H4 EAD validity date (is this right?)

[keyboard]

My spouse is on H1B. His H1B ends on Nov 2015. I am on H4 and my H4 ends on the same date. When I was about to apply for H4 EAD, my spouse's company lawyer told us that he is going to apply for H1B extension (& H4 too). He also advised that it is better to file H4 EAD along with this application. Because if we apply for H4 EAD right now with the current validity dates, EAD will be given only until Nov 2015. So we will have to apply for EAD again in Nov which would be twice the work and money. So we applied EAD along with the H1B-H4 Extension. This happened a month ago.

Today we got the approval on both. H1B - H4 expiration was given for 3 years which would be until Nov 2018. But I was surprised to see that H4 EAD validity date is from Nov 2015 to Nov 2018. We were under the impression that we we would get H4 EAD from now. That is what our lawyer initially told us too. When we checked with the lawyer now, he is saying "there might be some confusion on USCIS’s part on EAD validity dates when processing concurrent H-1B/H-4 and EAD applications. USCIS may not be able to move the validity dates of EAD up to the present. We can file a new EAD application from now to Nov 2015, which would be additional costs".

I just want to know whether USCIS made a mistake in my case or is that the way USCIS set the guidelines?

Thanks.

[shervin143]

H4 EAD is a very new process. Filing the EAD along with the extension might be the reason for all the confusion. If EAD was applied after receiving the H4 extension, EAD might have been issued from current date until the extended I-94 expiry date. Like your attorney suggested, you will either need to file another application for EAD or wait until Nov to begin working. Even if it is USCIS's mistake, if you apply for correction, it will take time for them to get it corrected. By that time, maybe the actual EAD will become effective. You can also take an infopass appointment with USCIS to check this with them.

[kabkaba]

See this. I think you can appeal or ask them reconsider.

http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

4. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4 status if the Form I-539 is adjudicated before Form I-765?

No. We will not backdate the validity date of your EAD to the time your H-4 status was granted. Your EAD will be valid beginning on the date that USCIS adjudicates your Form I-765 or the date you acquire qualifying H-4 status, whichever is later. Additionally, your EAD will expire when your H-4 nonimmigrant status expires.

[Sam1235]

H4 EAD Validity

My spouse is on H1B. His H1B ends on Nov 2015. I am on H4 and my H4 ends on the same date. When I was about to apply for H4 EAD, my spouse's company lawyer told us that he is going to apply for H1B extension (& H4 too). He also advised that it is better to file H4 EAD along with this application. Because if we apply for H4 EAD right now with the current validity dates, EAD will be given only until Nov 2015. So we will have to apply for EAD again in Nov which would be twice the work and money. So we applied EAD along with the H1B-H4 Extension. This happened a month ago.

Today we got the approval on both. H1B - H4 expiration was given for 3 years which would be until Nov 2018. But I was surprised to see that H4 EAD validity date is from Nov 2015 to Nov 2018. We were under the impression that we we would get H4 EAD from now. That is what our lawyer initially told us too. When we checked with the lawyer now, he is saying "there might be some confusion on USCIS’s part on EAD validity dates when processing concurrent H-1B/H-4 and EAD applications. USCIS may not be able to move the validity dates of EAD up to the present. We can file a new EAD application from now to Nov 2015, which would be additional costs".

I just want to know whether USCIS made a mistake in my case or is that the way USCIS set the guidelines?

Thanks.

Hi,

I am in the same situation as u were on my EAD. My EAD was also applied with H1B/H4 Extension. The EAD is valid 3 years from 7/10/2016.
How did you get this rectified. Did you file for a new EAD or was there any other way to rectify the dates?.

[Sam1235]

H4 EAD Validity date

We are in the same situation. Our Attorney filed my spouse H1b and my H4 extension along with my first EAD application. When we got my EAD the Start date on it is 7/10/2016 instead of the current date.
Do i have to File a new EAD to change the start date? or Is there any other procedure to rectify this situation. My attorney is not aware of this procedure, so I would really appreciate detailed information for anyone who has been in the similar situation. Also, could we prove that this was USCIS error and expedite this process?.

Thanks

[Sam1235]

H4 EAD Start date

We are in the same situation. Our Attorney filed my spouse H1b and my H4 extension along with my first EAD application. When we got my EAD the Start date on it is 7/10/2016 instead of the current date.
Do i have to File a new EAD to change the start date? or Is there any other procedure to rectify this situation. My attorney is not aware of this procedure, so I would really appreciate detailed information for anyone who has been in the similar situation. Also, could we prove that this was USCIS error and expedite this process?.

Thanks

[Sam1235]

H4 EAD validity date (is this right?)

We are in the same situation. Our Attorney filed my spouse H1b and my H4 extension along with my first EAD application. When we got my EAD the Start date on it is 7/10/2016 instead of the current date.
Do i have to File a new EAD to change the start date? or Is there any other procedure to rectify this situation. My attorney is not aware of this procedure, so I would really appreciate detailed information for anyone who has been in the similar situation. Also, could we prove that this was USCIS error and expedite this process?.

Thanks

[Sam1235]

H4 EAD Start date

We are in the same situation. Our Attorney filed my spouse H1b and my H4 extension along with my first EAD application. When we got my EAD the Start date on it is 7/10/2016 instead of the current date.
Do i have to File a new EAD to change the start date? or Is there any other procedure to rectify this situation. My attorney is not aware of this procedure, so I would really appreciate detailed information for anyone who has been in the similar situation. Also, could we prove that this was USCIS error and expedite this process?.

Thanks

[sirir]

Hi,

I am also in the same situation. My EAD was also applied with H1B/H4 Extension. My spouse's H1 extension start date and my H4 extension start date and EAD start date is from 09/01/2016. I was under the impression that my EAD start date would from the date of approval(in my case 04/01/2016), which turned out to be not the case. Noticed that the initial post in the thread is almost eight months old. I believe there they might have figured out the best possible way. Could you please let us know how to pre-pone the H4 EAD start date?


Thank you!

[Haritha]

H4 EAD Authorization Start date correction

Hi,

We are in the same situation.Our Attorney filed H1B extension, H4 extension and EAD (new application) altogether.We got the approval with 3 Yrs validity.But to our surprise, we got EAD start date as Sep 2016 where we are expecting it to be from the day we got the EAD approved to till H4 validity date.We could see the same situation with you people who posted this.So request you to share the process or the procedure to correect the EAD start date.Really appriciate someone who can give some quick information to correct this.

Thanks in Advance !!

[Sam1235]

My lawyer was able to call USCIS on this issue and rectify the error over phone. EAD start date was back tracked to EAD approval date, so the validity on the card is 3+ years. USCIS office was very helpful, she back tracked the date over phone and asked us to mail back the original card along with the letter she emailed us to USCIS center. We mailed the card on April 2nd, still waiting for the new card to arrive. I'll update here again after I receive the card.

So I suggest you contact USCIS through your lawyer and proceed from there.

[Haritha]

My lawyer was able to call USCIS on this issue and rectify the error over phone. EAD start date was back tracked to EAD approval date, so the validity on the card is 3+ years. USCIS office was very helpful, she back tracked the date over phone and asked us to mail back the original card along with the letter she emailed us to USCIS center. We mailed the card on April 2nd, still waiting for the new card to arrive. I'll update here again after I receive the card.

So I suggest you contact USCIS through your lawyer and proceed from there.

Thanks for the reply Sam1235. The information you shared here gave some hope. But I have one more question. What did you mention in I-765 section 18? In My case, my attorney mentioned as "H1 B extension filed concurrently" in that section, because of which my EAD start date was given as my spouse's H1 extension start date. If yours I-765 application says the same, I would contact my attorney on this and ask him to contact USCIS over phone.

Thank you very much in advance !!

[gunjan710]

Thanks Sam1235 for providing details. We have similar case where USCIS approved EAD with future start date. We raised service request for our case.
I want to know if this is considered USCIS error?
Also I want to know how much time did it take for you to get new card after sending older EAD card?

Thanks for the reply Sam1235. The information you shared here gave some hope. But I have one more question. What did you mention in I-765 section 18? In My case, my attorney mentioned as "H1 B extension filed concurrently" in that section, because of which my EAD start date was given as my spouse's H1 extension start date. If yours I-765 application says the same, I would contact my attorney on this and ask him to contact USCIS over phone.

Thank you very much in advance !!

[gunjan710]

Thanks Sam1235 for providing details. It was very helpful.
Did you receive the card yet?
We are trying to raise Service request mentioning that this is USCIS error. Does USCIS accepts this as their error?

[Palak Dhruv Panchal]

My lawyer was able to call USCIS on this issue and rectify the error over phone. EAD start date was back tracked to EAD approval date, so the validity on the card is 3+ years. USCIS office was very helpful, she back tracked the date over phone and asked us to mail back the original card along with the letter she emailed us to USCIS center. We mailed the card on April 2nd, still waiting for the new card to arrive. I'll update here again after I receive the card.

So I suggest you contact USCIS through your lawyer and proceed from there.

Hi, could you tell me who was your attorney. May be I could avail their services. I am in the same situation. how did it take to receive your new card with correct validity date?