H4 ead expired unpaid leave. You’re not working and you’re not getting paid.

• H4 ead expired unpaid leave This requirement of maintaining continuous validity of H-4 EAD makes it difficult to ensure uninterrupted employment, especially since the H-4 EAD is linked to the spouse's H-1B. USCIS will abandon your H4 COS application immediately as you step out of the US and will also deny your H4 EAD application. An EAD works as proof of employment authorization only if it has not expired or has an extension after its expiration. My H4 got approved today . There is NO official guidance from USCIS on this topic. Unpaid Leaves or Termination Some employers and attorneys suggest going on ‘unpaid leave’ and returning to work once you have got your new EAD card. Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category. I had applied for H4 and H4 EAD on Feb 2022. But, the common sense says that employer has to file form I9 for each employee and it can only be filed if you have valid work authorization in USA. Automatic Extensions. My question is, can I go on unpaid leave for the duration of time between expiration of my current EAD and until I get the new EAD card in hand. May 19, 2015 · An application for an EAD renewal may not be filed more than 120 days before the previous EAD expires and USCIS sometimes takes even longer than the 90-day statutory period it is given to issue Sriharsha Gudla whose wife is an H1B professional in the US filed petitions for renewal of his H4 visa status and work permit on January 14, 2019. Jun 24, 2020 · Hi, After H4-EAD expires, can I go on unpaid leave till I get my approval? Can I still be enrolled in benefits and pay the benefit expenses? Will there be any problem in future during GC processing if I do so while I'm on unpaid leave? Mar 26, 2020 · i have applied for H4 and H4 EAD extension in Nov 12th and still waiting for approval. May 19, 2020 · Considering the delays, challenges, and exemptions with work authorization extensions of Employment Authorization Documents (EADs), employers are asking if they can keep certain workers employed with an expired EAD. Jan 13, 2025 · You cannot work if your existing H4 EAD card has expired and your H4 i94 has expired while renewal is in process. Second, USCIS now recognizes that L-2 spouses enjoy automatic work authorization incident to status. If you are an active employee, your employer has to maintain I-9 compliance to be in proper legal compliance to work for them. Many of the current H4 EAD holders did the same and went on unpaid leave. May 19, 2020 · If the person’s EAD has expired and they do not yet have the new EAD or another valid, acceptable document to present for verification, they may not be able to continue working. Generally, an H4 may go off payroll as unpaid LOA pending EAD renewal / AOS EAD is in hand. H-4 EAD work time is considered separate from H-1B time and does not contribute to the overall duration of H-1B status. Reply to this topic; H-1B was renewed within 30 days of application without expediting. My employer states that I will lose employment as of the EAD expiry date, meaning losing Unpaid Maternity leave and paid Short term disability leave as well. Current EAD at the time expired on 8/1/21. Renewal EAD: Nov 12, 2021 · existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an -94 showing their status as an H-4, E, or L nonimmigrant, as applicable. However, there are some exceptions. It does not matter if you are going to re-enter on an H4 visa. Is my answer "BEST ANSWER" and/or "HELPFUL"? Sep 4, 2019 · Unpaid Leave of Absence - H4 EAD renewal pending - NO. Followers 0. For the benefits, that would likely depend on your employer. Jul 22, 2022 · If, upon reverification, an employee’s EAD card has expired; the individual does not have a new card; and they are not eligible for automatic extension, then the person is not authorized to work after the current EAD expires and until a new one is issued. Apr 25, 2023 · This requirement of maintaining continuous validity of H-4 EAD makes it difficult to ensure uninterrupted employment, especially since the H-4 EAD is linked to the spouse’s H-1B. H4 EAD Applying experience: Filed my EAD through my husband's company attorney on 2/19/21 at the Vermont processing center. Automatic extensions only apply to specific categories of EADs. You should wait for H4 COS approval and then you can travel while H4 EAD is pending. Since his H4 EAD beneficiary status expired on May 11, he has been on unpaid leave. So if i dont receive my visa before that, do i need to resign my current job or can go on unpaid leave of absence? Feb 6, 2020 · Now, if you take salary in US on your H4 EAD SSN, then there are records that can prove that you were working while your H4 EAD was pending and current one expired. Once I receive the EAD in hand, I will be able to get back to work. If the person’s EAD has expired and they do not yet have the new EAD or another valid, acceptable document to present for verification, they may […] Jul 25, 2022 · In order to demonstrate eligibility for the automatic extension, the individual should present the expired EAD card plus a copy of the Form I-797 USCIS receipt notice for the pending I-765 May 3, 2022 · However, it doesn’t solve this problem for all EAD holders. Jul 20, 2022 · My H4 and H4 EAD expired on 05/26/2022. Sep 13, 2019 · Well, technically, if you are on unpaid leave and not working, it should be fine. Therefore, the loss of Jun 13, 2019 · If you have already received your H-4 EAD and your spouse’s I-140 is revoked, then your employment authorization will remain valid until it expires. Jun 10, 2021 · As required by our updated Community Guidelines, by posting content on Avvo, attorneys assert that their submissions are original and not generated by an automated tool, such as artificial intelligence (AI). Dec 7, 2020 · EAD ; H4 EAD expired - multiple questions H4 EAD expired - multiple questions. Feb 20, 2025 · H4 COS, EAD Pending. Jan 24, 2021 · Mu husband received his H1B extension via premium processing in October,2020 but my H4 and H4 EAD applications with receipt date in Sep,2020 are still pending. It should not create any issues, in general. The H-1B and H4 renewal applications were applied through spouse's attorney. By simple_tree, December 7, 2020 in EAD. my current visa expires on April 25th. When you reach the end of your H-4 EAD validity period, you will only be able to renew it if your spouse has an approved I-140. While his wife’s petition for H1B extension has been approved, both of his petitions have still remained pending. With this change, H-4 employees should no longer need to go on unpaid leave from their job as a result of USCIS delay in processing timely filed EAD renewals. Renewal did not come in time and employer decided to place me on unpaid leave. I-766, or any successor document) issued as evidence that the holder is authorized to work in the United States. Dec 6, 2021 · Hi Anil / Amtech friends: I need your help on my case My H4 and H4 EAD extension filed on Aug 26 along with my Spouse H1B My spouse H1 approve on Sept 10th for 3 years my H4 visa (i-94) and H4 EAD expired on Nov 15h. Aug 31, 2020 · Could you advise if it would be legally okay to use the PTO days/floating holidays from the employer while my H4 and H4 EAD status has expired, and I'm on inactive payroll, or should I just be on unpaid leave until I hear back on the H1B application decision in a few days? Thank you! Jul 1, 2016 · On the other hand, the H-4 EAD must be valid at all times without any breaks or gaps even if an H-4 EAD extension is pending. Legally, your employer should either terminate you or send you on unpaid leave and report it to government using form I-9. • Provides that the automatic extension of the EAD will continue until the earlier of: the end date Jun 7, 2017 · I recently applied for EAD renewal 2 days ago since H4 approval took a long time even though it was applied along H1B in PP. You’re not working and you’re not getting paid. H-4 EAD holders, for instance, are still limited to an automatic extension only until their existing H-4 I-94 expires, and since H-4 Dec 13, 2024 · While the new 540-ay EAD extension policy offers relief for many, concerns over implementation, administrative hurdles, and the incoming Trump administration’s stance leave visa holders Aug 28, 2015 · I have applied for a renewal of my EAD, but fear that it will not be approved by 09/23/2015. Or, do I need to resign for my job and try to get re-hired after I get the new EAD card ? Unpaid leave shouldn’t be a problem. Do some research on it, you might get more info. Employment Authorization Document (EAD): The EAD is the card (also known as Form I-688A, Form I-688B, Form . H-4 EAD tied to H-1B status: An H-1B worker is not dependent on his or her spouse to provide status and work authorization as H-4 spouses are. Was on unpaid leave for over 5 months. What are my options to keep maternity benefits? We would like to show you a description here but the site won’t allow us. My employer had placed me on unpaid leave after 05/26/2022. I wanted to check if I can join my employer and start working or should I wait for approval document. For example, suppose an individual has an EAD in a category that qualifies for an automatic extension. I have filed expedited request with the help of congress man on Nov 8th, waiting for response from UsCIS Questions: As USCIS allows 180 days extension of EAD if we have valid I-94 . H4 EAD Applying experience: Last EAD expired on April 11, 2021. I was planning to take maternity leave starting April, but can I go on unpaid leave starting March in case I do not receive H4 EAD approval on time, If I change from H-1B to H-4, will the time spent working on an H-4 EAD count towards my 6 years of H-1B? No, the time spent working on an H-4 EAD does not count towards the 6-year limit of H-1B status. 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