Take unpaid leave of absence while H4 EAD renewal is pending and current expired?

(Anonymous) #1

H4 EAD expired, renewal pending

My current H4 EAD is about to expire on Sep 30 after waiting for 4 months in the H4 EAD renewal queue.

I was thinking if I can take ‘leave of Absence’ starting Oct 1 and join back the same employer once H4 EAD renewal has been approved?

Can this be done?

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(Anil Gupta) #2

Unpaid Leave of Absence - H4 EAD renewal pending - NO

There is NO official guidance from USCIS on this topic.

But, the common sense says that employer has to file form I9 for each employee and it can only be filed if you have valid work authorization in USA.

Since, your H4 EAD expires on Sep 30, starting oct 1, your I9 will be invalid without any legal work auth.

‘Leave of absence’ - Problem for employer with I9 validity

‘Leave of absence’ can place your employer in trouble as they can’t prove that you are eligible to work and still an employee on their payroll!

Terminate employment and Rejoin

So, the best option for your employer is to terminate your employment and you can rejoin once you have H4 EAD renewal CARD in your hand.

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(joya) #3

In a similar situation. My Employer is placing me on leave with no pay, benefits until I get the new card. I checked with my immigration attorney and he said that should be fine. although I am still skeptical.

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(Anil Gupta) #4

If your employer is fine, then you should be okay as complying with I-9 requirement is their responsibility too.

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