H4-EAD start date nightmare
Was in H1b and laid off right before the Holidays in Dec. Luckily my spouse was starting her H1b extension. So I concurrently filed my H4 + H4 EAD along with her H1b ext. in premium processing in Jan (this was hard financially along with the layoff, but glad I was able to maintain status) But USCIS has approved H4+H4 EAD with a validity start date sometime in May 2024 with notice date in Jan 2024. Am I considered in status till May 2024? How does this work? I am guessing USCIS made a mistake and did not consider my start date in the H4 COS application & just gave the same date as my spouse's H1b extension. Is there a way to correct this? UPDATE: Spoke with a lawyer. As long as the receipt/notice date is within the H1b grace period, I am considered NOT "out of status". She couldn't say whether I will be in H1b or H4 between end of grace period & May 2024 (seems like a rare gray area, since this was an error on the USCIS side). But won't be able to work till the start of the EAD. Has anyone experienced something similar? Any luck in correcting these start date errors? TC: 0 Yoe: 8 #workvisa #h4 #h4ead
Take help from spouses immigration team. Usually start date is same as mentioned in your h4 application. Worth giving them uscis a call and trying to get assistance, if it’s their mistake they will help out.
Tried calling USCIS today. No agent available. Will try again tomorrow. Is it common to see different start dates in I-797A and actual EAD?
When you call, try saying ‘Infopass’ to get to an agent if needed after receiving your physical EAD card
Whats the expiry date on h4 ead ?
Haven't received the EAD yet. The I797 approval notice for work authorization (i765) is 3 years from May 2024
You are out of status until May 2024, with H1B grace period of two months, mostly by Feb check if your H4 status start date and you may incur unlawful presence for 3 months. Talk to an attorney immediately.
Will be talking to one. Trying to find an appointment
Hi , the moment your change of status is filed - you are not out of status . You very well can continue here and start work once your ead comes
Even if the validity date in I797 approval (for both H4 & EAD) is in future (May 2024 in my case)?
@OP- consult your immigration attorney ASAP. I may face this same situation in the future and my attorney told me I would be out of status after date of approval as validity date is in the future. You may have to leave the country and come back
Will be speaking with one this week. What exactly is your situation? Do you have an expected gap between your H1b I94 and H4 approval notice I94?
Posting it so everyone might find it helpful. My lawyer told that I won't be out of status as long as the notice/received date for H4 is within 60 days grace period (at least based on my case). But correcting the error is a slow and tedious process it seems.
Ead card should have a start date when it was approved, ie Jan, have you got the card yet?
I haven't received the card yet. But the I797 approval notice for both COS & form I765 says the validity start date as May 2024. Can the EAD have a start date different from that in I797 approval notice?
Yes, would suggest you not to panic and wait for the card, all the best :)