How to file H4 EAD, Documents, Form i765, Renewal Process

How to file H4 EAD myself without attorney? Simple – just fill form i765, sign a personal check of $410, attach supporting documents and send it to USCIS. You are done.

H4 EAD allows H4 visa holders to work legally in the US without any employer or location restrictions. 

Check if you are eligible to apply H4 EAD.

Documents for H4 EAD Application

#1 H4-EAD Fees Check / Credit Card

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

Personal check from your checking or savings account in Bank of America, Chase etc. is allowed. Certified check is not required.

EAD fees can be paid by credit card too.

Do not add biometric fees to H4 EAD check.

Biometric is only required for H4 extension and not H4 EAD. If you send wrong fees amount, USCIS will reject your application and send it back.

#2 Photo

Two identical 2×2 inch photographs clicked within last 30 days are required for H4 EAD application.

Write your name and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil.

Admission record number on H4’s i94 fetched from CBP site is what should be written on the back of each photo.

Do not send old photo with I-765 application as USCIS will send RFE to submit new photos. This will increase your H4 EAD processing time.

#3 How to file H4 EAD using Form I-765

Fill up USCIS Application for Employment Authorization (form i765).

You can use this sample i765 form for first time H4-EAD application:

Use this sample i765 for filing H4 EAD extension or renewal:

#4 H4 Status Proof

• Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
• Most recent H4 i-94 copy. If an H4 extension was approved recently, the new i94 would be attached with your H4 extension approval (i797) notice.

#5 Government-issued Photo ID Document

• 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.

#6 H4’s Relationship with H-1B

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

#7 H4 EAD Eligibility Proof

Primary H1B spouse’s I-140 i797c approval notice is required to prove H4 EAD eligibility.

If your employer has not shared I-140 approval copy with you, use USCIS FOIA request to get I-140 details.

#8 Current H4-EAD copy for Renewal

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.

#9 Form G1145 (Optional but recommended)

Use form 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.

H1B, H4, H4 EAD Concurrent Filing

If you are filing H1B, H4 and H4 EAD applications concurrently at same time in same package, you can write this in the question 29 on form i765:

• “Filed Concurrently” OR
• Leave Blank OR
• Write current approved H1B receipt number

All three options have been tried and tested and all of them work fine. Our recommendation is to write “Filed concurrently” in Q29.

Don’t worry about limited space to write it. You can just write with free hand writing.

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.

It is possible that the start date for H4 EAD 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.

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.