What H-1B Families Should Know About the H-4 EAD
For many families stuck in the EB-2 and EB-3 green card backlog, the H-4 Employment Authorization Document (EAD) is critical. It allows spouses—often highly qualified professionals—to work while the principal H-1B holder awaits permanent residence. However, the H-4 EAD remains vulnerable to policy changes, processing delays, and disruptions triggered by routine immigration events.
These are among the most common questions we receive from clients:
What happens if the H-1B holder changes jobs?
If the original I-140 was approved and then withdrawn by the former employer within 180 days, the H-4 EAD can become invalid. Confirming the I-140’s age and coordinating any transition is essential.
Can an H-4 spouse apply for an EAD while outside the U.S.?
No. The H-4 spouse must be physically present in the United States at the time of filing and while the application is pending. Filing while abroad may result in denial.
How can we minimize gaps in H-4 EAD work authorization?
Not all renewals qualify for the 540-day automatic extension. We advise filing renewals as early as 180 days before expiration, carefully monitoring receipt notices, and filing H-1B, H-4, and H-4 EAD applications together when possible.
Should we consider a different immigration status for work authorization?
In some cases, it may be appropriate to explore other options such as a cap-exempt H-1B, L-1, or F-1 with OPT/CPT, particularly if the H-4 EAD is delayed or at risk. Any change of status should be weighed carefully against long-term green card plans.
What You Can Do Right Now
If your spouse’s ability to work is tied to your I-140 and you are considering a job change, international travel, or are experiencing delays, we encourage you to speak with an attorney before making any decisions. These matters often require advance planning, and our team is here to help.
Heckler Law Group regularly advises H-1B families navigating green card delays, I-140 transitions, and H-4 EAD risks. Consultations can address timing strategies, risk mitigation, and potential alternatives to preserve work authorization for dependent spouses.
To discuss your specific situation, you may schedule a consultation with our office at any time.
Heckler Law Group is ready to guide your company through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.