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As of October 30, 2025, USCIS (via DHS Interim Final Rule) ended the automatic extension of employment authorization documents for H-4 EAD renewals filed on or after that date.
Under this rule:
- If you file your I-765 renewal on or after Oct 30, 2025, you do not get any automatic extension while the renewal is pending.
- Your work authorization ends the day your current EAD expires and does not resume until USCIS approves and issues the new EAD.
- Employers must treat an expired EAD (even with a receipt notice) as not authorized for work under Form I-9
H-4 EAD Renewal – Automatic Extension Rule
| Renewal Filed | Auto-extension Applies? | Work Authorization While Pending |
|---|---|---|
| Before Oct 30, 2025 | Yes — up to 540 days (if eligible) |
Yes
Tied to Form I-797C receipt + valid EAD/I-94
|
| On/After Oct 30, 2025 | No automatic extension at all |
No
Must wait for new EAD card approval
|
H4 dependents must file the H4 EAD i765 application before working in the US.
L2 dependents can work without filing an EAD. Earlier, they were required to file the i765 form explicitly but it is not required now.
If an EAD is required for your case, you can work until you get the renewed EAD card or are eligible for auto-extension.
USCIS rule removed 540-day EAD auto extension for all EAD applications.
- L2 EAD holders whose category code is A(1)(8) can now work using their L2 i94. There is no need to file form i765.
- A (C05) J-2 spouse or minor child of a J-1 exchange visitor cannot work based on receipt for their EAD extension.
Auto EAD Extension Options
How to get an H4 EAD Auto Extension with a short i94? This is the most asked question on our H4 EAD forum.
There are no auto extension options available now.
The only possible way to save your H4-EAD job is to file H1B, H4 and EAD as premium in one package.
H-1B, H-4 & EAD in Premium (Fastest)
File H-1B, H-4 and EAD together in Premium.
This is currently the fastest and safest way to get the H-4 EAD approved. When filed together in premium processing:
- No need to rely on any auto-extension
- Faster adjudication for all applications
- Greatly reduces the risk of job interruption
Regular filing
If you filed H-1B, H-4 and H-4 EAD together in regular processing, you can upgrade the H-1B to premium.
- High chance all three get approved within 15 days
- If only H-1B is approved first, H-4 and EAD often follow within 1–30 days
- This trend has been commonly observed in recent cases
H-1B Approved, H-4 & EAD Pending
If H-1B is approved, but H-4 and EAD are still pending, then, there is no way to obtain an auto-extension. You must wait for approval unless you take legal action. A mandamus lawsuit asks a federal court to order USCIS to act on your delayed case.
- ~75% success rate when court accepts the case
- Attorney cost typically ranges from $6,000 – $10,000
- You may also file on your own (Pro Se) case yourself in court
- Services like Pro Se Pro can prepare the package while you file it yourself
Interim EAD – Work for Some Days?
Many people ask if they can keep working based on the H4 EAD extension receipt even after the current one has expired for a couple of days.
The answer is that you cannot work after the expiration of your EAD card validity. You have to stop working the same day the EAD expires.
i765 Notice of Action
The i765 notice of action (i797) sent by USCIS may have a general language that you are allowed to keep working for up to 180 or 540 days.
Note that this is a generic message about automatic renewals available if your EAD application is pending in the category allowed by USCIS.
Interim EAD is given to help the continued employment when USCIS is taking time to approve the EAD renewal application.
Can I work if H4 EAD Renewal is in the process?
You cannot work if your existing H4 EAD card has expired and your H4 i94 has expired while renewal is in process.
Unpaid Leaves or Termination
Some employers and attorneys suggest going on ‘unpaid leave’ and returning to work once you have got your new EAD card.
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In our opinion, the job should be terminated by the employer and you can rejoin once you get an H4 EAD work permit.
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See how our AI transforms your phone photo into an embassy-ready passport picture!- Many attorneys recommend that your employer terminate your employment and I-9 to avoid unnecessary compliance issues later.
- The employer has to fill out form I-9 to report legal employment to the government and IRS and hence cannot keep you on the payroll.
It is also for your benefit to stop working as the status issues might crop up at the time of green card processing, which may hurt more than a couple of days or a month’s salary now.
You can talk to your employer and attorney to check if they are okay with letting you go on a leave of absence while your EAD card renewal is pending.
FAQ
You cannot work on the H4 EAD receipt or an approval status on the USCIS website.
A physical H4 EAD card is required to work.
You cannot work if your existing H4 EAD card has expired and renewal is in process.
You should get the approved H4 EAD card in your hand to restart the work.
H4 EAD can open an LLC and do any business.
There are no restrictions on the H4 EAD job.
You can do any type of job like Walmart sales executive, insurance agent, drive Uber, or IT consulting.
You cannot file EAD from India or Canada.
You have to be physically present in the USA to have valid H4 or L2 status and then file the EAD application.
What you can certainly do is file H4 EAD while you are in the USA and then exit the USA. You can return to the US when your H4 EAD gets approved.
