My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?
24 Nov 2021Answer
There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer’s perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But immigration law does not specifically prohibit an H-4 dependent spouse from being on unpaid leave while waiting for an EAD renewal to be approved.
In practice, it seems unlikely that the USCIS would view this as a form of unauthorized employment. However, until the USCIS provides clear guidance, we cannot say there is zero risk. (24.Nov.2021)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved