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. How long will it take to get the receipt. Below is the screenshot of the official regulation in federal register: As per law, an employer who hires anyone in the US is required to completeI-9 Form(Employment Eligibility Verification). Did not receive my receipt notice yet. 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? Let us see. Looking for U.S. government information and services? Your link has been automatically embedded. Pasted as rich text. Refer to the above - USCIS acknowledged the delays and looks like ETA is 30 days - you can drop an email to, below is the standard response that I received -. No receipt yet. If USCIS does not provide a response within 30 days from that date to then contact the CIS Ombudsman's Office for case assistance. 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? Please remember that before contacting the CIS Ombudsman, you must first try to resolve the problem with USCIS. But, in general terms as per our lawyer, H4 EAD gets approved only when H4 is approved. Students that do not receive the receipt notifications from USCIS during the expected time are advised to contact USCIS directly. This is old rule. Several commenters stated that the true intent of the proposal is to serve as deterrent for asylum applicants seeking protections in the United States. You must provide a valid mailing address in the United States. Share sensitive information only on official, secure websites. H4 EAD was not an exception the same, the delays with H4 EAD processing continue to increase. Review our. The 540 days of automatic extension rule is valid until October 26th, 2023. Will her H4 EAD application gets processed faster as she already have H4 stamped? Notice of Action at the top and the receipt number should be clearly visible. 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). 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. (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.) No update after biometrics. You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. Review our. Should I request for H1 filing under non-profit? This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. I did not receive receipt notice yet . Thank you for this helpful article. You should be able to prove that you have the proper business licenses and that it is related to your degree program. 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. This is the only way you can track your application at the USCIS Service Centers. We are still waiting for my wifes H4 EAD renewal and hope it comes soon so that she can join back to her work. @swn. If less than 90 days have passed since you filed a petition/application with USCIS, the CIS Ombudsman will close your request. I am asking because, it doesnt seem to me that the records got updated as I cant see my updated status online. Usually, you will be in previous status until your COS is approved. https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses. H4 Validity : 02/2020 H4 EAD Validity : 08/2020. Shailee, No, H4 EAD category does not qualify for 180 days extension. Hello, Thanks a lot for this article. https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings. has anyone experienced any exceptions with Employers during this COVID situation? As we have described, the rule only stands to possibly impact the timing under which some EADs could be approved. New, Renewal? We will be sure to update if USCIS issues any actions they will take. Any issue with that? There are the following recommendations to check the status of your application and how to contact USCIS: (1) Check if your application fee payment has been processed by USCIS. If yes, how long is it taking nowadays? Do I need to provide approval copy for H4 in order to process EAD for my wife or does USCIS will get it from their internal records? That being said, this is not necessarily tru across the board as of yet, but It is getting there. F) What can be future consequences on my H4 EAD extensions we apply for ? Please advise. Since I got my H1B & H4 approval in March 2019, I am waiting on getting EAD approved. Same here. Now, it is slightly grey areaIn H1B case, you can work as you applied before expiry upto 240 days Now, H4 it not clear. Can I apply H4 ead when H4 visa extension is pending and my I 94 is pending. Also received a notice that the previous biometrics were being used. Hi Kumar, Can my Wife work while H4 EAD is in process? This is very helpful! The address you have listed is correct, of course since it is PO Box you can only send via USPS. I am planning to file extension. No appointment/no offices open for H4 Biometrics during lockdown. Please use the download button to access the PDF. Lavanya, Well, you can apply using the receipt notice. My current EAD (I-765/I-131)is expiring on 03/18/2021. 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). 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. After that, both you and your spouse will be considered out of status and your EAD will be invalid. She can work until the expiry date, after that cannot. Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. Has anyone received the receipt notice? It was not there in the bank account transaction. If you have received neither a receipt notice nor a biometrics notice in over two months, USCIS may have the wrong address on file. Did u file all 3 applications together? 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. Save my name, email, and website in this browser for the next time I comment. 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. 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). They say the delay is 4-6 weeks. Application for Suspension of Deportation or Special Rule Cancellation of Where to File section of these Instructions. Can We travel out of the US? DHS updated its H4 EAD Policy and introduced 180 days Automatic Extension for pending applications with USCIS. Hi @Binoy_Ben @Muthukumar1979 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. So you should be fine. You cannot paste images directly. I tried so hard to avoid it. You must log in or register to reply here. 09/01/21: EAD renewal paperwork received by USCIS. Many have lost jobs and it is sad situation but thats life, Thanks Kumar, I have a question, I filed my H1B extension, my wifes F1 to H4 CoS and H4 EAD together, and requested the CoS to be effective right before her OPT expiration. 13:00-15:00 (W), iso-help@mit.edu Mikomi Sushi Taking Over Old T Phillips Site. @bharathi in the same situation, h4/ead lockbox processing seems to be slow. 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. At that very moment I decided to stop working and I conveyed the message to my employer. There is nothing to follow. 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. How To Wear Festival Makeup Beyond Coachella. Can I track my application with USCIS once it has been submitted? Burden and frankly a redundant step and waste of time for the. Congratulations and Good luck! But later I was put on unpaid leave. The receipt number is a combination of the USCIS service center processing your application, the fiscal year and workday when USCIS opened your case, and your unique case number. But, you need to submit the approval, if asked by the officer. 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. OPT start date until you receive your EAD. Does one need to take any specific step to rectify? It may not display this or other websites correctly. Receipt notice will take 4-8 weeks. The USCIS Phoenix Lockbox received the package on 12/03/2020. Display as a link instead, 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. Do you have any insights on this solution? Check your case status online to see whether we mailed you a notice. I just applied for H1b extension in premium processing along with H4 extension and H4 ead extension and my H1b has been approved till May 2021, I am still waiting for my spouse H4 and H4 Ead to be approved. My H4 EAD expired during lockdown. 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. 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. Unemployment and Crime: Is There a Connection? U.S. In instances where a company cannot hire replacement labor for the position the asylum applicant would have filled, USCIS acknowledges that delays may result in tax revenue losses to the government. For a better experience, please enable JavaScript in your browser before proceeding. Thank you. Fortunately, applying for a work permit is relatively easy, especially if you submit the application at the same time as your green card application. 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. I have a question to ask. In the past, there was no automatic extension for H4 EAD, when the H4 EAD application was pending with USCIS. If processed, USCIS will write the USCIS Receipt Number on the back of the check. It is usually better to resign and re-join later. My spouse I94 expires on 12/31. The company is in a critical phase in the project and I am a key resource. Seems like I am in same boat. And the "date" on the Receipt Notice will be the date it was received. You cannot work on H4 EAD receipt notice as a first time H4 EAD Applicant. Mine was delivered on 9th November, m still waiting . 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. https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings. I have got a text message on my phone the next day with the receipt number. 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. Is there anyone who got a receipt? If you cannot file your h1 extension before 6 months of expiry , then how will you even apply for h4 ead before that? (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. 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. This biometrics process delayed the H4 EAD processing times as well. 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 My employer already reached out to me and is well aware of my situation. Below are the screenshots from the past that indicate the C26 Category, which is for H4 EAD, was not part of the original list. Thank you for contacting us. After your EAD application is filed, USCIS will first issue a receipt notice with the receipt number. On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. The Lockbox has recently experienced a significant increase in filings. Check the above article again, it has official info on the same. Meanwhile, while waiting on the extension approval, I applied my wifes H4 EAD renewal (going to expire on March 2019) based on H1B & H4 receipts in Feb 2019. 1- Did you need to pay a fee for this application? Students filing applications with USCIS can receive both a text/email confirmation of receipt of application and a paper Receipt Notice from USCIS. December 11, 2020: The CIS Ombudsmans Office released a statement that there have been delays in receipt notifications (text, email, and paper notices) from the USCIS Lockbox that receives applications to USCIS. Official websites use .gov On Sep 10, 2019 I came to know from a friend that it is not allowed to work once EAD is expired. There is going to get a brief explanation of not ead approval status on this. Applied for H4/EAD at start of Nov 2020. Also, update here for community benefit. 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. Cambridge, MA 02139-4037, In-Person/Walk-In Office Hours: 2. By browsing our website, you agree to our use of mandatory cookies. I am planning to file H1B and H4 extension in september 2019. Can I work with my H4 EAD Receipt? My H4 EAD is expiring on December 21, 2020. DHS has reviewed extensively the regulatory history of the promulgation of the employment authorization provisions for those with pending asylum applications. Why is there a delay? Is it ok to start working with I-9 verification, though H4 EAD Card is lost. https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses. If her EAD card is valid, she can continue to work until the EAD card validity date, though her current application is pending. A .gov website belongs to an official government organization in the United States. I again started working on Oct 17, 2019 when I got my renewed EAD. The following employment eligible categories are eligible for an automatic extension: The eligibility category you listed on your Form I-765 renewal application, Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*, Pending Adjustment of Status under Section 245 of the Act, Suspension of Deportation Applicants (filed before April 1, 1997) 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. The commenter stated that DHS must provide further analysis germane to EAD applications from defensive asylum applicants. You should never engage in anything that violates your status. Can USCIS will reject current H4 EAD or I can we get RFE for new application. Does one need to take any specific step to rectify? Keep the original receipt in a safe place. If your h4 EAD renewal is approved on the USCIS website but there is delay in receiving the EAD card .. is it ok to continue working ? 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. My question is, can I just go on leave of absence (or leave without pay) while I am waiting for my EAD to renew and come to my hand? I am waiting for receipt notice from 9th November. 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. Deepz, You need to apply for COS only when you are in Status or have valid I-94, otherwise they will deny the COS. Would be helpful if you can share recent updates on your case. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Upload or insert images from URL. Till today ( December 18th 2020) we did not received any application receipt notice. USCIS website update is not official. Do you have any info about this? The paper Receipt Notice is received by mail from USCIS normally within 2-3 weeks of filing the application. or are you out of processing time ? If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. This is really frustrating. When I reached out to USCIS they said due to the current pand Please let me know how I can get more information on this. Below is the screenshot of the actual 180 days extension policy. Thank You for taking time to answer many questions. I already got paid for the 10 days I worked after expiry of my previous EAD. It means that, if you file for H4 EAD renewal after Oct 26th, 2023 you will only get 180 days of automatic extension. In this tough times if we stand together USCIS might consider a temporary relief. You may show your employer that document or any other acceptable List A or List C document. 09/07/21: Receipt / 180-day automatic extension received in the mail. 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? Please read full USCIS news release. Department of your application package as possible to employment authorization is received notice is okay. Bring the letter to the Ivanhoe International Center so we can assist you with contacting USCIS about your case. USCIS but I am not sure if I will get it in time to apply to renew my EAD combo card. I am planning to send receipt notice, and transfer notice along with the application. Please reach out again 8 months before the EAD expiration this was 4 months ago and now I am checking if they can initiate extension & surprisingly they are saying As the I-94 has expired, the EAD card is no longer valid and she must wait until she receives the new EAD card. Commenters cited studies showing what factors are not received your a field office for uscis. Current processing times to receive receipt notifications are taking approximately 4-6 weeks. In general, that is the practice as well. See above official reference in article. Do not use abbreviations. You will not be authorized to work until USCIS approves your Form I-765. Deepz, No issues. So, do NOT get mislead by the message that you are eligible. 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. Can I stay on the roster, go on leave of absence and get rehired after the approval comes through? Are in a category that is eligible for extension. I filed my application end of Dec. Havent yet received the recepit! Hi Thanks for taking your time to enlightening us. Please advise. US my EAD card will expired. Powered by Discourse, best viewed with JavaScript enabled. (3) Submit an online inquiry with USCIS to notify them that you have not receive the Receipt Notice or Receipt email/text yet. Please sign this petition to support the 180 day automatic extension for H4 EAD, please share it with your circle. I have a newborn who is only 2 weeks old and doesnt have a passport to travel. Designing And Building A Digital Kitchen Timer. 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? H1B & H4 extension applied on March 08 2020 and H1B approved for 3 more yrs & waiting for H4 approval. 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. Nidhi, There is NO special guidance there.
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