The automatic 540-day EAD (employment authorization) renewal no longer exists. This means that after your current document expires, if you haven’t received a new one, you cannot work—even if your extension is pending. USCIS actively pursues unauthorized work cases as a status violation.
End of 540-Day Automatic Renewal
Previously, EAD holders could work up to 540 days after filing for an extension, even if their old permit expired. This rule has been eliminated. Now, working after your current EAD expires without an approved new document is considered unauthorized work.
USCIS enforces this strictly: in recent weeks, the agency has rejected several petitions precisely because applicants worked during the period between their old EAD expiring and receiving a new one, even if the extension was filed within required timeframes.
How to File for Extension and Maintain Work Rights
It is recommended to file for EAD extension at least 6 months before your current document expires. This allows time for processing under normal circumstances. If after 6 months the extension has not been approved, you must stop working and wait for a decision.
Remember: even if you maintain valid status (for example, on H-4 or with pending 485), you cannot work without a valid EAD. Your status may be lawful, but your work authorization is not.
H-1B: 240-Day Automatic Extension Works Only Under Certain Conditions
For an H-1B worker, the maximum visa duration is 6 years if you do not have an approved I-140. If your I-140 is approved, you can typically renew H-1B for up to 3 years while awaiting your green card.
While your extension is pending, you can work for up to 240 days under normal processing. However, this rule only applies if you filed before your previous visa expired. Automatic extension is not a guarantee after 240 days—if a decision hasn’t come through, work must stop.
If your 240 days are running out, consider expedited processing, even if your employer won’t cover the cost. Premium processing costs extra, but it prevents the risk of unauthorized work.
Transitioning from H-4 EAD to Green Card: Why It Matters
There is a proposal to eliminate H-4 visa extensions. Although this may not happen, relying solely on H-4 EAD is risky. The best option is to try to obtain your own H-1B, if possible.
If you already have a pending 485 (application to adjust status), use green card EAD instead of H-4. Remember: green card EAD also has no 540-day automatic renewal. Plan alternative options—either continuing work or stopping it before each document expires.
PERM and I-140: Risk of Changing Employers Without 485
If you have approved PERM and I-140 but have not filed 485 and your priority date has not been reached, changing employers is highly discouraged. After a job change, you would have to start the PERM process again, taking at least 18 months.
The current situation is complicated: companies like Microsoft and Adobe are under enhanced USCIS scrutiny, and it’s quite possible this scrutiny could extend to other organizations. Until then, stay at your current job, then file 485 and remain in pending 485 status for at least 6 months. Only after that can you use the AC21 rule to change employers.
November Visa Bulletin: Forecast
At the time of publication, the November visa bulletin has not yet been released. It is expected to be published next week and will reflect consular data and spillovers from previous months.
The forecast suggests: EB-1 final action may remain at February 2023 or move to March 2023. For EB-1 filing, the date may shift from July to August 2024. For EB-2 final action, progress is expected from November to December 2013, with filing potentially moving from January to March 2015 in an optimistic scenario. These dates will appear in the November and December bulletins once all transfers from consular dates are accounted for.
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