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H4 EAD- USCIS Rep says can continue working while H4 extension in progress

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Hi All,

We have have our H1 extension approved but waiting for H4 extension, since the biometrics appointments are not being given the H4 extension where the biometrics is not on file are not being processed. My wifes H4 ead expried in june and she quit her job.

Today we called the USCIS to check if my wifes biometrics is on file from a earlier appointment at CBP, but the rep mentioned that it was not and asked if there is any other issue. We mentioned that my wife had to quit her job since the EAD is not extended for which the rep mentioned that due to the COVID-19 scenario EAD are automatically extended by 240 days and pointed us to the link https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings where it says:

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.

Has anyone else contacted USCIS and got this response? is this a vaild condition to continue working after EAD expiry?

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I have the same situation both H1 premium and H4 EAD are filed and expiring on September 2020; awaiting for approval. We are waiting to get H1 approved first and call USCIS on H4 EAD status. Does your spouse started working even after her expiry?

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I am also in the same situation. Expires very soon within few months and bio-metrics is stopped right now due to COVID-19.


Not sure if one can continue the employment with CURRENT H4-EAD when your H4-Extension & EAD is under process with pending receipt number/timely filing. 


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I had called in and the representative said that You cannot work as per USICS if you EAD is not approved.  However, she said you can work if you employer lets you do it . Not sure what kind of a rule is this ?? My employer said the same thing you can work with a EAD receipt for upto 6 months.

I had enquired with an attorney, he said that "if" there is an I9 audit then the employer would be penalised and not the employee.  

This does not give complete clarity . But, just sharing my findings . 


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