H-4 EAD Work Authorization After H-1B Approval: What You Need to Know

Introduction

Many H-4 spouses and dependents of H-1B visa holders face uncertainties regarding their work eligibility and future plans. This article aims to clarify the rights and responsibilities of H-4 spouses after their H-1B petition approval, specifically regarding the usage of the H-4 EAD work authorization. Continue reading to understand the nuances and considerations involved.

Can You Continue Working with H-4 EAD after an H-1B Approval?

Yes, you can continue to work on an H-4 EAD visa even after your H-1B petition is approved. However, there are specific conditions to consider to avoid any compliance issues:

H-1B Activation

Activation of your H-1B status is a crucial factor. If you decide to start working under H-1B status or file a change of status form, your H-4 EAD authorization will no longer apply. The decision to activate your H-1B status is a serious one, and you should consult with an experienced immigration attorney before making this transition.

EAD Validity

Ensure that your H-4 EAD is valid until its expiration date and that you comply with any renewal requirements if you plan to continue working. Keeping your H-4 EAD updated is crucial for maintaining your legal work status while awaiting H-1B approval.

Employer Awareness

Your employer must be aware of your immigration status and work authorization to avoid any compliance issues. Misunderstandings or misinformation can lead to employment law violations, so clear communication is essential.

Future Considerations

Be aware that if you plan to switch to H-1B status in the future, you must stop working under the H-4 EAD and start working under the H-1B status once your H-1B becomes active. This is a pivotal point that affects your existing and future work authorization.

What to Do if the Change of Status is Denied

If your change of status application is denied, you may still retain your H-4 status. Your EAD should remain valid, and you can continue working unless it has been separately revoked. However, certain scenarios might affect your status:

H-4 and EAD Validity Post-Denial

Your EAD is typically valid and remains a form of work authorization until it expires or becomes invalid for other reasons. However, if the denial results in a canceled I-94, you may need to travel back to your home country to get your status refreshed, typically with an H-1B visa at the consulate.

Renewal and Change of Status

You may apply for a change of status again, especially if the rejection was due to a temporary absence from the U.S. Abandoning the change of status request may simplify your next attempt. Alternatively, you can leave the country, get an H-1B visa at a consular post, and return to the U.S. under the new status.

Legal Considerations

Your I-94 may be canceled in the case of a denied change of status. If this happens, you must take steps to re-enter the U.S. under the correct visa status. You have the option to file a motion to reopen (MTR) in immigration court or to apply for a replacement visa at a consulate. Both options may require a lengthy process.

It's important to note that the information provided herein is based on my knowledge and not legal advice. Always consult with an immigration attorney for personalized guidance tailored to your unique circumstances.