EAD Work Authorization

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding automatic work authorization and EADs.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.     

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[Jass Bai]

How long can H4 EAD person work once EAD expires, however extension is filed before the H4-EAD expiration 

[poppy007]

Can you change role with the current employer (prior to 180 days) if I-485 based EAD is approved prior to 180 days of filing I-485 petition.  Thanks!

[Attorney_22]

On 12/1/2022 at 10:14 PM, Jass Bai said:

How long can H4 EAD person work once EAD expires, however extension is filed before the H4-EAD expiration 

USCIS increased the period from 180 days to 540 days for an timely-filed extension. 

[Attorney_22]

On 12/4/2022 at 8:55 PM, poppy007 said:

Can you change role with the current employer (prior to 180 days) if I-485 based EAD is approved prior to 180 days of filing I-485 petition.  Thanks!

It sounds like you are referring to the AC21 rules on job portability, one of the requirements is that the I-485 has been pending for 180 days. The EAD is not part of the analysis. 

[Jass Bai]

 

Can H4 EAD person work for 540 days Grace period after H4 EAD expires even though I-94 expiration date is same as H4 EAD expiration

Note: however extension is filed before the H4-EAD expiration 

 

[Attorney_22]

On 12/7/2022 at 2:02 AM, Jass Bai said:

 

 

Can H4 EAD person work for 540 days Grace period after H4 EAD expires even though I-94 expiration date is same as H4 EAD expiration

Note: however extension is filed before the H4-EAD expiration 

 

Unfortunately, an individual needs to be in H4 status to have the work authorization so after the I-94 expires and while the extension is pending there would be no automatic work authorization for a concurrently timely-filed H4EAD until the H4 extension was approved.