We will be sure to update if USCIS issues any actions they will take. Isnt your h4 ead extension dependent on your h1 validity ?. All posts are moderated, so it will take time for your post to appear! If you still will be eligible for work authorization after that date, you should file for a renewal EAD by submitting another Form I-765. If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you have an account, sign in now to post with your account. My Husband has filed an extension for his H1B and my H4.He got the receipt in March. If you paid by personal check, review your bank account (usually available on your bank account online portal) for a scan of the back of the check. Should I expect EAD application to be sent back? Secure .gov websites use HTTPS The H4 EAD automatic Extension in general is 180 days. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chartabove. The computer workday counts all regular workdays except weekends and holidays. Hello Kumar, Thanks for the detailed write-up. February 18, 2021: USCIS released an update on processing receipts of long-pending I-765 applications. Students that do not receive the receipt notifications from USCIS during the expected time are advised to contact USCIS directly. NOTE: Individuals with a TPS-based EAD may receive an automatic extension of their EAD: NOTE: F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for thetemporary increaseof the automatic extension period under thetemporary final rulepublished on May 4, 2022. My H4 EAD expired during lockdown. Additionally, any advice found here IS NOT legal advice. I filed my application end of Dec. Havent yet received the recepit! USCIS has dedicated as many resources as practicable to these adjudications but continues to face an increasing asylum application backlog, which in turn increases the numbers of applicants eligible for pending asylum EADs. And is there anyone else facing the same issue? Can I still work?? But, you need to submit the approval, if asked by the officer. But, in general terms as per our lawyer, H4 EAD gets approved only when H4 is approved. All Rights Reserved. STEM extension application pending with USCIS. Do update, if any changes. 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. Can I work while H4 EAD Renewal is pending with USCIS? You can check USCIS H4 Processing times to get an ideabut, that is just approximate 2. 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. usually with in a week or so we should get the receipt number. When you request OPT, you have to indicate what you would like your EAD start date to be. Being able to be weakened by the income requirements if i mail those proposals are also allowed, ead renewal receipt notice not received your full compliance group helped you. I have approved I-140 from 2017, can I claim my H1 with premium processing while on pending status? 10/25/21: AP renewal NOA and biometrics reuse received in the mail. After Biometrics done? Lavanya, Well, you can apply using the receipt notice. 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. (5) If all actions taken above do not result in receiving a receipt notification within 90 days on a pending application received by USCIS, individuals may file a Case Assistance Form with the CIS Ombudsmans Office who will reach out to USCIS for status updates for the application. EAD approval either from the USCIS website or in paper form. Hopefully they process it. Still waiting for the receipt. 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. If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. Is there anything stopping me from returning to my home country to work for this employer for 10 months? Just wait and hope good ! USCIS cannot predict with certainty how LIFO and other administrative measures, as well as external factors such as immigration court backlogs and changes in country conditions, will ultimately affect total application volumes and the attendant resource burdens on USCIS. Thanks a lot in advance. This, in addition to the restrictions put in place because of the COVID-19 pandemic is causing significant delays for processing receipt notices. But later I was put on unpaid leave. 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. Read the above article again, all your questions are answered. 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. However, DHS has published a temporary final ruleincreasing the extension period. (4) If a receipt notification has not been received from USCIS within 60 days of delivery, individuals may email the USCIS Lockbox Support Team (lockboxsupport@uscis.dhs.gov) to request an update on the status of the application. I would return before my H4 expires in September 2023. You must stop working as soon as your old card expired. --> Will I be out of status after 03/18/2021? Hi, same here, I applied for my EAD on Jan 2nd week, and still no receipt, nor check has been cleared. However I am not working at the moment. 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? Can my spouse continue to work on her H4 ead as the expiry date is till Dec 2020 or doe she have to wait for the new H4 and H4 ead to be approved and then work? October 12, 2021: The CIS Ombudsmans Office has posted a USCIS Contact Center Tip Sheet to provide guidance on how best to utilize the USCIS phone and online help tools. So, you need to have the EAD card in hand to work. Also, update here for community benefit. This biometrics process delayed the H4 EAD processing times as well. Thank you very much. Is there any way to contact them or is it normal during this time that theres some delay? --> Will I be out of status after 03/18/2021? GUIDE to Travel to US with valid Visa on Expired Passport ? Ari Sauer and do not necessarily reflect the opinions of Siskind Susser. I have applied for renewal on 01/12/2021. Work Permit, can be filed after USCIS receives your application. 26 Jun 2022 Visa & H4 EAD expired (travelled to India) 17 Aug 2022 got H4 visa till 2025 applied to EAD renewal 10Jan2023 EAD receipt received (not approval) 17Jan2023. DHS did not receive comments on this rule from Chief Counsel for Advocacy of the Small Business Administration. We discourage you from updating your address until after your EAD card arrives. Is there anyone who got a receipt? 180 or 540 Days Extension? Now it is fully updated. It may not display this or other websites correctly. No updates. You can also request an update in person. SmallRig Mini Matte Box With Stackable Filters Announced. Usually, you will be in previous status until your COS is approved. I am on pending H4/H4Ead status applied back in July 2020. I tried so hard to avoid it. Usually H4 status and EAD expire at your I-94 expiration. As you know there are many times, you see wrong status as well. Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. No updates for me. My last H4 EAD had expired on Aug 31, 2019. Please urgently reply. Can We travel out of the US? I got the H4 EAD receipt dated March 09, 2019. So you should be fine. 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. If you receive an RFE, the case status will be updated to show that you were sent an additional notice explaining how you need to respond. Upload or insert images from URL. . Hi, My current EAD (I-765/I-131)is expiring on 03/18/2021. Did your approval came through? Several commenters stated that the true intent of the proposal is to serve as deterrent for asylum applicants seeking protections in the United States. The USCIS Phoenix Lockbox received the package on 12/03/2020. Please suggest. They have not received any receipt notice either, should they call USCIS to follow up? It is better to resign the job. Any such rule for H4EADs. Otherwise, but visas are a totally different process. Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or. Rajana, This is grey area. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. or do we have to wait until she get the EAD card ? Thats why I am little worried. Thanks. It is a glitch at the end of USCISs system when H4 is delayed even after H4 EADs arrival. 77 Massachusetts Ave (Mailing Address) Notice of Action at the top and the receipt number should be clearly visible. Unemployment and Crime: Is There a Connection? Even dropped an email to lockbox support bt havent received any response. Effective May 4, 2022, DHS is temporarily increasingthe extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The commenter stated that DHS must provide further analysis germane to EAD applications from defensive asylum applicants. Really good clarity of all the nitty-gritty details on this subject. The Lockbox has recently experienced a significant increase in filings. It is surprising to me that filled date is when USCIS started processing, and not stamp date. Check the above article again, it has official info on the same. Mine was applied in April this year and H4EAD was expiring on september. Yes, usually they look for H4 approval and validity to issue EAD. USCIS PO Box 21281 phoenix, AZ 85036 previous years we filed at Nebraska service center but this time we sent to USCIS phoneix lockbox becasue we did not see any nebraska center listed to send the application. Immediate confirmation that USCIS has received the form instead of. So my employer let me work till oct 10th. 1- Did you need to pay a fee for this application? This category is the most important thing that determines your ability to work with pending H4 EAD receipt or get automatic extension. Its not really clear whether it applies to certain categories only unlike the 180 day extension. Can I apply for H1B after the current H4 expires? ANy insight will be greatly appreciated. czur, No covid-19 exceptions. ]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. Official websites use .gov Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. This contained the information in my post above stating that they had entered the form electronically and created an account for us. https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses. I applied for renewal and the application was applied on 10/28/2020. H4 EAD was also included in that list of eligible categories for the 540-day automatic extension. Throughout this time, backlogs build and resources continue to be diverted to support programs with processing timelines. Zalak, Well, some have taken full leave of absence without pay and joined backSome have quit the job and rejoined latterThe logic is employer need to maintain I-9 compliance, if you are working for them, I am not sure how that worksThis is slightly grey areaIf you have an option to quit and re-join, that would be ideal as that is very clearbut, the option of going on paid leave is not fully cleartalk to an attorney on this. Yes, you can. I have still not received my receipt number. USCIS continues to work hard to minimize delays. 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. I have sent one more mail to them but no reply. B) Can USCIS reject the H4 EAD and take application fees OR send RFE OR put our H4 EAD case on hold? I work at a small firm who are not aware of H4 EAD related situations and I want to abide by law and not work during the entire time in between. Students filing applications with USCIS can receive both a text/email confirmation of receipt of application and a paper Receipt Notice from USCIS. Share sensitive information only on official, secure websites. Institutional Animal Care And Use Committee. Getting the OPT permit can take up to three months. How long is usually the process for EAD renewal for J2? USCIS appreciates the concerns of commenters and the acknowledgement of the potential projected tax loss stated in the rule. One thing that is still not clear to me is If an unexpired i94 is needed to continue working on the H4 EAD receipt? What is the current USCIS Processing Timelines? they cashed my both checks on 29th. As with any adjudication, USCIS posts processing times for these applications so that applicants can understand what to expect. You will need to apply for an EAD if you: Are authorized to work in the United States because of your immigration status or circumstances (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization, or If yes, approximately how much time it will take to get H1 with premium processing? You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. Change of Status, OPT, STEM OPT Extension), what can I do to confirm USCIS received my application? EAD Cards Not Received If USPS tracking indicates that a newly-issued EAD card was undeliverable or if the EAD card has not been received 14 weeks after submission of the application, email OFM-EAD@state.gov and include the applicant's name, date of birth, PID number, and USCIS receipt number (LIN). Display as a link instead, 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. H4 EAD Receipt notice( I-797C notice of action for form I-765) that has relevant class requested stated as from the above list of codes in the previous section. Did u file all 3 applications together? Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. I have applied for renewal on 01/12/2021. Thanks, Please Advice. Try calling USCIS or send a service request. Ead card not ead renewal card was not so is trying to follow. 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. You need to resign, thats the only option. You do not get H1B status when filed, you need to get the approval to continue working again. Cambridge, MA 02139-4037, In-Person/Walk-In Office Hours: 50 Ames Street (Physical Address) I am asking because, it doesnt seem to me that the records got updated as I cant see my updated status online. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022. You are only authorized to work through the expiration date on your EAD. First opt and ead renewal receipt notice not received your own minimum number of our office in relation to detect all ead card and that you already reached. Now that you have a background, lets look at the actual H4 EAD automatic extension policy. In instances where a company cannot transfer additional work onto current employees and cannot hire replacement labor for the position the asylum applicant would have filled, USCIS acknowledges that delays may result in tax losses to the government. 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. Veronica Mars Fans Who Donated To The Kickstarter Campaign. I have a H1B and H4 valid till feb 2020. Employer A has filed for H1B extension, H4 extension and H4 EAD renewal in normal processing in June 2022 which is still pending review with USCIS Since mg H4 EAD is expired, I had to stop working in November 2022 My husband got another job with employer B in which H1B is processed in premium along with H4 Will her H4 EAD application gets processed faster as she already have H4 stamped? I have couple of friends who applied after me at same location and got it approved within 3 months. Seems like I am in same boat. New, Renewal? Next, you should write a cover letter that outlines the contents of your submission. You will be contacted by the HR Operations Center if you are being selected for a position. The Lockbox has recently experienced a significant increase in filings. You can post now and register later. Changing backlogs can result from any number of changed circumstances, including but not limited to, changes in receipt volumes, legal requirements, court rulings, regulation and policy changes, and changes to internal processing. Now I am waiting for H4 and H4 EAD renewal. Thinking of filing h1 and h4 together with Amendment + Extension application first and then h4 ead after 1 month to satisfy 180 day rule. Looking for U.S. government information and services? Hello Ms, Indu, My current EAD expires on Feb 5th 2021. We are still waiting for my wifes H4 EAD renewal and hope it comes soon so that she can join back to her work. 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. B1/B2, H1, F1? JavaScript is disabled. The company is in a critical phase in the project and I am a key resource. No receipt yet. Do you have any insights on this solution? Usually mail can take couple of weeks, give it this week. EAD applications being filed without any other applications. If the H4 status of the H4 EAD applicant ends, which is based on the I-94 end date, H4 EAD decision is given by USCIS ( approval, denial ), 180 days from the day the H4 EAD Card expires (the expiry date is on the H4 EAD Card). Applied for H4/EAD at start of Nov 2020. If your home mail system tends not to be reliable, consider sending it to a trusted friend or family member. An individuals automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicants Form I-765 renewal application or upon notice. 2. Building E18-219 These applicants therefore will not receive a reissued receipt notice.
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