Hello
My H4 EAD (C26 code) and H4 status is expiring on 09/30/2022. My spouse filed for H1B, H4 and EAD renewal simultaneously in August’ 2022 and received a receipt number for H1B and H4 extension from USCIS. The status of which is CASE IS ACTIVELY REVIEWED BY USCIS. My question is, am i eligible for automatic H4 EAD extension as per new DHS rule? Please suggest.
Also my I-94 will expire on 09/30/2022 what will be the procedure to continue my employment.
Thank you
Mrkavi
EAD automatic extension applies only if your H4 status is valid. You will need to stop working once your H4 I-94 expires and can resume work once your H4 is approved even if your EAD is pending.
This is the exact reason you should ideally apply for H1B and H4 extension of status well in advance.
Thank you kalpesh.
One quick thing if my H1b gets approved before my spouse H4 visa expiry, is anyway we can get I-94 active on new H1b approval by crossing the border even though H4 extension is still pending?
Yes you can extend H4 I-94 at Mexico or Canada CBP using primary H1B I-797 while H4 extension of status is pending. If you do that, I suggest you send the copy of updated I-94 to USCIS center processing H4/EAD with a cover letter referencing the H4/EAD receipt # with their copy attached.
Thank you Kalpesh.
Can you recommend which CBP is safer and easy going. We are from Richmond, Virginia. Walking will be the best option for me as my spouse cannot drive. One more thing can my child accompany spouse as the child is american citizen.
Thank you.
For you Canada border might be a better option.
Should be okay.