H4 EAD Sample Form I-765, Documents Required

H4 EAD sample I765 form, document checklist, fees $410. Renew 180 days before expiry. H1B primary i129 - I797 receipt required. Processing time 2-7 month.

Written by Anil Gupta
  By Anil Gupta          Updated  9 Dec, 19

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H4 EAD is an H4 Employment Authorization Document (EAD) that allows H4 visa holders to work legally in H4 EAD jobs without any employer or location restriction in USA.

Documents for H4 EAD Application

#1 H4-EAD Fees check

H4 EAD fees check for $410 payable to ‘U.S. Department of Homeland Security‘. Short forms like USCIS not allowed on personal or cashier or money order.

EAD fees can be paid by credit card.

#2 Photo

2 identical 2×2 inch photographs 2×2 Inch clicked within last 30 days. Write your NAME and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil.

Do not send old photo with I-765 application as it increases change of RFE.

#3 Form G1145 (Optional but recommended)

Use G1145 to let USCIS send you an SMS or an email once they receive your application. Attach this form at top of the EAD application package.

#4 Form I-765

Application for Employment Authorization. Sample I-765 form for H4-EAD is given below.

#5 H4 Status Proof
  • Copy of H-4 visa holder’s MOST RECENT I-797 Approval. If an H4 extension has been done recently, use the extension approval. OR
  • Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).
#6 Government-issued ID document with photo
  • Copy of Passport’s front (with Photo) and back pages (with address) OR
  • Copy of USA H4 Visa stamp page from Passport OR
  • A copy of your last EAD – Both front and back (if any) OR
  • A birth certificate with photo ID. Example, Indian (or Chinese) birth certificate will work only if it has a photograph on it. OR
  • Any other national identity document with photo. US State ID or Driving License is NOT acceptable.
#7 Relationship to the H-1B nonimmigrant

Copy of the marriage certificate issued in your country in English is required to prove H4 dependent’s relationship to primary H1B.

#8 H4 EAD eligibility proof

Primary H1B spouse’s I-140 i797c approval notice. If your employer has not shared I-140 approval copy with you, use USCIS FOIA request to get I-140 details.

#9 Current H4-EAD copy

Existing EAD copy is required only if you already have H4 EAD and you are applying for renew or extension

Only BLACK color ink pen is allowed as USCIS uses computer scanning to read forms.

Do NOT staple the documents. Use a paper clip to bind them together.

i765 Sample form for New H4 EAD


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Documents for H4-EAD Renewal Application

The document list is the same for H4 EAD renewal or extension as for new H4-EAD application mentioned above.

Sample H4 EAD Renewal i765 form


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It is possible that the START date for this extension is in future.

Example,
If your H4 expires in Sep, and you applied for renewal in Mar, same year, it is possible that your extended H4’s start date is Sep instead of March.
It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).

For the sake of filling up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.
Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing i765.

What is H4 EAD Processing Time?

Current H4 EAD processing time is 2 to 7 months. It changes every month with each USCIS service center.

What is H4 EAD eligibility Category?

H4 EAD Eligibility category code is C(26).

How Much Time It Takes To get EAD Card After ‘new Card is Being Produced’ Status?

You will receive your EAD card within 1-7 working days after New Card is Being Produced case status.

Which Receipt Number to Write in Question 29 on H4 EAD form?

Write H1B primary’s most recent I-797 receipt number on H4 EAD application form I-765 question 29.
This is not the I-140 approval receipt number.

Which i94 Number Should Be Written On H4 EAD form?

You should write i94 number from the most recent H4 approval (i797 form) on H4 EAD application form Question 21a.
Use this start date even if it is in the future without any issue.

What is Reason of Applying H4 EAD?

Choose option 1.a. for Question 1 on H4 EAD form if you are applying EAD for the first time.
For H4-EAD renewal applications, choose renewal option as 1.c.
If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as new EAD.

When can We Apply for H4 EAD Renewal?

You can apply for H4 EAD renewal 180 days before current EAD card expiry.
USCIS allows to file H4 EAD with H1B Amendment and H1B transfer applications even if the current card is valid for more than 180 days.

What is Place of Last Arrival into the US in Question 23 on form I-765?

You should write the name of the Airport or border that you used to enter US.
For some people, this airport might be a non-US airport like Abu Dhabi where they complete the US immigration process at Abu-Dhabi airport itself.
I would suggest writing either the “Port of Entry/Exit” as “MAA – ABU DHABI INTL” or the name of the US airport where you landed first.

For example, if you landed in Washington Airport after completing the immigration process at Abu Dhabi airport, your i94 record will show the “MAA – ABU DHABI INTL” as the port of entry.
You can then either write “Washington Airport” or “MAA – ABU DHABI INTL”.

What is Question 28 for Spouse Eligibility Degree On Form I-765 for H4 EAD?

You can write ‘N/A’ or leave blank for H4 EAD applications.

Can I file H4 EAD while H4 Extension is Pending?

You can file H4 EAD while H4 Extension is pending.

Can I travel While H4 EAD is Pending?

You can travel while H4 EAD is pending. There are some risks associated with travel though.

Can H4 EAD Work if Current Card Expired and Extension Is Pending?

H4 EAD cannot work if current card has expired and extension is pending.
Automatic 180 day EAD extension is not allowed for H4 EAD.

Can H4 EAD Start a Business?

H4 EAD allows you to open a business with no restrictions.
Many people take franchise option. A small business insurance is highly recommended if you want to protect your investment.

H4 EAD USCIS Mailing Address

Check the USCIS address to mail H4 EAD application using H1B’s receipt number.

SSN with i-765 Form

If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15.
You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother name to get SSN card.

Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks mailed by USPS.


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Recent discussion on forum

  1. mvb
    mvb

    Hi Anil,
    Recently updated i94 after passport renewal by visiting San Diego border. For section ‘Information about your last arrival’ in i-765 form, I have entered the latest i94 number and mentioned ‘San Ysirdo’ as ‘Last arrival in U.S.’. Would that work? If not, do we have any specific code for land PoE like the airports?


  2. venkat5121
    venkat5121

    this is what I entered, hope it helps…


  3. mvb
    mvb

    Thanks, that helps. Need to confirm since the sample form had place(city name) entered as oppose to PoE code.


  4. mvb
    mvb

    Yes, both have same future date. Related Q would be should if latest i94 number is entered does it make more sense to attach latest i-94 instead of H4 i-797 approval copy? Or that doesn’t matter?
    Please confirm


  5. mvb
    mvb

    Thanks Anil and Venkat, you guys had been great help resolving queries.


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  439 Useful Questions & Answers

  1. NIKHIL KULKARNI
    NIKHIL KULKARNI 13 May, 19 at 9:20 pm

    Hello Anil. This is a lot of good info. Thanks for that. I have a question regarding my wife’s h4ead renewal. Current h1b-h4-i94 validty is upto May 2021 whereas my wife’s h4ead is valid until April 20,2020. The reason for this is I changed my job position with same employer which required h1b-h4 amendment in the middle of the 3 year period.

    Question – When I will file for renewal 180 days before the current h4ead expiration, will it be renewed for 3 years or only until May 2021?


    • Anil Gupta
      Anil Gupta 13 May, 19 at 9:53 pm

      H4 EAD will be renewed only up-to the H1B approval validity at the time of filing renewal.