Home » US Immigration - Visas » H4 Visa » How to Apply for H4 EAD? New, Renewal? Biometrics?

How to Apply for H4 EAD? New, Renewal? Biometrics?

In general, H4 Visa holders, who are dependents of H1B visa holders, cannot work in the US. But that changed with the H4 Visa EAD rule that was effective from May 26, 2015. H4 EAD (Employment Authorization Document) essentially gives H4 visa holders the ability to work in the US, if they qualify based on certain conditions. This article covers requirements for H4 EAD, the step-by-step process to apply, new guidelines on biometrics, and common FAQs.

H4 EAD Requirements – Who can apply for it?

The US Department of Homeland Security(DHS) gives employment authorization (EAD) to work in the US for certain H4 Visa holders, whose spouses on H1B have satisfied one of the below two conditions:

  • Have an approved I-140 form, which is the immigrant petition for foreign citizens to get Green Card or Permanent Residency in the USA.
  • Have H1B visa status extended for the spouse beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in the US beyond 6 years, if their Green Card or Permanent Residency Application is Pending with the USCIS.

You can file for H4 EAD if you satisfy any of the above two conditions. There were some plans in the past to remove H4 EAD, but after the Biden administration took office, they withdrew the regulation that was aimed at H4 EAD removal from their regulatory list. Also, the H4 EAD lawsuit was dismissed in court and DHS won the same. So, you are good to file H4 EAD. Check H4 EAD Rule Removal – Lawsuit, Court Updates 

H4 EAD Documents Checklist

You need the below documents and information with you, to file H4 EAD with USCIS.

  • H4 EAD Fee: H4 EAD Application Fee check for $410 USD payable to “U.S. Department of Homeland Security”.  You can also money order, personal check, or cashier’s check to pay for the fee. If you are filing at a USCIS Lockbox facility, you can use credit as well using the form G-1450 authorizing the credit card transactions. No short forms like USCIS are allowed on the Bank Check, you need to put in the full name of USCIS as specified.
  • EAD Application form:  Completed form I-765, which is the application for Employment Authorization.
  • (Optional)  e-Notification form: If you want to get electronic notifications for your application, you can use form G-1145. You can use this facility only if you are filing your application at a USCIS Lockbox Facility.
  • Copies of H4 Visa holder’s Govt. issued Photo Identity: Not all of the below documents are required, you can submit either one or more.
    • Copy of H4 visa holder’s passport (Front, Back)
    • Copy of H4 Visa Stamp page from passport (if available)
    • (optional) Copy of Birth Certificate with photo in it.
    • If you are applying for H4 Renewal, your previous H4 EAD Card copy – front and back.
    • National identity card from your home country like a Voter card, or Aadhar Card (if you are an Indian)
  • Current H4 Visa Status Proofs
  • H4 EAD Eligibility Documents: You need to submit the H4 EAD eligibility documents of your spouse such as below. Depending on your situation, you need to submit either Option 1 or Option 2 related documents as listed below.
    • Option 1Approved Form I-140: Copy of primary H1B Holder’s I-140 related  I-797 Approval Notice.
    • Option 2 – H1B Received proof under AC21 beyond 6 years:
      • Copy of H1B Holder’s passports and previous I-94s
      • Current and prior copies of Form I-797, Approval Notice of H1B Visa
      • Evidence of H1B Extension of Stay beyond 6 years
        • Proof that your spouse’s PERM was filed at least 365 days before the end of 6 years period.
        • If PERM is not needed, then proof of pending Form I-140 that it was filed 365 days before the end of 6 years.
    • If your employer has not shared any of the above option 1 or option 2 documents, you can use USCIS FOIA to request your I-140 information and attach the same with the H4 EAD application.
  • H4 – H1B Relationship Documents : 
    • You need to submit your marriage certificate to prove the relationship with H1B Holder. If it is not in English, you need to get it translated into English by a certified translator.
  • H1B Spouse Documents: You can submit below additional H1B spouse’s documents as supporting information
    • Copy of my H1B holders passport
  • Photos: 2 color passport photos (2×2 inches passport photos ) taken in the last 30 days. You should write your Name, I-94 number on the back of the photo for identification purposes. If you cannot write properly with a pen, use a pencil.
  • Additional Supporting Documents : 

Translation of Submitted Documents for H4 EAD :

If you submit any documents like a Birth Certificate or National ID as Government-issued photo ID or marriage certificate in a foreign language (other than English), then you need to submit a full English translation along with the translator’s certification that says that the translation is complete and accurate.

Step by Step Guide to Apply for H4 EAD

If you qualify for H4 EAD, you need to follow the below process. All the H4 Visa holders, who qualify for this need to do is :

Step 1: Complete form I-765, Application for Employment Authorization

You should download the latest form I-765 from the USCIS website, along with its instructions, and complete the form. Below are some common application questions, where it is not clear or the user can make mistakes. We do not cover basic questions like Name or Address, rather we cover confusing or error-prone questions only below.

H4 EAD cannot be applied online. There is still no online I-765 form option to file it like F1 OPT for H4 visa holders to file H4 EAD

  • Part 1. Reason for Applying – New vs Renewal :
    • Question 1: If you are applying for a new application for EAD, you would select ‘1.a.’, if you are applying for renewal of H4 EAD, you would select the corresponding box ‘1.c.’. Check the below screenshots. If you have lost the EAD card, then you select ‘1.b.’
H4 EAD New Application i-765 - Question 1 - Reason for Applying
Selection of Option for New H4 EAD
H4 EAD Renewal Application i-765 - Question 1 - Reason for Applying
H4 EAD Renewal Application
  • Part 2: Information about you
    • Question 2 – Other Names: If you have other names like a different name before marriage or you had different spellings or anything, you should mention it here.
    • Question 8 – A-Number: Usually, most of the H4 EAD applicants do not have an Alien Registration number or A-Number. So, just leave it blank. In certain cases like, if you applied for any other green card or adjustment status application with USCIS, then you may have an A-Number, in such cases, you can fill this field with that number.
    • Question 9  – USCIS Online Account Number for H4 EAD: If you have filed any application with USCIS in the past using their online system or USCIS ELIS system, you would have got a USCIS online account number. In such cases, enter that number here. You can find it on top of your profile page once you login to the USCIS system. In general, for most of the H4 EAD applicants, you would NOT have a USCIS online account number, so just leave it blank.
    • Question 12 – Previously filed form I-765. : If you are applying for H4 EAD renewal or you have filed F1 OPT or other forms of EAD in past using Form I-765, then you need to check this box as ‘Yes’. If not, it would be a ‘No’.
    • Question 13. aSocial Security Number(SSN): Usually, you would have Social Security Number (SSN), if you were to work in the US. If you have had SSN as a student in the past, or on H1B before H4, or for some other reason, you should select ‘Yes’. In general, for first-time H4 EAD applicants, this would be ‘No’. But, if you are filing for an H4 EAD extension, then you would answer this as ‘Yes’.
    • Question 13.b – Enter SSN. If you answered ‘Yes’ to ’13.a’, then you would enter SSN number here.
    • Question 14 – Get SSN Issued: If you never had SSN and want to get one, you should select ‘Yes’ here. For most of the H4 holders, this would be selected as ‘Yes’. It is highly recommended to apply for SSN along with your H4 EAD application as it will help you start work right away after you get your EAD. You need SSN for taxes and other purposes from the employer side.
    • Question 15 – Consent to SSN office: If you selected ‘Yes’ for question 14, then you select ‘Yes’ here for USCIS to share data with SSA Office. It is important to do this.
    • Question 16, 17 – Parent’s Names for SSN Office: You need to fill in H4 holder’s Father and Mother’s names here, if you have checked ‘Yes’ in Question 14, SSA needs your parents’ information.
  • Part 2 : Information about your Last Arrival in US
    • Question 21.a. – I-94 Info: You need to enter your I-94 Arrival/ Departure Record number here. You can get I-94 Online on the DHS website if you arrive via flight or ship. If you arrived by road, then you would have a physical I-94 card and it would have the number on it. Also,  if you have had H4 status extended within the US, then you would have I-94 attached to your H4 approval copy of I797.
    • Question 24 – Last arrival visa type: This is the US Visa type that you used to enter the US most recently. It varies by individual as some arrive on H4, some arrive on F1, some on H1B, etc. So, you need to make sure you enter your status accordingly. This may have changed for some after arrival. e.g : F-1 student, H-4 dependent, H-1B, etc. Your latest I-94 would have the most updated information as well about your status.
    • Question 25 – Current Status: This is your current visa status in the US. For most, it is likely going to be an H4 visa. But, for some who are applying for H4 COS (Change of Status) along with EAD, it would be different like F1 student, H1B Visa, etc.
    • Question 26 – SEVIS Info: SEVIS Number is not applicable to H4 EAD, it is used by the F1 visa students. You will only use it, if you are applying for H4 COS from F1 status to H4 and applying for H4 EAD as well.
  • Part 2: Information about your Eligibility Category
    • Question 27 – EAD Category Code: You need to enter the relevant USCIS EAD category code of eligibility for H-4 visa holders based on the I-765 instructions. It is (C)(26) for H4 visa holders applying for EAD. See the below screenshot on how to fill it. You need to leave the last parenthesis empty as it is for the sub-section field.C26 filling out for question 27 answer on H4 EAD
    • Here is the reference from I-765 Instructions that says it should be (c)(26)H4 EAD Renewal Application i-765 - Question 27 - Eligibility Criteria C26
    • Question 29 – (c)(26) Eligibility Category – H1B Holder Receipt Number: You will need to enter your spouse’s (H1B holder’s) receipt number from form I-797. It looks like  EACXXXX, WACXXX, or IOEXXXX.  It has to be your H1B spouse’s most recent I-797 receipt number. If you are filing H1B Extension and H4 EAD together, it will be the most recent or current approved H1B receipt number.
      • It is NOT the I-140 approval receipt number, so do not be confused.
      • Do NOT enter the H4 holder’s receipt number.
  • Part 3: Applicant’s Statement
    • Question 1.a. – English Language Knowledge: If you understand English and completed the form, you need to check accordingly here, indicating you understand English.
    • Question 1.b – Interpreter Info: If you did not fill out the application, then you need to check this box and enter the details of the interpreter.
    • Question 7.a -Sign form – What color Pen to use to Sign USCIS H4 EAD Form?
      • You need to sign in the box at ‘7.a’ and enter the date in the ‘7.b’ question. You need to use a Black Ink color pen to sign the form as suggested by USCIS in their form-filling tips.

Step 2:  Package your H4 EAD Application with Supporting Documents

Once you have completed filling out the I-765 application form, you need to gather all the documents, as listed in our above documents checklist, and put them together in a package in a certain order as suggested by USCIS (the first one to be the top). Submit only copies, do NOT send originals.

  1. Check or money order (on the top)
  2. Form G-1145 for e-notification (under the check/ money order)
  3. Form G-28, if an attorney is filing (under the e-notification form)
  4. Form I-765 application form completed and signed (under the G-28 form or G-1145, if you are filing it yourself )
  5. Supporting Documentation from the checklist listed in the above section(under the completed  I-765 application form)

Do NOT use any heavy staples to put them together. USCIS recommends that you use paper clips or binder clips.  You can check USCIS form filing tips for complete guidance on how to create your application package and guidance on the same. Below is the screenshot from the USCIS form filing tips.

USCIS Form Filing Tips
USCIS Form Filing Tips

Step 3: Send / Mail H4 EAD Application to correct USCIS Address

Once you have created the application package, you need to mail or post it to the correct USCIS location. The address to send is based on your Spouse’s H1B receipt number and is as listed below.

You should check the USCIS address for I-765 and look under (c)(26) to see verify if the below details have changed to be sure.

H1B Spouse’s Receipt Number

Address to Mail or send Post for H4 EAD
If the receipt number of H1B Spouse’s  most recent H1B Approval Notice (Form I-797A), begins with EAC or LIN or MCT

H1B Approval Notice is given when the employer files the I-129 form. This is NOT the I-140 form.
USCIS Dallas Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 660921
Dallas, TX 75266-0921

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4 (Box 660921)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003
If the receipt number of H1B Spouse’s  most recent H1B Approval Notice (Form I-797A), begins with WAC or SRC or IOE

H1B Approval Notice is given when the employer files the I-129 form. This is NOT the I-140 form.
USCIS Phoenix Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 20400
Phoenix, AZ 85036-0400

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4 (Box 20400)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Address details on where to send H4 EAD application

Step 4: Get Receipt of H4 EAD, USCIS Processing

Once you send your package to USCIS, you will get a receipt notice confirming the receipt of your H4 EAD application. Check Sample H4 EAD Receipt Notice. On the receipt notice, you would see ‘Receipt Number’. You can use that to check your Case Status on the USCIS website

USCIS will process your H4 EAD application as per the typical processing times for the same form. The application processing times can vary by the location it was filed. Check current & historical H4 EAD processing times at USCIS

USCIS may issue you RFE asking for more information, if something is missing or not clear to them. Keep an eye on the mails, they will send you a copy of what is required.

Step 5: Decision from USCIS, Receive H4 EAD Card

Once USCIS completes processing and approves EAD,  they will send the actual H4 EAD Card. The card will have C26 Category listed on the card. It is also called an I-766 form or EAD Card.

Below is a sample H4 EAD Card. Read the meaning of all the fields on H4 EAD Card, Sample for more info.

Does H4 EAD need Biometrics? Include Fee?

In general, the Biometric requirement was for H4 visa holders applying for H4 Extensions or other visa holders applying for H4 Change of Status(COS) using the I-539 form. H4 EAD application on its own does not need biometrics. There is no requirement from USCIS to give Biometrics, if you apply for H4 EAD alone using Form I-765.

In the past, before October 1st, 2023, if you were filing for H4 EAD along with H4 Visa Extension or Change of Status(COS) concurrently with form I-539 form in the same package, then USCIS would have needed Biometrics to adjudicate the H4 EAD. But, starting from October 1st, 2023, there is no need for giving biometrics( for most of the applicants) as per USCIS policy change. Also, you do not have to pay the fee as well for Biometrics.

In the past, they could not approve H4 EAD without approval of underlying H4 Application that had Biometrics requirments. So, it was dependent on Biometrics related to H4 Visa Extension or COS. Check I-539 Form Biometrics Requirements for H4 Holders

Update: USCIS suspended the Biometrics requirement for H4 Visa Extensions and Change of Status(COS) starting from May 17th, 2021 as part of a lawsuit settlement. It was suspended until September 30th, 2023. Read USCIS Suspends H4 Biometrics requirement until Sep 2023. Eventually, in Septmber 2023 USCIS announced that they are removing biometrics and its fee for most applicants starting from October 1st, 2023. Read more at USCIS removes Biometris and its Fee from Oct 1st, 2023.

H4 Biometrics Fee: You do not need to include the Biometrics fee, if you are filing H4 EAD application standalone using form I-765.

H4 EAD Premium Processing – Effective date, News

As of now, there is no USCIS premium processing option available for H4 EAD Applications. US Congress passed HR 8337 Bill that added the provision to give premium processing for various forms like I-539, including I-765 form for EAD.

On March 30th, 2022, DHS published a final rule to implement premium processing for H4 and H4 EAD holders. As per the regulation, they plan to implement the premium processing option by 2025. There is no exact date given yet. See below Check H4 EAD Premium Processing Option News updates for more info.

540 Days automatic Extension for H4 EAD extensions

USCIS announced in March 2022 its goal to streamline the overall processing times and reduce the backlogs for all types of applications by end of FY 2023. As part of that initiative, USCIS published a temporary final rule in the federal register that increased the automatic extension duration for H4 EAD Applicants from 180 days to up to 540 days. You can read the full details at USCIS EAD Automatic Extension 540 Days Rule

Regulation Text - Increase of Automatic Extension for EADs from 180 to 540
Regulation Text – Increase of Automatic Extension for EADs from 180 to 540

Common FAQs on H4 EAD 

 When can you start working on EAD for H4 visa holders?

The H4 Visa holder can start working only after their I-765 form is approved by USCIS and they receive the EAD Card. You can check out many of the common  H4 Visa EAD FAQs – F1 to H4 COS, H1B to H4 COS, I-140 Revoked

Travel outside of the US with H4 EAD pending?

Yes, you can technically travel outside of the US to any country, after filing your H4 EAD application, but USCIS recommends not to travel to handle the RFE, Receipt notices, any requests to visit application centers, etc. They say that the process could get delayed if you get an RFE, or if they need something from you. It will just delay and you will have to come back for the same. If there is no RFE or anything, you should be fine to get the H4 EAD card to your address in the mail.

Travel outside of the US with H4 EAD along with H4 Change of Status (COS) Pending?

Well, this is a tricky situation, and not usually recommended to travel outside of the US.  The reason is that USCIS will abandon your H4 Change of Status (COS) application as your I-94 details change, subsequently USCIS may also deny  H4 EAD. The recommended approach, if you have to travel is to get your H4 COS done first, then apply for H4 EAD and maybe travel after that as it is less risky and has more logistics issues to deal with.

Where can I get Passport Photos for H4 EAD in the US? Which stores?

You can get them at Costco, Walgreens, or any of the passport photo location for H4 EAD. It costs 9.99$ at Costco for 4 photos and at Walgreens, it costs 14.75$ for 2 photos.

Do I need to give Biometrics for the H4 EAD Application?

No, biometrics were only required for H4 application and not for H4 EAD. Starting from Oct 1st, 2023, that is even removed for H4 applications.

Is ITIN Mandatory for applying for H4 EAD?

No.

Can I apply for H4 EAD for my under 21 Children?

No, H4 EAD is only for Spouses, children are not eligible.

Can I apply for H4 EAD, back from my home country?

No, you need to be in the US and on H4 visa status to apply for EAD application.

How soon can you apply for H4 EAD Renewal?

You can apply only 180 days before the expiry of your current EAD document. There are some cases, where some were able to apply before 180 days for H4 EAD and were successful. The reason they did that was considering the long processing times of the H4 application extension or COS.

Can my H4 EAD be filed with a future effective date?

Yes, you can apply for renewal anytime during the 180 days before your expiry of H4 EAD with a future date example, if let’s say your expiry is in July, you can apply in February for the same to have an effective date for renewal in July. Your Validity of the H4 EAD will be tied to the H4 validity and H1B of your Spouse.

What is the Fee for EAD Application for H4 Visa holders? Whom to Pay to?

The H4 EAD filing fee is $410 USD. You can submit a check or money order that is drawn on a bank that is located in the USA and payable in USD. The check or money order should be payable to “U.S. Department of Homeland Security”. DO NOT use short forms like DHS or USDHS.

Can I apply for H4 EAD Online on the USCIS website?

No, you cannot apply for H4 EAD online. You can only do it using paper-based forms.

Official USCIS Steps and Process Published from the past

USCIS published some of their guidance on how to apply, including the most commonly asked FAQs, when they originally published the rule to be effective. Check out the key highlights and important points of the publication from USCIS at Summary of Guide to Apply EAD for H4 Holders, FAQs by USCIS 

If you are filing H4 EAD, we’ve built a tracker for your case to help you and everyone get overall insights from others. It is fully anonymous and has analytics. Please add your case to  H4 Visa EAD Tracker 

What was your experience filing H4 EAD? Any  questions?  Share your thoughts, experiences.

References :

   

Other Articles

374 Comments

  1. Hello,

    I have my H1B extended until Jun,2022 based on approved I-140. My wife’s H4 also got approved until Jun 2022.But H4EAD was not filed for her. Now we are planning to file H4EAD . Please clarify the following doubts,

    1. will there be again biometric ? She already had her biometirc on Jun,2019 during her H4 extension.

    2. I was previously in L1B and that time she had L2 EAD and was working.So now while filing should we select Renewal EAD ? or it will be Initial EAD ,as this is with different immigration status(H4) . Please advice.

    3. Is there any risk for H4 status, if something goes wrong with H4EAD application?

    Reply
  2. Hi,

    I came to USA in November 2019 by H1B. My wife has H4. When we can apply for her EAD? Should we wait some time? Should we get some other documents? Please advice.

    Thanks,

    Reply
    • Roman,
      You need be to meet certain criteria to be eligible for H4 EAD. Check that in above article. If eligible, you can apply anytime, no need to wait.

      Reply
  3. Hi All, What would be the H4 and H4 EAD extension lockbox filing location when the H1B approval begins with SRC. The USCIS website gives lockbox address only for approval beginning with EAC/LIN/WAC. It does not mention anything for SRC.

    Reply
    • SK,
      It is not listed on the USCIS site. Usually, when they file extensions, they submit H4 and H4 EAD together with H1B, that’s how most are done. So, not sure, how it would work for standalone filings. You can call customer service to double check on this. Check with your attorney once. Also, do update here for community benefit, once you figure out the correct answer.

      Reply
  4. What would be the lockbox filing location when the H1B approval begins with SRC. The USCIS website gives lockbox address only for approval beginning with EAC/LIN/WAC. It does not mention anything for SRC

    Reply
  5. Hi,
    my EAD card got expired on 04/12/2018 since then I did not renew it as I was in intuition that my husband has changed the company and therefore I need to wait for new i-140. Now I would like to renew my card can I do it and what process do I need to follow please help?
    my card# starts with WAC which location should I send my file too?

    Reply
    • Yes, if you have I-140 approved, you can apply for H4 EAD renewal. You need to look at your spouses’s H1B receipt number. Check the above article, it has instructions on where to send.

      Reply
  6. I switched job and this time did my H4 extension myself using USCIS online portal. Didn’t take a tool. everything was online , no paper whatsoever.

    Receipt Notice.pdf
    Added on July 9, 2019

    Application Support Center Appointment Notice.pdf
    Added on July 13, 2019

    I-539 RFE (eProcessing) (SCO).pdf
    Added on August 6, 2019

    Approval Notice.pdf
    Added on September 24, 2019

    Reply
  7. Hi Kumar and Others,
    my h4 extension is pending since last 4 months, i didn’t apply for h4 ead renewal at that time. can i apply for h4 ead renewal now with h4 extension receipt?

    is the fee still $410 for h4 ead applications?

    Reply
    • Yes, you can…but the trick is, if your h4 EAD gets processed faster, then you get RFE and will need to send H4 approval..if not, you may get denial… fee is same as listed in above article.

      Reply
  8. Hi,

    I am planning to file the H4-EAD for my spouse to USCIS Dallas Lockbox.
    Hope that they accept the application fee through credit card rt?
    Could you please clarify this.

    Thanks
    Sarath

    Reply
      • Hi Kumar,

        Finally!
        (RD May 23rd NBS) H1B & H4 approved – Oct 4th
        But H4 EAD(RD Mar 15th Vermont) petition submitted with old H4 status(expired on Sep 1st) is still in process. Tried calling USCIS & raised SR multiple times but there is no change in status (either denied or RFE). Could you please suggest us what can be done?

        Reply
  9. My wife had h4 ead till march 2018. but i am apply again now(Sep 2019) will it be renewal or New application? Please guide

    Reason for Applying 1a or 1c

    Reply
  10. Hi,

    I was on L1-B and my spouse had L2-EAD. Last week I went to home country and got my H1B and Spouse’s H4 stamped.

    I have I-140 petition approved but I haven’t applied for H4-EAD yet.

    Now I got a new offer, so during H1B transfer can i file H4 EAD application also under premium processing?
    i.e. H1B transfer + New H4 EAD together as premium.

    Thanks,
    Saba

    Reply
    • Yes, you can file for all in premium, but H4 EAD may not be adjudicated in premium. They have stopped doing that since H4 Biometrics process…
      As yours is only EAD, we do not know…You can give it a try. Do let everyone know here on your status as well.

      Reply
  11. So here is my case which is bit tricky :

    Current employeer filed (Jun 26th Biometric done on July 9th) for H1B (renew) H4 and EAD (extension) expiring in Nov 7 .

    H1B was filed in premium so I got approval. However H4 and EAD is pending.

    Now I found a new job and question is should I start H4 and EAD all over again or should I wait for H4 approval from current employeer ?

    Reply
    • Well, it has not been long ( 1 month is not much). Ideally, you withdraw the current one and file a new H4 petition. Alternatively, you withdraw your current H4, EAD and go out get stamping and apply for EAD, in this way, your EAD can be in faster processing as there is no biometrics and waiting for H4.

      Reply
    • Hi ,

      I am in same situation as you do. My h4 and ead is pending and my hubby got new job . I am not sure if I need to reintiate h4 and ead all over again. Let me know what you have done for your case

      Reply
  12. Hi Kumar, I will be transitioning from L2 to H4 VISA status in October 2019 via consular processing and NOT change of status. I will be filing for EAD after coming back to US with H4 visa stamp. I also plan to travel back to India after applying for EAD.

    Could you please let me know if I will be asked for biometrics as I will be using form i765 and not form i539?

    Reply
  13. I think this guy never heard the word H4 visa 😀

    https://youtu.be/iqKdEhx-dD4

    After spending 6yrs on h4 visa I got the job and then boom biometrics ….job gone…. I am 29 so my hubby doesn’t want to have kids so early….no job no kid few months it’s snowing and few months it’s raining and rest left is 90 deg F. Wow what a life !!

    Reply
    • yeah, irony of life. Good video on mind and boredom…That’s where Netflix and Primevideo come in… 😉 enjoy the break, as it is not in your control…

      Reply
  14. Hi Redbus Team,
    I am on H1b and planning to apply H4 EAD for my wife[ My I 140 is approved] & my I 140 shows that i have eligibility to work until Dec 8th 2018.
    Do i need to apply Form I 539 along with Form I-765 for H4 EAD authorization ?

    Or Just Form I-765 is enough? If i apply Form I 539 does she get extension for more time beyond December 2018 ?

    Please clarify.

    Reply
  15. Good. Evening
    My case is 208 days old. I called USIC but there seem to be nothing they can do.
    What do you suggest?

    Reply
    • Well, if they say so, you need to wait. I am assuming, it is your H4 EAD petition. Alternatively, you can try to visit a field office of USCIS to seek more advice, worth a shot.

      Reply
  16. Hello All, Firstly, this page has been very helpful. Thanks much for that.
    I have a question about my wife’s application. She moved from H1 to H4 (H4 approved last week) and I had a question about question (11) Have you ever before applied for employment authorization from USCIS? This is her first EAD but she has worked on H1 B visa before. Should I say Yes or No for this question?

    Reply
  17. Hi,
    I am in the process of applying for H4 EAD.
    As per the list of documents required for H4 EAD filing in I765 filing instructions can someone clarify what the following documents would be:
    A copy of the biometric page of your passport;
    A birth certificate with photo ID;
    A visa issued by a foreign consulate; or
    A national identity document with photo.

    Do we need to submit all the documents mentioned above or any one doument will be fine. Also I want to know whether 10th and 12th standards marksheets issued in India can be considered as a valid birth certificate with photo ID?

    Reply
    • Hi Malini,

      Is your husband got his green card or just H1B visa approved? Only with a greeen card, their spouses can apply for a H4 EAD?

      Reply
      • Niveditha,
        Spouses can apply for H-4 EAD if:
        1. H-1B spouse has I-140 approved, or
        2. H-1B spouse is making use of 7th year of H-1B (possible when one has completed 6 years on H-1B and has pending PERM or I-140 application).

        Reply
  18. Hi,

    We are currently in India. My husband H1 B is approved and as soon we get Visa stamped will move to US (may be by this year end). I am working from home in india. When can I apply for EAD , so that I can continue working from home in indian company from US.

    thanks

    Reply
    • Your husband needs to apply for green card and when the I-140(the process takes roughly 8-24 months) is approved then only you can apply for H4 EAD, before that there is no legal way to work in US.

      Reply
  19. I need to know can we file the H4 EAD with future dated H4 Approval Notice . This means as of now i am on L1 B Visa till End of August & i had filed effective date of H4 Approval Notice is 1 September in H4 Application. So in this case as i am planning to file the Premium processing with my spouse H1 B Visa Extension , i will getting my H4 Approval by first or second week of August .

    My question is that can i file my H4 EAD in August even though my H4 Approval Notice effective from 1 September.

    Reply
  20. I see that one of the required document to submit for H4 EID is a Government Issued document with Photo. Unfortunately, my wife does not have a Adhar Card or DL from India. Would her passport copy be sufficient for this?

    Please advise.

    Reply
    • I believe any document that has a birth date stated that matches your passport should be sufficient. Ex. Nationality certificate, birth certificate, School leaving certificate etc.

      Reply
  21. I got a confirmation letter from USCIS that my documents has been received by them but there’s no tracking number on that letter to check the status of my EAD Application. Has anyone received any letter from USCIS??

    Reply
  22. Hi,

    I’ve filed for H4 EAD application on June 28th 2015 but haven’t received any acknowledgement yet.

    My husband’s H1 starts with EAC and so will have to send to the Dallas Lockbox facility. Since I sent through UPS (2nd day delivery) which comes under Express/Courier mail: I sent it to
    USCIS Attn: H4
    2501 S. State Hwy. 121
    Business Suite 400
    Lewisville, TX 75067

    The UPS shows it’s received and signed by someone. But it also states that it was placed at the Dock. I’m apprehensive if USCIS has really received my application or not.

    Please advise what can be done.

    Reply
    • Did you fill the G-1145 acceptance form? It basically lets u know through sms and email that your form has been received and gone to California (in case of mine) for processing. This took about a week and half to get back to me. They also sent a notice of receipt by post. Plus you would know I they withdrew the money from your account. Wait a few more days and then call the customer support I guess.

      Reply
    • You must have received a text message and /or email with the case # on the cellphone number if you had filled up g-1145 form along with the 765. If not wait for 30 days from the date it was delivered on, if you still do not get the receipt call CS at 800 375 5283. Hope this helps.

      Reply
    • Dont worry too much. If it was received and signed by someone, thats good enough. I can imagine your concern, it will all be fine, just give it some time.

      Reply
  23. Hi Kumar,

    Can you please help me with one of the field that is in EAD Application.

    I am concurrently filing Change of Status and EAD for my wife who is in H1 Status.
    While filing the i-765 EAD Application, i came across a field “Current Immigration Status”

    While posting my application to USCIS my Wife’s is in a H1 Status, but this EAD is only applicable for H4’s.
    As we ate concurrently filing, i am confused if i have to put h1 or h4.

    can you kindly help.

    Thanks,
    Sanathan

    Reply
  24. HI,

    I have submitted my application just two days ago. But I have missed attaching one of my document. Is there any way I can resend that document once I receive my reciept using that reciept number as my case number?

    Reply
  25. I had the same question as Ramesh. My wife is currently in India. Can I apply on her behalf. There is a place on I-765 that suggests it can be done, but I wanted to be sure. I’d really appreciate if anyone knew the answer to this.

    Thanks
    Jay

    Reply
  26. Should the personnel for whom we are applying EAD be present in United states or can we fill and submit I-765 form if they are in India as well ?

    Reply
    • uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

      Do I need to be in the United States to apply for employment authorization based on my H-4 status?

      Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

      Reply
  27. I heard people said the processing time should be at least 6 months due to high volume applications, is that correct? Does USCIS announce that?

    Reply
  28. Hi,

    I am in the process of applying my wife’s H4 EAD but simultaneously I have been asked by my Company to apply for my H1-B amendment as per the new rule passed by USCIS on April 9 due to my job location change recently.

    Is it advisable to apply both my H1B amendment and my wife’s H4 EAD simultaneously or should I wait till my amendment gets approved or are they even related.

    Regards,
    Vinod

    Reply
    • Priya, it can take at least couple of weeks or more since you mailed your application to get the receipt number. Due to high volume of applications, it may take longer now..

      Reply
  29. Any recent photo’s required for H4 to EAD with form I-765?
    where to send form and all supporting documents? Any address for filed service office. My is Texas office as per my last all renewal.

    Reply
    • Yes, you need to send two copies of color photos passport photo style with white background two by two inches along with application.
      If you are filing only H4 EAD as standalone, the filing addresses are here : http://www.uscis.gov/i-765-addresses

      Reply
  30. I don’t under stand Question : 16 to 18.
    16: Eligibility category . Go to the, who may file form I-765 and those for Example (a)(8) etc and than ( ) ( ) ( ), what should I write or who filed what you guys mentioned?

    17: (c)(3)(C)Eligibility category? what is the answer?

    18: (c)(26) Eligibility category ? again what is the Answer?

    and this application should be for Permission to accept employments correct?

    please answer 16, 17, 18 if possible.
    Prashant Shah

    Reply
    • Prashant,
      For 16, it will be category (c)(26) . It is given in the instructions. You can leave the first () blank.
      For 17 – leave it blank, as it is not applicable to you.
      For 18, you need to enter the receipt number of the H4 Spouse’s H1B I-797 approval form, it should be the latest approval notice receipt number.

      All this information is in I-765 instructions, just review them.

      Reply
  31. How about question 18 , which receipt number should i write? i have two receipt one is H1B approval and other is i-140 Approval .

    Reply
  32. Hi,
    How can I check the status of my h4 ead application? I can see we need to enter the receipt number to check status. what receipt number we need to use?

    Reply
  33. Hi..there is a question in ead form that do u have earlier employment authorization from uscis??
    Actually i hve previously h1 visa bt no job so then we make a conversion to h4..so my current status is h4..so what should i do of that question should i say yes/no to that question???

    Reply
    • I think h1 is mot emp auth (EAD).

      Im my case, my wife was on L2 and she had EAD which i mentioned in this section. But plz consult attorney for assured answer.

      Reply
    • Did you get the answer to your question. i am also in same boat. previously worked on OPT then got my H1b approved but i never worked on H1b i was on personal leave and then switched back to H4.

      Reply
    • Hi..did you get answer to the question 11 : My Wife was on H1 status for some time and moved back to H4 status.
      Please let me know

      Reply
  34. Is there any end time for filing the h4-ead? I am planning to go to India and apply when I return in the second week of june.

    Reply
    • No, there is no end time. You can apply anytime you wish.
      At this time, there is a rush simply because this is the first time they have opened up the H4-EAD gates.

      Reply
  35. Please do let us know the postal address to where the form and required documents need to be posted for your H4 EAD approval.

    Thanks

    Reply
  36. Good Morning,

    Has the new I 765 been published?
    For the old one I not able to answer question 16? No details about H-1 spouse EAD has been updated.

    Thanks in advance.

    Reply
  37. Hi, thanks for clarifying our doubts. My husbandis waiting for hq extenstion which was filed on april 13 and his h1 is expir o ng on may 22. Can i file h4 ead. As i understand that there is very less chance to get his h1 approal by 26th may but wit EAC# it is showing that his h1 extension is in process. Thaks again

    Reply
  38. hi

    In the form I-765 there is one question

    13. Place of Last entry into the US

    Now, as of some of us might know that those who have transit in Abu Dhabi airport get their immigration process completed there itself. My arrival record on DHS site also shows that my “Port of Entry/Exit” as “MAA – ABU DHABI INTL”. However, in US I arrived at Washington International airport.

    I am confused as to what should I write the answer for this question.

    please guide

    Reply
  39. Hello,

    Could you please answer the below questions regarding the new rule about spouses of approved I-140 holder getting EAD to work in US. My employer has filed for my PERM under EB2 category and I am hoping to get I-140 approved by October 2015.

    a) Say I get my I-140 approved through Company A but I do not complete 180 days stay post I-140 approval with company A (say switch to a new employer), will my spouse be still eligible to get an EAD/continue to work on EAD if company A does not revoke my I-140 after I leave?

    b) Say I get my I-140 approved through Company A and switch to Company B after do completing 180 days stay with Company A post I-140 approval; will there be any impact on my spouses’ ability to get an EAD/ continue to work on EAD in case company A revokes my I-140? I think after 180 days of I-140 approval, new employer does not need to do PERM or file I-140 again, so the I-140 through company A should be good to support EAD – correct?

    c) How long is it expected to take for the EAD application to get approved? Internet says 3 months but just checking if you have better information.

    d) Can my spouse switch jobs on EAD?

    e) Say she is on EAD working for an employer, can her employer apply for her H1B? Is there any constraint on applying to H1B if she is on EAD?

    Regards,

    Ankur

    Reply
  40. Hi,
    I am on H4 visa with an approved I-140. However, I am not sure which category do I fit in for applying for my EAD. I need to mention this category on Form I-765. Can you please confirm the category for me?
    Thanks.

    Reply
    • Hi Shruti,

      Check out the updated I-765 instruction set here, http://reginfo.gov/public/do/PRAViewIC?ref_nbr=201502-1615-004&icID=20321

      I believe it is (c) (26)

      Reply
        • Here is the latest update,

          uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

          It looks like the links on this page have not been updated yet, but at least they are in process of publishing the whole process.

          Reply
          • Hi Kumar,

            Finally!
            (RD May 23rd NBS) H1B & H4 approved – Oct 4th
            But H4 EAD(RD Mar 15th Vermont) petition submitted with old H4 status(expired on Sep 1st) is still in process. Tried calling USCIS & raised SR multiple times but there is no change in status (either denied or RFE). Could you please suggest us what can be done?

      • you could go through the entire Instruction PDF in the time you spent on typing the question here. Jeezzz people are so freaking lazy…

        Reply

Leave a Comment