USA IMMIGRATION:-Understanding the 540-day Auto Extension for H4 EAD Renewal Application

Can H4 EAD Work on Receipt? Understanding the 540-day Auto Extension

One of the most common questions asked by H4 visa holders is whether they can work on their H4 Employment Authorization Document (EAD) receipt. The answer to this question lies in the 540-day auto extension policy implemented by the U.S. Citizenship and Immigration Services (USCIS).

What is the 540-day Auto Extension?

The 540-day auto extension is a provision that allows certain nonimmigrant visa holders, including H4 visa holders, to continue working while their EAD renewal application is pending with the USCIS. This extension applies to individuals who timely file their EAD renewal application before the expiration of their current EAD.

Under this policy, the USCIS automatically extends the validity of the expiring EAD for up to 180 days, provided that the renewal application is filed on time. This means that the H4 visa holder can continue working on their expired EAD for a maximum of 180 days from the expiration date, as long as the renewal application is pending with the USCIS.

Can H4 EAD Work on Receipt?

Based on the 540-day auto extension policy, H4 visa holders can continue working on their expired EAD by utilizing the receipt notice they receive from the USCIS upon filing their EAD renewal application. The receipt notice serves as evidence of the pending renewal application and grants the individual an additional 180 days of work authorization.

It is important to note that the 540-day auto extension only applies to H4 visa holders who timely file their EAD renewal application. If the renewal application is filed after the expiration of the current EAD, the individual may not be eligible for the auto extension and may need to cease working until the new EAD is approved.

Important Considerations

While the 540-day auto extension provides a temporary solution for H4 visa holders to continue working, it is crucial to understand the limitations and requirements associated with this policy. Here are a few important considerations:

1. The auto extension only applies to the specific category of EADs, including H4 EADs, covered by the policy.
2. The auto extension does not grant any other benefits or privileges associated with the visa status, such as travel authorization.
3. Employers may require proof of the 540-day auto extension before allowing H4 visa holders to continue working on their expired EADs. It is advisable to consult with an immigration attorney or the employer's HR department for guidance.
4. If the EAD renewal application is denied, the individual must immediately stop working and take appropriate action to maintain legal status.

Conclusion

The 540-day auto extension policy provides temporary work authorization for H4 visa holders while their EAD renewal application is pending. By utilizing the receipt notice received from the USCIS, H4 visa holders can continue working on their expired EAD for up to 180 days. However, it is important to comply with the requirements and limitations of this policy to avoid any legal complications. Consulting with an immigration attorney can provide further guidance and ensure compliance with the USCIS regulations.