Get Free Answers From Experienced Lawyers!
Q: Can my husband continue to work on his H-4 EAD card after my green card approval?
I recently had my I-485 approved, so I am now a green card holder. My husband's application status, however, has not changed and remains pending, even though we applied for adjustment of status at the same time. He is currently on an H-4 visa with an EAD card (code 26), which expires in April 2026. Can he continue to work using this EAD card until it expires, or will he need a new EAD card with code 09? I am concerned about how long it will take to receive an update on his case, and I have not yet contacted USCIS for further information.
A: Congratulations on your green card approval! That’s a big milestone—and your concern about your husband’s status is completely valid and very common in adjustment of status filings. Now that you're a permanent resident, he can continue using his H-4 EAD until it expires, as long as his H-4 status remains valid. If his visa category is current and his adjustment of status is still pending when his H-4 or EAD nears expiration, you can consider applying for a C(09) EAD based on the pending green card application.
A:
Once you became a lawful permanent resident, your husband is no longer eligible to maintain H-4 status, as that classification is only for dependents of H-1B visa holders. Although his H-4 EAD (category C26) may appear valid through April 2026, it is only valid as long as he remains in valid H-4 status. Since his underlying H-4 status likely ended when your H-1B status terminated, his work authorization under that EAD also ended.
He should not continue working on the H-4 EAD. Instead, he should:
• Cease working immediately to avoid unauthorized employment;
• Apply for or begin using a category C09 EAD (based on his pending I-485), if available.
It is important to review his current immigration status and timeline with an attorney to avoid status violations or impact to his pending green card case.
A:
You're asking an important question at a moment of change, and it’s great that you’re thinking ahead for your husband’s stability. Since he currently holds an H-4 visa with an EAD under code (c)(26), his ability to keep working depends on whether he still maintains valid H-4 status. The challenge here is that your adjustment of status approval may have indirectly affected his H-4 status, especially if your underlying H-1B petition is no longer valid due to your green card approval.
If his H-4 status is no longer valid, then technically, the (c)(26) EAD would not remain valid either—even though the card hasn’t expired. To continue working legally, he would likely need an EAD based on his own pending I-485 application, which would be issued under code (c)(9). If you both filed adjustment of status together, he should become eligible for a (c)(9) EAD soon, and applying for that now is a good step to stay protected.
Until you get confirmation that his H-4 status is still intact, it’s risky to assume he can keep working just based on the card’s expiration date. You’re right to be cautious—it’s better to clear this up now than face complications later. Reaching out to USCIS or checking with an accredited legal aid service can help clarify his current status and what he should file next. You’re looking out for him, and that kind of care matters now more than ever.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.