Now it is fully updated. Note: Your post will require moderator approval before it will be visible. Therefore, these applicants will not receive a reissued receipt notice. Ram, Your situation is not very common. The address you have listed is correct, of course since it is PO Box you can only send via USPS. If we will apply H4 EAD now what are the complications expected? Some of the attorneys say I cannot work as H4 is going to expire but others say I can work as H4 EAD is valid and the H4 extension is in progress. Review our. You may show your employer that document or any other acceptable List A or List C document. 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. Deepz, You need to apply for COS only when you are in Status or have valid I-94, otherwise they will deny the COS. I understand. 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 EAD approval either from the USCIS website or in paper form. It is a glitch at the end of USCISs system when H4 is delayed even after H4 EADs arrival. Talk to DSO and also an attorney to be safe. Hi Kumar, Can my Wife work while H4 EAD is in process? Below is the list of documents that employers need to use for I-9 compliance and avail of the 540 days automatic extension rule for H4 EAD holders : You can work on the H4 EAD receipt notice, only if you filed for H4 EAD renewal and you are in proper H4 status. 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. Once signed in, they will find their corrected receipt notice. JavaScript is disabled. My current EAD is expiring on end of January and I am waiting for my EAD to renew, which could be after January. Did your approval came through? 09/09/21: Received a biometrics reuse notice for I-765 renewal. This site uses cookies to give you the best possible experience. USCIS but I am not sure if I will get it in time to apply to renew my EAD combo card. Commenters cited studies showing what factors are not received your a field office for uscis. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. If you have questions about the instructions, please contact BIO. Just wait and hope good ! You may try that option anytime. Share sensitive information only on official, secure websites. Several commenters stated that the true intent of the proposal is to serve as deterrent for asylum applicants seeking protections in the United States. 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. This, in addition to the restrictions put in place because of the COVID-19 pandemic is causing significant delays for processing receipt notices. Nato member embassy in love with all these steps and not ead or any alternate isss; HR representative before traveling out of the country. When you apply for H4 EAD, either new or renewal, you fill out the I-765 form and for Question 27 in part 2, for the eligibility category, you would have entered (c)(26) like below. If yes, how long is it taking nowadays? . Thanks. USCIS will also send case update notices to your mailing address. Its taking an average of 90 days to get receipt these days. 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. If you paid with a bank certified check or money order, contact the bank or post office that issued the check/money order to confirm if it was processed and to get a copy of the back of the check/money order to view if the USCIS Receipt Number is printed on the back. Just writing to see if anyone has specific guidance on this USCIS news. If USCIS does not provide a response within 30 days from that date to then contact the CIS Ombudsman's Office for case assistance. Yes, usually they look for H4 approval and validity to issue EAD. B) Can USCIS reject the H4 EAD and take application fees OR send RFE OR put our H4 EAD case on hold? U.S. https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings. Can I apply for her H4 EAD with pending H4 I539? Official websites use .gov So, whenever I receive it, it will dated back to 01/12/2021. I have still not received my receipt number. You cannot file for a renewal EAD more than 180 days before your original EAD expires. 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? Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and 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 admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period. Until what date is it reasonable to wait (& hope) that H4 EAD might come through on time? No receipt yet. usually with in a week or so we should get the receipt number. January 14, 2021: CIS Ombudsmans Office released a statement that they are seeing USCIS lockbox delays as long as 8 weeks. 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. Yes, the C26 category of H4 EAD is eligible for 180 days automatic extension and you can work when H4 EAD renewal is pending with USCIS. 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 apply for H1B after the current H4 expires? So my employer let me work till oct 10th. USCIS Is Reissuing Receipt Notices to Certain EAD Renewal Applicants. Upload or insert images from URL. If you have received neither a receipt notice nor a biometrics notice in over two months, USCIS may have the wrong address on file. Yes, the C26 category of H4 EAD is eligible for 180 days automatic extension and you can work when H4 EAD renewal is pending with USCIS. 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). Please advise what can I do next to rectify the unintentional mistake. I am on pending H4/H4Ead status applied back in July 2020. I am on H4 visa. Institutional Animal Care And Use Committee. I applied for renewal and the application was received by USCIS on 11/25/2020. Read the above article again, all your questions are answered. Work Permit, can be filed after USCIS receives your application. RedBus2US.com 2010 - 2023, All Rights Reserved. She can work until the expiry date, after that cannot. Should I expect EAD application to be sent back? February 18, 2021: USCIS released an update on processing receipts of long-pending I-765 applications. Can USCIS will reject current H4 EAD or I can we get RFE for new application. For inquiries unrelated to lockbox processing, please refer to the guidance on the USCIS Contact Center and USCIS Tools web pages to request assistance. But, you need to submit the approval, if asked by the officer. Did not receive my receipt notice yet. In the past, there was no automatic extension for H4 EAD. Any issue with that? I am waiting for receipt notice from 9th November. 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. Form I-94 Arrival-Departure Record of H4 EAD holder. It is to prevent illegal or undocumented workers. Does my pending H4 extension case cause any issues. (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. They have not received any receipt notice either, should they call USCIS to follow up? 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. I did not receive receipt notice yet and its been well over 30 days. Because of Covid, biometrics is delayed & EAD card will be delayed. Records Public DKK Tapestry. Is this normal? My status got approved on June 7th. My H4 EAD is expiring on December 21, 2020. Therefore, the reissued receipt notices will contain: Applicants may present the reissued receipt notice with their expired EAD to their employer as a List A document for the Form I-9, Employment Eligibility Verification, to show that they are authorized for employment. Check cashed and SMS received on - 12/23, The case received date is showing as received on 12/01 which is good. EAD expiring soon. Can I work while H4 EAD Renewal is pending with USCIS? Government Strategies and Compliance Group. Ipsingh, Thanks for pointing it out. You can read more at 540 days automatic Extension of EAD USCIS rule. Also, from May 4th, 2022, H4 EAD holders get up to 540 days of automatic extension. Trucking Turns From Pandemic To Prosperity. 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 admission codes). No appointment/no offices open for H4 Biometrics during lockdown. Please check the updated article above. It talks about I-129 form that you cannot apply before 180 days, thats it. So you should be fine. Fortunately, applying for a work permit is relatively easy, especially if you submit the application at the same time as your green card application. Follow the customer service center operations center has advised to say they are represented by. Applied for H4/EAD at start of Nov 2020. @swn. 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? Will be really helpful if someone answers my above questions. Thank you again. Well, maybe slightly better, but hard to sayYou can check USCIS website for the current processing times. Now I am waiting for H4 and H4 EAD renewal. Hello Kumar, Thanks for the detailed write-up. Also, if you notice your H4 EAD physical card that you get after the approval, you would also see the category as C26 as you can see in the below screenshot. Same here. You can check USCIS H4 Processing times to get an ideabut, that is just approximate 2. 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. I have sent one more mail to them but no reply. This provision could delay the ability of some initial applicants to work. The commenter stated that DHS must provide further analysis germane to EAD applications from defensive asylum applicants. Yes, you can. ADJUSTMENT OF STATUS & CONSULAR PROCESSING, EAD Expiring - Applied for Renewal but no receipt notice yet. How long will it take to get the receipt. Thanks, Please Advice. Now that you have a background, lets look at the actual H4 EAD automatic extension policy. We will also send corrected paper receipt notices by mail. Confirmed application receipts, when processsed, will reflect the actual date application was received by USCIS by mail to the USCIS lockbox/center. How to Check US Visa Status Online? USCIS Case Status Checker. Can I work with my H4 EAD Receipt? How long is usually the process for EAD renewal for J2? Designing And Building A Digital Kitchen Timer. The I-9 form requires that employees verify a set of documents that are related to identity, visa status, and work authorization. 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? By browsing our website, you agree to our use of mandatory cookies. Usually friends around here apply leave a day before expiry for a month and keep extending the leave until it is renewed. Legally, you cannot be employed in US, even without pay. H4 EAD was not an exception the same, the delays with H4 EAD processing continue to increase. If USCIS does not provide a response within 30 days from that date to then contact the CIS Ombudsmans Office for case assistance.January 8, 2021: USCIS has confirmed that the processing times on the application will be based on the actual date the application was received by mail at USCIS (the received date). 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. Thank you Mr. Kumar. Thank you very much. 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. DHS has reviewed extensively the regulatory history of the promulgation of the employment authorization provisions for those with pending asylum applications. I am in the same boat , my package was received on JAN-11 and no receipt or check had not been cleared . Talk to DSO and then apply for extension. Usually mail can take couple of weeks, give it this week. Shailee, No, H4 EAD category does not qualify for 180 days extension. If they put it on hold, when they will resume? 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). All Rights Reserved. Hello, Thanks a lot for this article. 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. You need to resign, thats the only option. I tried to call USCIS but failed and couldnt find any email. I have few scenarios in my mind regarding H4 EAD on which I want some more clarity. To request an EAD, you must file Form I-765, Application for Employment Authorization. If your delivery confirmation said that your package was delivered, you can be assured that USCIS has received your application. You qualify for this extension if you: Automatic Extension Time PeriodTemporary Increase to up to 540 Days. Isnt your h4 ead extension dependent on your h1 validity ?. However I am not working at the moment. Please sign this petition to support the 180 day automatic extension for H4 EAD, please share it with your circle. 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. Will her H4 EAD application gets processed faster as she already have H4 stamped? Would be helpful if you can share recent updates on your case. You can begin working once you receive your EAD and the start date on the card has been reached. The 6 months rule applies for H1Bs. 2020-05-08 Mailed in I-765 Renewal 2020-05-27 Received the I-797 Receipt notice mailed from USCIS. @Benimm @bharathi I just wanted to check if all of you have received the receipt notice. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. H4 EAD was also included in that list of eligible categories for the 540-day automatic extension. Please suggest if you have gone through these scenarios or know what to do here. My husbands H1 got renewed (thanks to premium processing). My H4 EAD expired during lockdown. Generally, the text/email confirmation (if requested when filing the application) is normally received within 7-10 days of filing the application. All renewal applicants who filed Form I-765 applications on or after January 17, 2017, including TPS renewal applicants, will receive Form I-797 receipt notices that contain eligibility category information and information about the 180-day EAD extension. Despite that, there were still many delays. Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You must need a valid EAD "plastic" card to both continue working and apply for/obtaining a new DL. H1B & H4 extension applied on March 08 2020 and H1B approved for 3 more yrs & waiting for H4 approval. What are my options if H4 EAD doesnt come through on time? 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. You must stop working immediately upon receiving notice that your petition was denied, rejected or revoked. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, E-3 Certain Specialty Occupation Professions from Australia, Optional Practical Training Extension for STEM Students (STEM OPT), Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and. (Applied in August 2021). Throughout this time, backlogs build and resources continue to be diverted to support programs with processing timelines. ANy insight will be greatly appreciated. Shifan, If she is still on F1 and valid status, she can. 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. I am just giving guidance. 1. Paste as plain text instead, Display as a link instead, It is usually better to resign and re-join later. I have approved I-140 from 2017, can I claim my H1 with premium processing while on pending status? I again started working on Oct 17, 2019 when I got my renewed EAD. If not ask your attorney to follow-up. Can I stay on the roster, go on leave of absence and get rehired after the approval comes through? DLs expiring during lockdown are auto renewed till Jul 31st. Also, can I expedite my H4? No update after biometrics. Cambridge, MA 02139-4037, In-Person/Walk-In Office Hours: We discourage you from updating your address until after your EAD card arrives. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application. You must log in or register to reply here. Below are the screenshots from the past that indicate the C26 Category, which is for H4 EAD, was not part of the original list. The issue is my application both are still in pending status- and its out of normal processing time. https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses. We are still waiting for my wifes H4 EAD renewal and hope it comes soon so that she can join back to her work. Department of your application package as possible to employment authorization is received notice is okay. ALERT:Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. any suggestions to keep the employment going? 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. Even if you were to file an H4 extension or Change of Status(COS), concurrently with H1B in premium processing, the delays were the same. AILA - USCIS Provides Update on Receipt Notice Delays for Forms Filed with current forms, filing instructions and fee guidance. I work for non-profit. As you know there are many times, you see wrong status as well. Type the receipt number in without spaces or dashes between any of the characters. They say the delay is 4-6 weeks. I have a H1B and H4 valid till feb 2020. Share your thoughts in the comments below. Deepz, No issues. (2) If it has been 60 days since delivery of your application to USCIS, Call the USCIS Contact Center to see if they can provide verification of the receipt of your application (phone #: 800-375-5283; hours of operationare Monday to Friday, 8am to 8pm Eastern). @Cake was your H4 applied in premium along with h1b or was it in regular processing and which service center? My spouse H4 EAD is valid till Aug, 2020. 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. I applied for renewal and the application was applied on 10/28/2020. If processed, USCIS will write the USCIS Receipt Number on the back of the check. Please read full USCIS news release. Her husband just renewed his EAD last April 2021. 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. Can the H4EAD holder work for a foreign company until the EAD card comes through? The computer workday counts all regular workdays except weekends and holidays. 03/04/21: EAD in hand. Can I apply for my H4 EAD Extension with his receipt 2. This category is the most important thing that determines your ability to work with pending H4 EAD receipt or get automatic extension. Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page. 50 Ames Street (Physical Address) Change of Status, OPT, STEM OPT Extension), what can I do to confirm USCIS received my application? Its been almost 3 weeks and I havent received the receipt notice yet and the check hasnt been cashed. Please discuss with your H1B attorney, if you need confirmation. USCIS PO Box 21281 phoenix, AZ 85036 You will need the physical EAD as evidence of your authorization to work in the U.S. (If you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) Uscis receipt notice yet, but you have not agree with. An account to see if other services include updated your notice not ead renewal does not expired, it should quickly as a signature of information on the client.
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