Working status while H4-EAD is under renewal.

[Sukhada]

Hello,

I have H4  - I797 Validity for I94 extended up to July 2025.

My H4-EAD is expiring in May 2023 and if I apply for the EAD renewal can I able to work beyond May 2023 if EAD approval is pending by that time ?

What is the exact policy/rule by USCIS for that? 

If this is allowed then is there any USCIS page to keep as a proof?

Edited December 5, 2022 by Sukhada

[Attorney_10]

When renewing an Employment Authorization Document (EAD), an individual may be able to work beyond the expiration date listed on the expiring EAD if the applicant is eligible for automatic extension. Eligibility for automatic extension is determined by the individual’s application category, and includes spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status.

If eligible, automatic extension generally allows the applicant to continue working while the EAD renewal application is pending for a maximum of 180 days beyond the expiration of the original EAD. (Note: USCIS has temporarily extended the duration of automatic extension from 180 days to 540 days, but this is not a permanent change). EAD renewal applications can be filed at the earliest 180 days before the current EAD’s expiration. For automatic extensions, the renewal must be based on the same employment authorization category as the expiring EAD.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/