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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 ?

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

  • Have an approved I-140 form, which is the immigrant petition for foreign citizens to get Green Card or Permanent Residency in 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 USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending with USCIS.

As of now, you can file for H4 EAD, if you satisfy any of the above two conditions. But, this may change in the future as there is a lawsuit going on to remove H4 EAD along with DHS having a rulemaking in process to remove 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 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 check, you need to put in 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 an USCIS Lockbox Facility.
  • Copies of H4 Visa holder’s Govt. issued Photo Identity : Not all of the below are required, you can submit 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 Voter cards, Aadhar Card ( for Indians)
  • Current H4 Visa Status Proofs
  • H4 EAD Eligibility Documents : You need to submit H4 EAD eligibility documents of your spouse such as below.
    • Copy of primary H1B Holder’s I-140 related  I-797 Approval Notice
    • If your employer has not shared this document, you can use USCIS FOIA to request your I-140 information and attach the same with the H4 EAD application.
    • OR Approved copy of H1B Visa beyond 6 Years under AC21.
  • H4 – H1B Relationship Documents : 
    • You need to submit marriage certificate to prove the relationship with H1B Holder. If it is not in English, you need to get it translated to English by 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 pen does not work, use a pencil.
  • Additional Supporting Documents : 
    • Copy of my ITIN number ( Individual Taxpayer Identification Number) of H4 Holder.

Translation of Submitted Documents for H4 EAD :

If you submit any documents like 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 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 USCIS website, along with its instructions, complete the form. Below are some common application questions, where it is not clear or user can make mistakes. It does not cover basic questions like Name or Address, rather it covers confusing or error prone questions.

  • Part 1. Reason for Applying – New vs Renewal :
    • Question 1: If you are applying for 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 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  : If you have other names like different name before marriage or you had different spellings or anything, you should mention it here.
    • Question 8 : 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 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 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. : If you are applying for H4 EAD renewal or you have file 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. a : Usually you would have Social Security Number (SSN), if you were to work in 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 H4 EAD extension, then you would answer this as ‘Yes’.
    • Question 13.b. If you answered ‘Yes’ to 13.a, then you would enter SSN number here.
    • Question 14 : 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 because, it will help you start work right away after you get your EAD. You need SSN for taxes and other purposes from employer side.
    • Question 15 : 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 : 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  : You need to enter your I-94 Arrival/ Departure Record number here, you can get I-94 Online on DHS website, if you arrive via flight or ship. If you arrived via road, then you would have a physical I-94 card and it would have the number. Also,  if you have had H4 status extended within US, then you would have I-94 attached to your H4 approval copy of I797.
    • Question 24 : This is the US Visa type that you used to enter 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.
    • Question 25 : This is your current visa status in US. For most, it is likely H4 visa. But, for some who are applying for H4 COS (Change of Status) along with EAD, it would be different like F-1 student, H1B workers, etc.
    • Question 26 : SEVIS Number is not applicable to H4 EAD, it is used by the F1 visa students. You may use it, if you are applying for H4 COS from F1 status.
  •  Part 2 : Information about your Eligibility Category
    • Question 27 : 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 below screenshot on how to fill. 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 EADHere 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.  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 H4 holder’s receipt number.
  • Part 3 : Applicant’s Statement
    • Question 1.a. : If you understand english and completed the form, you need to check accordingly here, indicating you understand English.
    • Question 1.b: If you did not fill the application, then you need to check this box and enter details of the interpreter.
    • Question 7.a : What color Pen to use to Sign USCIS H4 EAD Form ?
      • You need to sign in the box at 7.a and enter date in 7.b question. You need to use 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 certain order as suggested by USCIS ( first one to be on 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 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 ( 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 filling tips for complete guidance on how to create your application package and guidance on the same.

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  based on your Spouse’s H1B receipt number as listed below. You should check USCIS address for I-765 and look under (c)(26) to see verify, if below details have changed to be sure.

H1B Spouse’s Receipt Number

Address to Mail or send Post for H4 EAD
If the H1B Spouse’s  most recent Form I-797, Notice of Approval begins with EAC or LINUSCIS Dallas Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 660921
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
If the H1B Spouse’s  most recent Form I-797, Notice of Approval begins with WACUSCIS Phoenix Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: H4
P.O. Box 20400
Phoenix, AZ 85036

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: H4
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Address details on where to send H4 EAD application

Step 4 : Get Receipt of H4 EAD, USCIS Processing, Received EAD Card

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 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

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 as I-766 form or EAD Card. Below is sample H4 EAD Card. Read meaning of all the fields on H4 EAD Card, Sample for more info.

H4 EAD Card Sample Document

Does H4 EAD need Biometrics ? Include Fee ?

In general, the Biometric requirement is 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.

But, if you are 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 need Biometrics to adjudicate the H4 EAD. The reason is that they cannot approve H4 EAD without approval of underlying H4 Application. So, it is dependent on Biometrics related to H4 Visa Extension or COS. Check New 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 is suspended for 2 years until May 17th, 2023. Read USCIS Suspends H4 Biometrics requirement until May 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. But, if you file for H4 EAD along with H4 Extension or COS then you would need to include the Biometrics fee as well. Having said that, as USCIS has suspended biometrics for H4 holders for two years, you do not need to include the Biometrics fee, if you file anytime after May 17, 2021 until May 17th, 2023.

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. Though the bill is passed in US Congress, it is yet to be implemented by USCIS.

USCIS needs to go through the regulatory process to get everyone’s feedback on how to implement premium processing for EAD, including H4 EAD. So far, there is not even a proposed rule by USCIS related to implementing the same. There is no specific deadline as such for USCIS as such. We need to wait for USCIS on the same. Check H4 EAD Premium Processing Option News updates for the more info

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 US with H4 EAD pending ?

Yes, you can technically travel outside of 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 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 mail.

Travel outside of 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 US.  The reason is 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 more logistics issues to deal with.

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

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

Do I need give Biometrics for H4 EAD Application ?

No, biometrics are only required for H4 application and not for H4 EAD.

Is ITIN Mandatory for applying H4 EAD ?

No.

Can I apply 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 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 successful. The reason they did that was considering long processing times of the H4 application extension or COS.

Can my H4 EAD be filed with 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 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 ?

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 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.

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.

Reference :

   

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317 Comments

  1. Hi,
    I am filing the I-765 for my wife H4-EAD. Need help in clarifying one question.

    Part 1: Reason for Applying
    As my wife already had the L2-EAD in the past, what should I choose
    1a. Initial Permission to accept the Employment?
    (As this is first time H4-EAD)
    1c. Renewal of my permission to accept employment?
    (As she already had L2-EAD)

    Thanks for your help in advance!

    Reply
  2. Hi,
    I have a situation where my H1B extension is pending with Old employer(Normal process) and approved with new Employer(premium).

    My wife H4 Extension is pending from old employer and not yet filed for H4 Extension based on new H1B approvals.

    I am planning to apply for H4 EAD. Please suggest me on whether i can file my H4 EAD based on my old employer H1B petion number (in process) or latest approved from new employer?

    Reply
  3. Hello,
    We filed for my H4 renewal on 28/03/2021 and so far i have only received the receipt number on 04/05/20201 for the same( H4 is expiring in Aug 2021). I am confused if i can file H4 EAD renewal with the receipt number or should i wait for my approval notice?

    Thanks

    Reply
    • My wife’s H4 renewal was applied on 08/01/2021 and she had he biometrics done on 02/25/2021 and today she got a notification from uscis that her H4 is approved but it will probably take 3-4 days to get the I797A in hand. So it took 3 months form biometrics to get the H4 extension approved. Now I am planning to apply for her EAD. I heard even if you apply without approval and just with receipt notice, uscis will come back with a RFE although I am not sure if it delays or improves the time.

      Reply
  4. Hi, I am a H1B holder and have approved I140 which states Consular Processing instead of Adjustment of Status. I have completed 4 years in my first H1B VISA. Can I apply for EAD for my spouse who is on valid H4 status.

    Reply
  5. I am now in F1 expiring by May 2022 and my Stem ead expiring by june2022. My last chance of h1b lottery is 2022 my spouse is with h1b I 140 approved I don’t know whether I can wait for the lottery or go for COS from F1 to H4 Ead together I am working now please intimate when to proceed for H4 Ead and suppose if I get H1b picked in 2022 what can be done

    Reply
  6. Hi,
    I am currently starting renewal process of H4 EAD (Standalone EAD). is online submission better or paper based submission advisable? also I see that the location of the application is based on the category now. does that mean that then it will decide which processing center it will go for processing? (Vermont, Nebraska, California etc)?

    Appreciate any response.

    Thank you

    Reply
  7. My wife got H4 visa, and she is in India and planning to come next month. I am in USA , We would like to apply H4 EAD. Do I need to wait until she come to USA or I can apply H4 EAD now.

    Reply
  8. Hello Kumar, my current H4 and I-94 is valid until March 2022. My H4 EAD is valid until August 2021. Do I need to file i-765 in order to extend my EAD till March 2022? Or is there any other way to ask for extension as my visa is valid until March of 2022?
    Thank you.

    Reply
  9. Hi,
    I have a query regarding the H4 EAD filing. I have initially filed for EAD around Sept. 2020 and haven’t received the card yet. And the expiry of visa was in May 2021 when initiated. Now my husband’s H1B got the approval and i have to file a new H4 EAD application and H4 extension is in processing. What do i say in question 12? Yes/ No when asked that did i file any other I-765 previously? And what are the documents needed to be attached apart from for the old visa and I-94? Do i have to attach the given I-797 C number of H4 extension?

    Reply
  10. Hi,
    I am renewing my wife’s H-4 to EAD card, when i am preparing for the document i found out that i lost the old (already expired EAD card).
    What will be the process now?
    In the check list old EAD card copy is needed.
    Please suggest?

    Reply
  11. Hello Ram,

    My wife’s H4 visa and EAD got approved today (online status). Based on this can she start working in couple of days? OR
    1. does she need to wait until she receives the approval notice?
    OR
    2. does she need to wait until she receives the EAD Card?

    Thanks for your help as always.

    Reply
    • AV,
      Technically, you need the EAD card in hand to start working. Now, sometimes, with some exceptions you may be able to work with actual approval notice. This was given as guidance during COVID-19. So, does not apply all the times. Read https://redbus2us.com/uscis-i-9-verification-ead-production-delays-use-approval-notice/

      Reply
  12. This article is really helpful to self-file H4 EAD. But, is there any recommendation to file H4 EAD through an attorney ?

    Can we change our address after filing for H4 EAD ? If so, how shall we notify USCIS about the address change ?

    Reply
    • Kalyan,
      Yes, you can do everything on your own. Well, if you want to spend money, go for it. Your attorney will anyways ask you to give all that info that you fill on your own, so it is kind of pointless. Anyways, your discretion.

      Reply
  13. Hi,
    My H4 Visa expires Sept 2021.
    But my I 94 and H4 EAD has a June 2021 expiration date.
    I am planning to go to the CBP office to ask if they can extend the date on my I 94 to match the Visa expiration.
    How should I get my EAD to extend after that?
    Apply I 765 again for those 3 months?

    Reply
    • Dhrithi,
      You may, but it is too short of time. I would suggest, you apply for H4 EAD renewal based on your spouse H1B extension in March or so.

      Reply
    • Hello,
      What did you end up doing at the end? I’m in a similar situation now and it would be great if you can share what you did.
      Thank you

      Reply
  14. Hi,

    I’m currently on H1B and my wife is on H4. We were planning to apply for her H4 EAD. Since she is born in the middle-east, we were also planning to file i485(AOS) based on cross-country chargeability.

    Can you please advise if we should apply for the standalone H4 EAD or apply for EAD along with the AOS application ?

    Seb

    Reply
    • Seb,
      This is slightly tricky decision. It all depends on the PERM and other merits of the GC application related to your spouse. Only an attorney can tell which is best by looking at the overall situation. once you use your EAD tied to AOS, you would be basically on AOS related status and any denial in future would put your status at risk…so, check with attorney.

      If you want to be in current situation and maintain your status quo, then you can go for H4 EAD

      Reply
  15. Hello,
    I have sent the H4 EAD extension package on Oct 27th which has been delivered Phoenix Center on Oct 29th as per UPS tracking. But I am NOT yet received the receipt which is almost 3 weeks by now. Fee Check is also not deducted yet from my bank account. May I know how long its taking now a days to get the receipt? and how to/when to contact if my case unusual? Please advice. Thanks.

    Reply
  16. Hello,

    My wife has been filling her H4 EAD application and I had some questions about how to fill First Name, Middle Name and Surname in the i765 application form, given they are all printed differently in all of the below mentioned documents.

    Can I fill the I765 as follows ?
    Last Name: SSSS
    Given (First) Name: FFFF
    Middle Name: MMMM

    Her Passport has :
    Surname:
    Given Name: FFFF MMMM SSSS

    Her US Visa has:
    Surname: SSSS
    Given Name: FFFF MMMM

    Her i94 has:
    Surname: LNU
    First (Given) Name: FFFF MMMM SSSS

    Reply
    • Seb,
      Unfortunately, the Visa was printed wrong. Your details on passport are different from the US Visa…It should have been FNU or LNU…You should try to use the base details on your passport as those are your primary documents. You do not have last name as per your passport, so you should put in FNU for first name and put your entire name in Last Name section…. Or get your passport corrected and then apply properly.

      Reply
  17. Hi, my H1B is valid until 10/2021 and my job with current employer is going to end in sept 2020. I am I-140 approved With my former employer. Now my new employer filed for my H1B transfer, but they did not file the H4 transfer for my wife yet. Lawyer said once my H1 gets approved they will file for H4 transfer. My wife has H4 EAD but has expired in sept 2018. That time We did not renew her H4 EAD since she was not supposed to work for couple of years. Now we are thinking to apply for her H4 EAD extension. Question is
    1. Is she applicable for H4 EAD renewal at this moment ?
    2. If yes then should we wait for her new H4 transfer with new employer to be approved ?
    3. Does H1B’s I-140 need to be approved with new employer or approval with old employer will work for H4 EAD renewal?

    Reply
    • Rak,
      You can apply for H4 EAD using her current H4 that is valid…But, it is better to wait and do it with current employer approval, if you plan to move out the previous company.
      No, you can use the old employer I-140 approval for H4 EAD.

      Reply
  18. A little confusion here. As you state that “The biometric requirement is not for the H4 EAD application. If you plan to apply for EAD alone based on eligibility, you do not need to do any biometrics. But, if you are filing for H1B Extension, along with that if you are filing your H4 Extension using I-539 form and also, you are concurrently filing your H4 EAD application in the same package, then you will need to do the biometrics as per new process.”

    I am trying to understand what would be an example where only EAD is requested? Generally one would need EAD extension when EAD is expiring and that is the date when H1B (or H4) is expiring. IN that case one would always be needed to file H4 extension when requesting EAD. Am I missing something?

    Reply
    • Sandeep,
      Many are not keen on working due to family commitments with kids…So, never applied for EAD. But, suddenly they want to start a company or work now, then they will apply for EAD. Now, the dates are out of sync, so next time they will only renew H4 as there will be time on EAD, so these are situations where EAD will be applied separately all the time.

      Reply
  19. How long does it take to take h4EAD receipt? I sent G-1145 form for text confirmation as well. My packet was received on August 17th but I have not got any update yet.
    It was as stand alone H4EAD sent to Phoenix address. Any help will be appreciated.

    Reply
  20. Hi Kumar,

    I am in the process of applying H4 EAD for my spouse and having some query on that , Appreciate if you can provide your advice on this area

    – My current H1b approval is till 10/2021 , however my wife’s passport validity is till 06/2021 , considering passport validity lesser than H1b validity , do you see any impact here apart from EAD upon approval can be reduced till 06/2021 ( to match with passport expiry date)
    – considering current delay in H4 EAD processing , incase the H4 EAD application will be picked for adjudication towards end of this year or beginning 2021 , whether that will be a problem for approval as by then the passport validity will be less than 6 month

    Thanks

    Reply
    • Ajay,
      Well, I am not sure how they would process the EAD. In general, for H4 related I-94 you would get until end of the passport expiration. If you can renew your passport now and then send new details, it would be ideal…

      Reply
  21. Hello,
    my wife’s H4 EAD expired in 20 January 2020, around 4 months back. We could not file for her H4 EAD renewal due to some reason and also she was not working at that point of time. Now we want to file for her H4 EAD.. will I need to file it as a renewal or New application for employment?

    Reply
      • thanks Kumar – one follow-up question. I am submitting form I765 and it has 7 pages. There is nothing to fill from page 5 to page 7. Do we still have to print them and include them in our package?

        Reply
  22. Online form on USICS website show Expires 05/31/2020, https://www.uscis.gov/i-765

    Can we use this Form or wait for New Forms?

    Reply
  23. Hi Kumar,

    In Page 7, first name and last name columns (1a and 1b) in Part 6 in the form i765 get filled automatically when we fill first name and last name in (1a and 1b) in Part 2. Since the names get filled automatically in Part 6, I am unable to remove them.

    Is it okay to leave it as it is and send or do I need to separately print an empty page of page 7 and send that?

    Thanks,

    Reply
    • Deep,
      Don’t worry, it is fine. It is meant to work like that. It is fine to leave it like that. The intention for them to give it, if you have to fill more additional information you can use the same copies of page 7. In your case, there is no need. Just ignore and attach the empty one with your name on it.

      Reply
      • Thank you, Kumar.

        I also have one more question. In my case H1 extension got approved, but the associated H4 extension is still pending due to suspension of biometrics. I am filing a stand alone H4 EAD application now.

        Do I need call out the pending H4 extension and the associated receipt number anywhere in i765? Like mention that in Part 6 as an additional information for question 21a where we specify i94 with some description like ‘Extension of H4 status pending with this receipt number – EACxxx’, I am also planning to attach the receipt of H4 extension with the application.

        I am bit worried that if pending H4 extension is not mentioned anywhere in i765, USCIS may not automatically link it to the pending H4 application and might issue RFE asking for H4 approval to proceed further. Off late, USCIS seems to be interested in delaying H4 EAD applications by all possible means.

        Reply
        • Deep,
          Yes, you should indicate that and attach the H4 Receipt notice. This will definitely help them adjudicate the case.
          Usually, if they cannot find the case, they will issue RFE to attach the H4 approval. Do not worry.
          USCIS has been delaying this for over a year now, I have seen many lose jobs due to delays…it is sad..

          Reply
  24. Thank you for all great information. I have a question as below

    My H1B and wife’s H4 is pending for extension already. My I140 recently got approved, so planning to file H4 EAD for my wife.

    Is it fine to file H4 EAD while H1 and H4 in pending state or should I wait to get it approve?

    Reply
  25. Hi, Could you please advice,
    I’m preparing I-485 documents under the category EB3 other countries.
    Last month is says current and today says 01JAN19.
    can I still submit my application or have to wait?

    Reply
    • Syam,
      SRC is the Texas Service Center. Older name for it was Southern Regional Center. You may send it to them. But, I suggest you call customer service and validate it before you send to be sure.

      Reply
    • Hi Syam,
      I’m also in same situation. My Spouse H1B receipt number starts with SRC. What is the address to send EAD application if the H1-B receipt number starts with “SRC”? – I hope you must get an answer at this time. Please share it with us.

      Reply
  26. Hello, Thanks for providing great information.
    I am on H1b and filing for extension. My wife on H4 and has EAD which also needs renewed. I have my i-140 approved. I know we can file all forms i-129, i-539, i-765 together.
    My question is for Q29 of i-765, do we just just enter the same i-797 receipt number as in our last i-765 form as it has not changed since then?

    Thanks.

    Reply

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