H4/H4 EAD Extension pending. AOS pending. (AP/EAD APPROVED)

Hi All,

My current H4 and H4EAD are expiring in June. I filed an extension in feb and it is still pending.
Received the receipt number but status is still pending.

I do have an AP/EAD valid until 2025 (approved as part of AOS application via my husband’s employer).

My questions:

  1. If I do not get H4 and H4EAD approved by June, can I use 485 EAD for my work?
  2. Can I stay in USA after June, based on my existing H4 pending and AOS Pending applications?
  3. If i use the 485 EAD does it make my legal status as “AOS applicant” and does it impact my existing H4 application? Can I also the 485 EAD for extending my driving license.

I will also reach out to immigration attorney next week to understand my options and if i have to fly out of USA after my I94 expiry which is in June and get stamping in India and come back. The reason i have posted the questions is so that I can learn the correct rules and also ask right questions to the attorney about my concerns.

I am trying to educate myself on AP/EAD rules and AOS applicant status.

Thank you


Yes. It is considered ‘period of authorized stay’ after the I-94 expires and while your non-immigrant EOS application. You are also considered in ‘pending AOS’ status so no issues.

Yes if you use AOS EAD for employment. H4 application may still get approved however to switch back to H4 you will need to travel to Canada or Mexico border.