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Citizenship

Can I Work If My H-4 EAD Expires During a Shutdown?

If an H-4 EAD expires during a shutdown, you can only keep working under a 180-day automatic extension if you filed Form I-765 before expiry and your I-94 remains valid beyond the EAD end date. Otherwise, stop work on the expiration date to avoid unauthorized employment.

Last updated: October 1, 2025 8:12 pm
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Key takeaways
Automatic 180-day EAD extension applies only if I-765 renewal filed before EAD expiry.
Extension requires H-4 I-94 to remain valid beyond the EAD end date.
If either condition fails, working after EAD expiration is unauthorized even during shutdowns.

Workers on H-4 EADs face a narrow path if their card expires during a government shutdown while a renewal is still pending: most can’t keep working unless they qualify for an automatic extension. Under current rules, the automatic extension applies only when both of these conditions are true:

  • the renewal Form I-765 was filed on time (before the current card expired), and
  • the person’s H-4 status—shown on a valid I-94—remains in place beyond the EAD’s expiration.
Can I Work If My H-4 EAD Expires During a Shutdown?
Can I Work If My H-4 EAD Expires During a Shutdown?

If either piece is missing, work must stop the day the card expires. While that can feel harsh, it is the clear line federal agencies use to decide who may continue working during a shutdown and who must pause until a new card is approved. According to analysis by VisaVerge.com, this line holds even if agency backlogs stretch because of the shutdown and workers feel pressure to fill shifts or meet project deadlines.

How a shutdown affects processing

USCIS, the agency that decides H-4 EAD renewals, is mostly funded by application fees, so it stays open in a shutdown. That means cases keep moving, receipts keep issuing, and adjudicators keep working. But a shutdown can trigger ripple effects across the system, including staffing shifts and slower handoffs with other agencies. Applicants should expect possible delays, even if modest.

By contrast, the Department of Labor (DOL), which handles Labor Condition Applications tied to H-1B filings, suspends many services during a shutdown. That DOL pause does not directly affect H-4 EAD renewals (which are handled by USCIS), but it adds stress for families tied to H-1B employment. If an H-1B spouse can’t complete certain steps on time because DOL systems are down, the household may feel extra strain while also watching the H-4 EAD calendar.

The automatic-extension rule — what matters

The key fact for H-4 spouses is straightforward: you can keep working only if you are covered by an automatic extension. Important details:

  • The automatic extension can last up to 180 days.
  • It activates only when:
    • a timely Form I-765 renewal is on file before the old EAD expires, and
    • your H-4 I-94 shows valid status beyond the EAD’s end date.
  • If your I-94 already expired or will expire before the EAD end date, the extension does not apply.
  • If your renewal was filed after expiration, the extension also does not apply.
  • Working after the card lapses without qualifying for the extension counts as unauthorized employment, which can cause problems in later filings.

What USCIS being open does — and doesn’t — mean

USCIS has said it continues operations in a shutdown, so workers sometimes assume leniency follows. It does not. Rules do not loosen during a shutdown.

If you qualify for the automatic extension, keep clear proof on hand:

💡 Tip
If you’re on an H-4 EAD, confirm your I-94 stays valid beyond the EAD end date and that your I-765 renewal was filed on time to qualify for the 180-day automatic extension.
  • the expired EAD,
  • the I-765 receipt notice, and
  • the I-94 showing valid H-4 status beyond the EAD’s end date.

If you don’t qualify, stop work on the day the card expires and wait for approval. Employers need to treat this as a hard stop as well.

Examples that show how the rule plays out

  • Example 1: A software engineer on H-1B and a spouse on H-4 EAD file the spouse’s renewal 120 days before the EAD expired. The spouse’s I-94 remains valid well past the EAD end date. Even during a shutdown, the spouse can keep working under the automatic extension while USCIS processes the renewal.

  • Example 2: A household where the H-4 I-94 is set to expire two weeks after the EAD. Even with a timely I-765 filing, the automatic extension ends when the I-94 lapses. If the renewal hasn’t been approved by that date, the spouse must pause work.

The outcomes differ sharply based on the I-94 date and the timing of the I-765 filing.

Employer responsibilities and risks

Employers face their own tightrope. HR teams should:

  • Track EAD expiration dates and I-94 validity for H-4 workers.
  • Expect slower case movement during a shutdown and plan coverage accordingly.
  • Understand that allowing an employee to work after expiration when not covered by the automatic extension risks compliance issues (I-9 problems, audit questions).
  • Communicate clearly and well ahead of deadlines to prevent last-minute disruptions.

What you can — and cannot — do to speed approval

Applicants often ask whether submitting extra documents can push USCIS to approve EADs faster. The short answer: no rule change or special shortcut applies in a shutdown. USCIS processes cases as resources allow, and premium processing does not apply to Form I-765. Families should focus on what they can control:

  1. File early.
  2. Confirm H-4 status remains valid long enough to cover any gaps.
  3. Keep all required documents handy for employers.

Policy context and how rules apply in a shutdown

  • USCIS stays open during a government shutdown because it is largely fee-funded, so H-4 EAD renewals continue to be processed. Still, delays may occur.
  • DOL services pause during a shutdown, including LCA processing. This does not directly affect H-4 EAD renewals but can add pressure to H-1B households.
  • Automatic extension is limited to 180 days and applies only if:
    • the renewal was filed before the EAD expired, and
    • the H-4 I-94 is valid beyond the EAD expiration.
  • If the extension does not apply, work must stop when the EAD expires. Continuing to work counts as unauthorized employment.
  • A pending renewal alone does not allow work after the EAD expiration if the automatic-extension conditions are not met.

Workers sometimes think a shutdown means “no one will check.” That is risky. Employers must still complete and update I-9s, and workers must still meet the rules that allow them to work.

⚠️ Important
Do not assume leniency during a shutdown: if you don’t meet the automatic-extension criteria, you must stop working the day the EAD expires to avoid unauthorized employment.

If covered by the automatic extension, present the expired H-4 EAD, the I-765 receipt notice, and the valid I-94 record. If not covered, do not work until the new card is approved. The safest next step is often to ask HR to review documents now, rather than after the card lapses.

Practical steps for workers and employers

  • Check the date on your I-94. If it is valid past the EAD expiration and you filed the renewal before expiration, you may be covered by the 180-day automatic extension.
  • Confirm your filing date. A late Form I-765 filing cancels the automatic extension. Keep the receipt notice and share it with your employer as needed.
  • Plan for a pause if you are not covered. Set a firm last working day equal to the EAD expiration, and ask HR about leave options or schedule changes.
  • Avoid unauthorized employment. Working even a day without valid authorization can create long-term problems on future filings.
  • Keep records organized: copies of the expired EAD, I-94, and I-765 receipt. Employers should keep I-9 files current and note the automatic extension period.
  • Watch for case movement. USCIS remains open in a government shutdown, but don’t assume faster decisions—prepare for possible delays.

Helpful official links

  • For official guidance on automatic EAD extensions: USCIS: Automatic Employment Authorization Document (EAD) Extension
  • For renewal filings (Form I-765): USCIS: Form I-765, Application for Employment Authorization
  • For extending H-4 status (Form I-539): USCIS: Form I-539, Application To Extend/Change Nonimmigrant Status

The human impact and the core message

The human cost of even a short break in work is real. Mortgage payments, childcare bills, and college tuition do not pause during a government shutdown. The automatic extension aims to cushion that shock when people have done two things: filed early and kept their underlying H-4 valid beyond the EAD’s end date.

Some families meet those steps; others—because of travel, job changes, or slow adjudications on H-1B extensions that affect the H-4—may fall outside the extension and face an immediate stop-work date. Those families often juggle savings, tap credit, or rely on a single salary while they wait.

Some workers wonder whether they should quit before the expiration date to avoid risk. That’s usually unnecessary if they are covered by the automatic extension. They can keep working with the expired card, the I-765 receipt, and an I-94 that remains valid beyond the EAD’s end date. Employers should accept that set as proof during the automatic extension period.

If you’re unsure whether you qualify for the automatic extension, put these facts on one page:

  • EAD end date
  • I-94 end date
  • Date USCIS received your I-765 renewal

If the renewal receipt date is on or before the EAD expiration and the I-94 goes beyond that expiration, the path is clear. If not, set a pause date. During a shutdown, holding to those dates helps avoid surprises.

The basic message does not change with politics or budget fights: You can keep working only if the automatic extension applies. Otherwise, stop on the EAD expiration and wait for approval to return. Families that plan ahead—by filing early and keeping H-4 status valid long enough—are best positioned to weather a shutdown with less disruption to work and home life.

Frequently Asked Questions

Q1
What two conditions must be met to continue working if my H-4 EAD expires during a government shutdown?
You must have filed Form I-765 to renew your EAD before the current card expired, and your H-4 I-94 must remain valid beyond the EAD’s end date. Both conditions are required for the automatic 180-day extension; if either is missing, you must stop work on the expiration date.

Q2
Does USCIS staying open during a shutdown mean my EAD renewal will be processed faster?
No. USCIS often remains open because it is fee-funded, so it continues processing renewals, but shutdowns can cause staffing shifts and delays. There’s no guaranteed speed-up, and premium processing does not apply to Form I-765.

Q3
What documents should I show my employer if I qualify for the automatic extension?
Provide the expired EAD, the I-765 receipt notice showing the timely filing date, and your I-94 that demonstrates H-4 status valid beyond the EAD expiration. Employers should retain these as proof of continued authorization during the extension period.

Q4
What happens if I continue working after my EAD expires and I don’t qualify for the extension?
Continuing to work is unauthorized employment, which can create serious problems for future immigration applications and status adjustments. Employers could face I-9 compliance issues. If you don’t qualify, stop work on the EAD expiration and wait for USCIS approval.

VisaVerge.com
Learn Today
H-4 EAD → Employment Authorization Document issued to eligible H-4 dependent spouses allowing legal work in the U.S.
Automatic extension → A temporary 180-day continuation of work authorization when renewal and status criteria are met.
Form I-765 → USCIS form used to apply for or renew an Employment Authorization Document (EAD).
I-94 → Official arrival/departure record that shows the validity period of a nonimmigrant’s status in the U.S.
USCIS → U.S. Citizenship and Immigration Services, the agency that adjudicates EAD applications.
DOL → U.S. Department of Labor, which processes LCAs and may suspend services during a shutdown.
Unauthorized employment → Working without valid authorization, which can harm future immigration filings and status.

This Article in a Nutshell

H-4 EAD holders whose cards expire during a government shutdown face a narrow path: continued work is permitted only if the applicant filed Form I-765 before the EAD’s expiration and the H-4 I-94 remains valid beyond that expiration. USCIS typically remains open in a shutdown—processing and issuing receipts—but delays and interagency slowdowns may occur. The DOL may suspend services, affecting related H-1B processes. If automatic-extension conditions are not met, the worker must stop on the expiry date to avoid unauthorized employment. Employers should track EAD and I-94 dates, request I-765 receipts, and plan coverage. Filing early, keeping documentation organized, and confirming I-94 validity are the best steps to minimize disruption.

— VisaVerge.com
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Robert Pyne
ByRobert Pyne
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Robert Pyne, a Professional Writer at VisaVerge.com, brings a wealth of knowledge and a unique storytelling ability to the team. Specializing in long-form articles and in-depth analyses, Robert's writing offers comprehensive insights into various aspects of immigration and global travel. His work not only informs but also engages readers, providing them with a deeper understanding of the topics that matter most in the world of travel and immigration.
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