Now that the long-awaited H-4 EAD rule has been finalized, with an effective date of May 26, 2015, many of the lingering questions regarding eligibility and the application process have been answered. Our newest MurthyDotCom NewsBrief, Overview of the New H-4 EAD Rule, should help...

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we...

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies...

Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse’s I-94 remains valid. (20.Dec.2023) Sheela Murthy and other...

Answer There typically is no need to apply for an EAD while in L2S status. There are some relatively unusual scenarios where, perhaps, it would have been best if the L2S spouse had applied for an EAD. But, for most L and E dependent spouses,...

Answer An H1B change-of-employer petition ordinarily would not have any direct impact on a spouse’s pending H-4 EAD. (14.Dec.2023) 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.  ...

Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment...

Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023) Sheela...