Automatic 240 days extension for H4 EAD due to Covid19

[ajead]

HI , I have filled for H4 EAD in Feb. It's in texas service center. 

We called USCIS today to request for expedited processing as my current EAD is expiring in June. The USCIS person mentioned that,  we dont need expedited request because there are some changes due to covid 19 and if we have filled the extension in timely manner there is automatic 240 days extension on EAD.

The agent mentioned that with current I539 receipt and previous I765 approval and EAD card , employment can continue with same employer.

Since we dont see specific information about I765 auto extension online, we want to check with attorney if this is indeed true.

We were referred to below link

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

If You File in a Timely Manner.  Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  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.

[min02]

On 5/7/2020 at 12:16 PM, ajead said:

HI , I have filled for H4 EAD in Feb. It's in texas service center. 

We called USCIS today to request for expedited processing as my current EAD is expiring in June. The USCIS person mentioned that,  we dont need expedited request because there are some changes due to covid 19 and if we have filled the extension in timely manner there is automatic 240 days extension on EAD.

The agent mentioned that with current I539 receipt and previous I765 approval and EAD card , employment can continue with same employer.

Since we dont see specific information about I765 auto extension online, we want to check with attorney if this is indeed true.

We were referred to below link

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

If You File in a Timely Manner.  Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending.  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.

Hi ,

I am in same boat , I have filed EAD renewal in Feb with Texas Serviec Center . One of the USCIS customer agent suggested about this 240 day extension rule but didn't provide complete assurance that I can continue working based on this rule . Looking forward to see if this is true .

On the other side , my Employer actually looked at my H4 , H4 EAD renewal receipts and current EAD card and advised that I have 180 days extension and asked me to fill I9 form accordingly , which leaves me in confusion . If my Employer confirms that I can work with this 180 days extension , can I continue working assuming that eVerify could have caught if I am not supposed to work ? Please advise .

[bdaemon]

Hi,

My wife is also in a same boat. We filed for H1B-EOS, H4-EOS and H4-EAD together in March, The H1B-EOS has already been approved but H4-EOS is stuck since biometrics cannot be done because of the ASC closure. Her H4-EAD expires in June and we're wondering if this above mentioned policy-change for timely filed EOS petitions applies to H4-EOS and H4 work authorizations as well. We haven't spoken with any USCIS agent yet, but its heartening to know that the USCIS customer agent themselves are interpreting it to be applicable to H4-EOS although without giving any complete assurance. It'd be really helpful if any legal experts on this forum can shed some light on the legal interpretations of it w.r.t. H4-EOS and EAD.

Regards!

[bdaemon]

Hi,

I had not called USCIS regarding this yet, So I called up their service center today and interestingly I was also told the same, that the said 240-day auto-extension applies to timely filled H4-EOS+H4-EAD as well. I tried to get some sort of assurance from him but he said he can't do that instead he transferred the call to his supervisor. I again explained my question to the supervisor, he then took good 2 mins to discuss it with someone else and told me that the instructions and guidelines they've actually does say that the said 240-day auto-extension applies to both the H4 i-539 & i-765. But he too wasn't able to give me any form of assurance, he instead suggested that I speak with my lawyer about it. Anyways, this certainly is a good news. I'll check my lawyer next and will update. Can you guys also update if you already spoke with your lawyers on this? thanks!

Regards.

[Alise]

After reading this post, I emailed my employer's I9 services about this option. They reached out to I9 help desk to confirm. Apparently C26 category of EAD is not applicable for automatic extension. That's the response I got back. 

I would like to know if others on C26 category experienced otherwise. 

[SFbound]

Hi - any latest updates from folks on this?

I applied to Texas center in mid august and haven’t had any other updates since(except receipt number). How are you dealing with this uncertainty ? Anybody got EADs in the last few months from Texas center?