H4EAD Expedited Request


Recommended Posts

Hi, 

I was in H4EAD from 2015 till 2018 based on my husband's I140 approval from 2011. We moved back to India for good in 2018 and came back in Mar 2022. Within that time, my H4 EAD got expired, and the 540 days rule doesn't apply to me. However, I qualify for H4EAD renewal. I applied in Aug 2022 and expedited the adjudication based on the fact I have an offer that I would like to pursue. But USCIS denied my Expedited request and gave me this explanation 

Quote

U.S. Citizenship and Immigration Services (USCIS) records show that your Form I-765, Application for Employment Authorization is pending adjudication. We regret to inform you that we expect a delay in processing due to the volume of applications that are currently pending with USCIS. 
As a result, your current Employment Authorization Document (EAD) is eligible for an automatic extension based on the Temporary Final Rule that was published in the Federal Register on May 4, 2022.
The automatic extension is limited to certain employment eligibility categories and may temporarily increase the extension period of EADs for a total of up to 540 days for those eligible.
The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:
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
Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

1. So as per this, am I eligible to work on H4EAD? 

2. Should I be worried about the expedited request being denied? 

3. My husband's I140 is still approved, and his PERM is in the process through his new employer. Yet to file for a new I140 through a new employer although PD(08-31-2010) has been current on EB2 India for a while now. Should I get worried about this as well? 

Thanks 

Lalitha 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...