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Recently USCIS made a rule of 540 days to provide some relief to the millions of pending applications. Delays processing millions of visas, work permits, green cards, and naturalization petitions, as well as cases languishing in immigration courts. As part of 540 days rule certain renewal applicants who have filed form I-765 application for employment authorization qualify for an automatic extension of their expiring employment authorization and/or EAD, while their application is extending.
1. Properly filed form I-765 for a renewal of your employment authorization and/or EAD before your current expired
2. Are otherwise eligible for a renewal which means that:
a. One day your renewal application is under a category that is eligible for an automatic extension, see the list of categories below;
-for H4, E and L-2 dependent spouses an unexpired form I-94 indicating H4, E or L-2 nonimmigrant status, (including E1S E2S E3S and L2S class of admission codes) must accompany form I-797C when presenting proof of employment authorization to an employer for form I-9 employment eligibility verification purposes.
If you file a form I-765 renewal application on or after May 4th 2022, the USCIS will send you a form I-797C notice of action receipt notice, that is information regarding the up to 540 day automatic extension. If you are eligible for the automatic extension this receipt notice, together with your expired EAD (and your unexpired form I-94, if you are an H4, E or L2 dependent spouse, including E1S, E2S, E3S and L-2S class of admission codes) will serve as acceptable proof of authorization and/or EAD validity during the up to 540 day automatic extension period.
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