EAD for H4 Filing Experience

EAD for H4 Filing Experience – Check List, Covering Letter, How to Guide

In Immigration| Visas by Guest Author28 Comments

Recently, one of my very good friend’s family filed for EAD with USCIS, under the recently passed EAD for H4 Rule. They were kind enough to share their EAD filing experience. Thanks to Siva and his family for sharing their short and sweet experience. You can share your experience by emailing us at [email protected] or using this form

Background:

We qualify for EAD for H4 under the I-140 approved category.  The applicant is on H-4 Visa and currently residing in USA.   The application was filed using the below set of documents.

EAD for H4 Documents Checklist :

  • EAD Application Fee check for $380.
  • Completed form I-765, Application for Employment Authorization
  • Copy of my passport ( Front, Back and my VISA page )
  • I-797A Approved form (H4 Holder’s)
  • I-797A My Spouse approved form (H1B Holder’s)
  • I-797 My Spouse approved I 140
  • Copy of my husband’s passport ( H1B Holder’)
  • Copy of my Marriage Certificate
  • Copy of my ITIN number ( Individual Taxpayer Identification Number)
  • 2 Color photos ( 2×2 inches passport photos )

Instructions for Filing I-765 EAD form for H-4 Visa Holders

The EAD application for H4 visa holders is pretty straight forward. The answer for question 16 needs a bit of reading. Here are the suggestions.

  • Question 16 Eligibility Category: For H4 person who want to apply of EAD need to fill in like (C)(26)() . Do not worry about the blank parenthesis.
  • Question 18 Receipt Number : Answer to question 18 is the latest approved H1B approval receipt number of the H1B holder.
  • Also, The application fee check for $380 USD
  • ITIN number copy is not required.

Covering Letter for H4 EAD Application Sample

We have included a covering letter just to make sure, it lists all the documents as a general good practice.  You may download the Sample H4 EAD Covering Letter.

Is there any other H4 EAD filing tip that you want to share?  Add your thoughts as comments….

If you filed EAD for H4, please add your case to H4 EAD Case Tracker to share and track your case.

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Comments ( 28 )

  1. MK

    I am planning to apply for EAD for my wife. She is on H4 visa but she does not have her own H4 version of I-797. Can I just submit my H1’s I-797 for her EAD?
    Please reply ASAP.

  2. nawaz

    Hi All,

    I am applying for H4 EAD for my wife but there is a possibility we might have to relocate while the application is being processed. Will updating USCIS with AR-11 form be enough or can I give my friend’s address instead so that he can receive it and mail me the document to us instead?

    Thanks for your help in advance 🙂

  3. Ali

    Who should be signing the document under the ‘Certification’ section? Is the primary H1 holder or the spouse who is on H4 visa?

    1. Ali

      I had the same question too but if you thing about it, the first checkbox that you are checking says “I am applying for…..” . Hence I concluded it should be my wife (H4 holder) . Someone can correct me if I am wrong.

  4. nandini manjunath maram

    Hi I am applying for H4 EAD , my spouse H1 Transfer to new employer was approved and have a copy of the same where as my H4 case also approved with out any update on approval copy.

    Can you suggest what can be done to get H4 approval copy ? Can i submit my EAD application with spouse H1B extension copy alone?

  5. Deepak

    Hi,

    Just one page of approved I 140 copy (I-797) with priority date is sufficient for H4 EAD. My employer just provided that one page.

    Thanks,
    Deepak

      1. Deep

        Thanks Saurabh. I also have related questions.

        Both I and my wife (h4) got our visas stamped during last India trip and we happened to renew our passports during the same trip. So the old cancelled passport has stamping for both of us. The old passport also has expired stamping of my previous employer. So do we need to submit all of the following:

        1) New passport bio pages of both of us
        2) Old passport bio (with cancelled stamp) and visa pages

        So for point 2, do we need to submit visa stamping of old company as well as new company ?

        Also they have listed the following identity documents that need to be submitted in the uscis site.

        Birth certificate with photo, passport bio pages, visa stamping and national identity document. In this my wife doesn’t have birth certificate with photo and we are not sure about the national identity document (aadhar?). Is it enough if the passport bio page and visa page alone are submitted for this?

        1. administrator
          Saurabh

          Deep,

          Yes, submit bio pages from both passports and all visa stamps (valid and canceled) from old passport. I don’t think the old company’s visa stamping is required, but better to share more than less.

          You need to submit at least one of the docs from the list to establish the identity. Submitting bio page of the passport should be enough. Also, its Birth Certificate with Photo Id – it means you need to submit birth certificate and another document (like DL) having the photo. If the birth certificate has a photo, then that would be a baby photo 🙂

  6. sas

    Hy I have received my approved I-140 , I applied H4 EAD for my spouse is it mandatory for my wife to stay in the country while the H4 EAD in process? please reply with your experience, as we have some immediate travel plans. Hope you are still monitoring this thread.

    1. administrator
      Saurabh

      Shrikant patil,

      Yes, submit I-94 copy of both H-1 and H-4 visa holder. If you don’t have one, you can generate it yourself online through CBP site.

  7. Praveen

    Hi,

    My H1B is still under processing and I would like to apply for H4 EAD extension. Should I send the documents to USCIS Dallas or USCIS Vermont (as my H1 and spouse H4 is still under processing).

  8. VIVEK CHANDRASEKARAN

    Hello,
    Do we need to send the original copy of spouse’s I797 form for H1-B and I797 for I140? Or just the photocopy is enough? Should we notarize all these photocopies? Thanks.

    1. administrator
      Saurabh

      VIVEK CHANDRASEKARAN,

      When submitting the EAD application, you need to submit copies of I-140 and 797. No need to notarize.

  9. Kumar

    Hi,
    For a H4 EAD application have the following questions. Any help is greatly appreciated.
    1) From the sample cover letter, is it safe to assume the order of stacking the documents is the order listed on the cover letter?
    2) Is it ok to staple the documents or should we not?
    3) Can we file it ourselves or should we go with a attorney ?

    1. administrator
      Saurabh

      Kumar,
      1. Just mention on the cover letter that “find following documents enclosed in this order” …
      2. Don’t staple. Use the paper clip and bound them together.
      3. You can do it yourself but if you are not comfortable then get an attorney. At times, H-1 holder’s attorney will do it for free (bill to H-1 employer)

  10. L1

    Why on earth there is no provision to extend L1 visa’s pending GC processing? With the stupid H1B lottery system, people that are on L1 visas for 5 years are forced to go through the lottery & leave the country. When H visa holders have the option of extending based on pending GC processing, why not L1?

  11. Radhika

    Hi Kumar,

    Can you please suggest me on below situation..

    My husband’s I-140 got approved last week but his H1B is going to expire on July 2nd 2015. Our I-94 is valid till March of 2016 though.
    He applied for H1B extension but employer did it on regular process, they are going to convert it into premium only after July 27th.
    Now my question is, if i want to apply for H4 EAD, how can i apply and when can i apply?
    And also can i apply for H4 EAD with only approved I-140?
    Please suggest me.

    Thanks,
    Radhika

    1. administrator
      Kumar

      Well, this year’s quota is over. You can apply for next year quota that starts from April 1st of 2016. First, you need to find a job and then ask the employer to file H1B on your behalf.

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