h4 ead l2 visa auto extension

News: Automatic L2 EAD and Standalone H4 EAD Auto Extension Explained

In March 2021 American Immigration Lawyers Association (AILA), Wasden Banias, and other Attorney’s filed a lawsuit against the Department of Homeland Security (DHS) to fix the lengthy processing time for H-4 EAD and L-2 EAD.

Now, the lawsuit is settled. According to the Lawsuit, in the future (after USCIS implements):

  • L-2 Visa holders are not required to apply for EAD in order to work.
  • Standalone H4 EAD gets automatic extension for 180 days

Let me focus on the H-4 EAD Auto extension part. Because there’s a ton of confusion.

Scenario 1: H4 EAD Auto Extension (Not Valid)

Case 1: H-1B Applied for extension along with H-4 extension and H4 EAD extension.

H-4 EAD expiry date typically matches the H-1B Visa validity period.

In this case, an H-4 extension is filed along with an H-4 EAD extension. However, as per this new settlement with USCIS from this lawsuit, there is no automatic H-4 EAD extension.

As per the settlement, H-4 EAD gets an automatic extension for 180 days if the H-4 status is active (aka valid I-94).

Example with Dates:

  • H1B expires: Jan 1, 2022
  • H-4 Expires: Jan 1, 2022
  • H-4 EAD Expires: Jan 1, 2022

On Nov 1, 2021, the attorney applied for an H-1B extension, H-4 extension, and H-4 EAD renewal.

As per current processing time at Vermont Service Center:

  • H-1B Extension: 3-5 Months
  • H-4 Extension: 9 to 12 Months
  • H-4 EAD: (9 to 12 Months) for H4 Extension + 6.5 to 9.5 Months for EAD

As per this settlement, H-4 EAD will not be auto extended for 180 days.

Scenario 2: H4 EAD Auto Extension (Valid)

Under the same scenario, one could take advantage of the new settlement by following the way to get H-4 EAD auto-extension.

  • Apply for H-1B in Premium Processing
  • H-4 Spouse travels
  • Get H-4 Visa stamp
  • Enters the USA with new I-94
  • Apply for H-4 EAD before current H-EAD expires

Then H-4 EAD will be auto-extended for 180 days.

Example with Dates:

  • H1B expires: Jan 1, 2022
  • H-4 Expires: Jan 1, 2022
  • H-4 EAD Expires: Jan 1, 2022
  • Get H1B Approved: Nov 15, 2021 (via Premium)
  • Travel and Get Visa Stamp and enter USA: Beofre Dec 25, 2021
  • Apply for H-4 EAD Extension: Before Jan 1, 2022

Getting an H-4 EAD auto extension depends on getting a Visa appointment and travel.

L-2 Incident of Status + Work Authorization

Past: L-2 visa holders are eligible to work in the USA. USCIS required L-2 visa holders to apply for EAD before they were allowed to work.

Now (After Lawsuit): L-2 Visa holders can work without applying for EAD.

Summary:

Resources will be freed up at USCIS (takes than 12 minutes to process one EAD petition). USCIS officers could now use the additional time to approve pending petitions.

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