With the growth of dual-career households in the H-1B/H-4 immigration community, work authorization under the H-4 EAD program remains critically important to families across the U.S. While USCIS now permits automatic extensions of timely-filed H-4 EAD renewal applications, this benefit only applies when the H-4 visa holder also holds an unexpired I-94 at the time the EAD expires. Unfortunately, processing delays at USCIS mean that H-4 and EAD extension applications are frequently still pending even after the EAD card has expired — particularly in situations where the H-4/EAD were filed after, rather than concurrently with, the H-1B petition.

In such cases, there is a potential workaround to preserve the H-4 spouse’s work authorization: international travel to Canada or Mexico for purposes of obtaining an updated H-4 I-94, which can automatically extend the H-4 EAD by up to 540 days under USCIS’s current auto-extension rule.

The EAD Auto-Extension Rule: When It Applies

H-4 EAD holders are eligible for an automatic extension of their expiring EAD if:

1. The EAD renewal (Form I-765) was timely filed before the current EAD expired;
2. The renewal category is (c)(26) (H-4 spouse of H-1B nonimmigrant); and
3. The H-4 visa holder has an unexpired I-94 at the time the EAD expires.

The extension can last up to 540 days from the EAD expiration date, or until the H-4 I-94 expires — whichever comes first.

If the H-4 I-94 has already expired when the EAD expires, the automatic extension does not apply. However, if the H-4 I-94 is still valid but shorter than the potential 540-day extension, the H-4 spouse can potentially obtain a new I-94 — and thus a longer EAD auto-extension — by briefly traveling outside the U.S.

Using Travel to Canada or Mexico to Obtain an Updated I-94

A brief trip to Canada or Mexico can sometimes result in the H-4 spouse being issued a new I-94 with an extended end-date upon return to the U.S., based on the H-1B principal’s most recent I-797 approval notice. This strategy may be used even when the H-4 traveler’s visa stamp is expired, thanks to the automatic visa revalidation (AVR) policy.

When Should This Strategy Be Used?

The ideal strategy to avoid EAD lapses remains filing the H-1B, H-4, and EAD concurrently — with H-1B in premium processing — to ensure that the H-4 and EAD are adjudicated quickly. However, in situations where:

• The H-1B has already been extended, and
• The H-4 and EAD are still pending, and
• The H-4 I-94 is still valid but nearing expiration, and
• The current EAD is about to expire,

then travel to obtain an updated H-4 I-94 may be a last-resort option to trigger the 540-day EAD auto-extension and prevent a work authorization gap.

Key Tips for Success

1. Travel before the current H-4 I-94 expires.
   • This strategy only works if the H-4 I-94 is still valid on the date of departure and re-entry.
   • If the I-94 is already expired, the H-4 spouse should remain in the U.S. and await or USCIS’s approval of the I-539 and I-765, even if it results in a work authorization gap.
2. Travel with the H-1B spouse, if the H-4 visa holder will be using AVR to re-enter the U.S. with an expired passport visa.
   • When the H-4 and H-1B spouses return to the U.S. together, CBP officers often (though not always) issue a new H-4 I-94 with the same end-date as the extended H-1B I-797.
   • If the H-4 travels alone using AVR, CBP is only required to issue an I-94 with the same validity as the current unexpired I-94 — which would not help extend the EAD auto-extension.
3. Travel by air, and plan for at least a 2-day trip.
   • Air travel improves the chance of receiving a new I-94 upon re-entry.
   • Short trips or land border crossings frequently result in no I-94 being issued at all, which defeats the purpose.

Automatic Visa Revalidation (AVR): Requirements

Automatic revalidation allows a nonimmigrant to re-enter the U.S. with an expired passport visa under the following conditions:

• The traveler is returning to the U.S. from Canada or Mexico only;
• The absence from the U.S. lasted 30 days or less;
• The traveler did not apply for a new U.S. visa while abroad; and
• The traveler has an expired nonimmigrant visa and an unexpired Form I-94.

Mexico is often preferred for such trips, because many H-4 travelers do not need a Mexican tourist visa if they hold a U.S. visa (even expired) issued within the past five years. Canada, in contrast, typically requires a visitor visa unless the traveler is from a visa-exempt country.

Documents to Carry for Re-Entry into the U.S.

To ensure the best chance of success, both the H-1B and H-4 travelers should carry and be prepared to present the following documents when re-entering the U.S.:

For the H-1B Principal:

• Original, unexpired H-1B approval notice (Form I-797) with I-94 attachment
• I-94 printout from CBP website for H-1B status, if the I-797 Approval Notice does not include the I-94 attachment
• Recently-dated employment verification letter from the H-1B employer
• Most recent pay statements
• Valid passport
• Expired H-1B visa stamp (if using automatic revalidation)

For the H-4 Dependent:

• Current H-4 approval notice (Form I-797) with I-94 attachment for H-4 status, if any
• I-94 printout from CBP website for H-4 status, if there is no I-797 Approval Notice for the most recent H-4 status
• Copy of the H-1B spouse’s approval notice (Form I-797) with I-94 attachment
• H-1B spouse’s I-94 printout from CBP website for H-1B status, if the I-797 Approval Notice does not include the I-94 attachment
• Copy of current H-4 visa stamp (even if expired)
• Valid passport
• Original and a photocopy of the marriage certificate 

It’s also a good idea to carry a return flight itinerary and proof of recent travel dates to show CBP that the trip was short and solely to Canada or Mexico, meeting AVR requirements. It is strongly advised to verify the I-94 details immediately after re-entry and save a copy from CBP’s I-94 website.

For those exploring this option, it is recommended to consult with an immigration attorney before making travel arrangements, especially to confirm eligibility for AVR and to evaluate the timing and risks specific to your case.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy & Neumann. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.