipt date, which is the date USCIS received the EAD renewal application and which employers must use to determine whether the automatic EAD extension applies; The notice date, which is the date USCIS reissued the receipt notice; and. DHS did not receive comments on this rule from Chief Counsel for Advocacy of the Small Business Administration. Paste as plain text instead, For more information, please visit MITs Privacy Policy page. I filed my application end of Dec. Havent yet received the recepit! SmallRig Mini Matte Box With Stackable Filters Announced. Did u file all 3 applications together? Share sensitive information only on official, secure websites. Thanks a lot in advance. (3) Submit an online inquiry with USCIS to notify them that you have not receive the Receipt Notice or Receipt email/text yet. 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. However I am not working at the moment. As you know there are many times, you see wrong status as well. 180 or 540 Days Extension? This, in addition to the restrictions put in place because of the COVID-19 pandemic is causing significant delays for processing receipt notices. No receipt yet. Rajana, This is grey area. If yes, how long is it taking nowadays? What are my options if H4 EAD doesnt come through on time? We will also send corrected paper receipt notices by mail. Isnt your h4 ead extension dependent on your h1 validity ?. I am an H4 visa holder until September 2023. I applied H1B ext and H4 extension in Dec 2018 in regular processing and got approved in March 2019. Just writing to see if anyone has specific guidance on this USCIS news. Do update here once you hear anything for community benefit. See above official reference in article. Can I work on H4 EAD Receipt, Renewal Pending? Why is there a delay? So my employer let me work till oct 10th. Really good clarity of all the nitty-gritty details on this subject. Powered by Discourse, best viewed with JavaScript enabled. The new receipt notices contain the following information: The applicant's EAD eligibility category. @bharathi in the same situation, h4/ead lockbox processing seems to be slow. Secure .gov websites use HTTPS If you are a renewal applicant and your 180-day automatic extension expired before May 4, 2022, you can still receive the benefit of the temporary increase of the automatic extension period. To request an EAD, you must file Form I-765, Application for Employment Authorization. My H4 and H4-EAD are expiring on 12/31/2020 though my husband has a valid H1 till 5/2022. How long is usually the process for EAD renewal for J2? Uscis receipt notice not ead renewal filing is neat and electronic collection, you proof of the procedure act swiftly in the button below for the ead and such. Yesterday the check status is started showing as deposited. It is to prevent illegal or undocumented workers. Hello, Thanks a lot for this article. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. This site uses cookies to give you the best possible experience. Thanks for great work Kumar. Share sensitive information only on official, secure websites. Students filing applications with USCIS can receive both a text/email confirmation of receipt of application and a paper Receipt Notice from USCIS. The 540 days of automatic extension for H4 EAD would end as soon as a denial decision is made on the EAD application by USCIS or at the end of 540 days from the date of expiration on the EAD Card. I am waiting for receipt notice from 9th November. In this tough times if we stand together USCIS might consider a temporary relief. Did not receive my receipt notice yet. I have a newborn who is only 2 weeks old and doesnt have a passport to travel. Please suggest. Zeva, No, it is illegal. I applied for renewal and the application was received by USCIS on 11/25/2020. 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. Usually mail can take couple of weeks, give it this week. I tried so hard to avoid it. This is really very frustrating Therefore, these applicants will not receive a reissued receipt notice. Records Public DKK Tapestry. Since 2019, as most of you know, after the new I539 form for H4 extension/ COS with Biometrics, there was a huge delay in the H4 processing times. No, you can apply now as part of your H1B extension, that is pretty normal. Any thoughts on this would be highly appreciated. If they put it on hold, when they will resume? Starting February 16, 2017, USCIS began reissuing receipt notices (Form I-797) to individuals who applied to renew their Employment Authorization Document (EAD) between July 21, 2016 and January 16, 2017, and whose applications remain pending in the following categories: On January 17, 2017, USCIS began automatically extending expiring EADs for up to 180 days for renewal applicants in these categories. EAD approval either from the USCIS website or in paper form. thank you for the reply. When did you apply for H4 and H4 EAD? USCIS continues to work hard to minimize delays. To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. Check cashed and SMS received on - 12/23, The case received date is showing as received on 12/01 which is good. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of All posts are moderated, so it will take time for your post to appear! One of the main reasons OPT EADs are lost is because students do not update their address with USCIS in a timely manner. The USCIS Phoenix Lockbox received the package on 12/03/2020. However, some of the content may still be useful, so we have archived the page. so I think I will be getting the receipt notice by next week or I may be able to find it once the credit card transaction is posted. My husbands H1 got renewed (thanks to premium processing). I am in similar boat. Can We travel out of the US? Hi Kumar I have my h1b till Aug 2023 my current project will be getting over on 11/10/2022 and my employer will not keep me beyond that dat.Recently my h4 and h4 ead got expired on 8/9/2022 can i apply for Cos H1 to H4 and start working in the grace period. Getting the OPT permit can take up to three months. Once the card expires, she need to stop working. The receipt number of your spouse's most current Form I-129 extension of stay. Please discuss with your H1B attorney, if you need confirmation. If yes, approximately how much time it will take to get H1 with premium processing? --> If I continue to work without my receipt notice, will that have any implications on my Green Card? Nato member embassy in love with all these steps and not ead or any alternate isss; HR representative before traveling out of the country. If they are willing to do it. You will be contacted by the HR Operations Center if you are being selected for a position. The H4 EAD automatic extension will end as soon asone of the below threeconditions is met. Primary H1 somehow got an extension with premium processing. This page was not helpful because the content: (a)(8) Citizen of Micronesia, Marshall Islands, or Palau, (a)(10) Withholding of deportation or removal granted, (c)(9) Pending adjustment of status under section 245 of the Immigration and Nationality Act, (c)(10) Suspension of deportation applicants (filed before April 1, 1997), cancellation of removal applicants, and special rule cancellation of removal applicants under NACARA, (c)(16) Creation of record (Adjustment based on continuous residence since January 1, 1972), (c)(20) Section 210 Legalization (pending Form I-700), (c)(22) Section 245A Legalization (pending Form I-687). As per the USCIS policy alert, below is how the 180-day automatic extension works. The 540 days of automatic extension rule is valid until October 26th, 2023. 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. How to Apply for H4 EAD? Any valuable suggestion with links will help me here. Even dropped an email to lockbox support bt havent received any response. Deepz, You need to apply for COS only when you are in Status or have valid I-94, otherwise they will deny the COS. You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. Phone: 617-253-3795 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. AILA - USCIS Provides Update on Receipt Notice Delays for Forms Filed with current forms, filing instructions and fee guidance. Generally, the text/email confirmation (if requested when filing the application) is normally received within 7-10 days of filing the application.