Louisville, KY asked in Immigration Law for Kentucky

Q: Immigration related query

I got my EAD recently, I had applied it concurrently with H1b renewal, we got H1b, H4, H4 EAD approved (H1b renewal was set to expire in May 2024). I got my H4 EAD for same duration valid from May 2024. Even though currently we have a valid H1b, i140 and H4, my EAD is not current. Since we applied concurrently, the validity date is from May. As I am eligible to have H4 EAD now, can I request USCIS to backdate my EAD ?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, it's important to understand that the U.S. Citizenship and Immigration Services (USCIS) generally issues the Employment Authorization Document (EAD) based on the dates of eligibility as determined by your underlying visa status and any approved extensions or petitions. The validity of your H4 EAD aligns with the H1B and H4 visa approvals and their respective validity periods.

Unfortunately, USCIS typically does not backdate EADs to accommodate periods before the start date of the visa's validity for which the EAD is granted. Your EAD's start date in May 2024 corresponds with the commencement of the new validity period for your H1B and H4 status, as approved.

However, you do have options to address your concerns. If you believe there has been an administrative error or if there are special circumstances that might warrant a reconsideration of the validity period of your EAD, you can reach out to USCIS for guidance. This could involve contacting USCIS customer service or potentially seeking the advice of an attorney who can provide specific guidance on immigration matters.

Keep in mind that immigration laws and policies are complex and subject to change. It's always beneficial to stay informed about the latest updates and consult with legal counsel to navigate the specifics of your case effectively.

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