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

File H4 EAD yourself with I-765 form, document checklist. Fees $410. Renew 180 days before expiry. H1B primary I797 receipt required. Processing time 2-7 month.

Written by Anil Gupta
  By Anil Gupta          Updated  19 Mar, 20 #h4-ead

420        

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.

H4 EAD application check
H4 EAD application check

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:


Open link in new window.

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


Open link in new window.

#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.
Get i94 from CBP website
Get i94 from CBP website

#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.

H4 EAD application package
H4 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.

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.

What address should I Mail H4 EAD Application?

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

The first three letters of H1B application number like EAC, LIN, SRC, WAC decides the mailing address.

What USCIS mailing address should be used for H4 and H4 EAD applications?

You should use the H4 extension filing address for form i539 if you are filing H4 and H4 EAD together.

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.




Recent discussion on forum

  1. mvb
    mvb

    Hi,
    Regarding Q 21a., should we use the i-94 number on i-794(H-4) approval or the latest i94 which was updated after passport renewal? They both are different numbers and I am attaching H4 approval notice (instead of latest i94)hence the confusion.
    Thanks,


  2. venkat5121
    venkat5121

    Are your both I94s have future expiry date?
    I would enter the latest, i.e. after passport renewal, and enclose it with the application.


  3. 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


  4. venkat5121
    venkat5121

    I think they will look arrival record only from latest I94
    but your legal status from the H4 I797 copy.

    IMO both documents are necessary.


  5. mvb
    mvb

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


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  420 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.


  2. Sirish Malisetty
    Sirish Malisetty 6 May, 19 at 10:00 pm

    Hi Anil,

    as a #8 proof mentioned above, is it okay to submit most recent I797 (H1B Approval) only or should I submit all old copies too ?
    Do I need to submit any W2 or Payslip copies?


    • Anil Gupta
      Anil Gupta 7 May, 19 at 5:33 am

      I140 copy is needed and not H1B i797 in point 8.
      W2 and payslips are not required.


  3. Naveen
    Naveen 2 May, 19 at 8:31 pm

    My spouse’s employer submitted the request for extension for her H1b and my H4 in March 2019 in premium mode and received an RFE for the extension request. They are yet to respond to the RFE and are working on it.

    Based on their internal company policy; my spouse’s employer did not submit my H4-EAD extension along with the H1b and H4 extension requests. So, I was planning on submitting the request to extend my H4-EAD as soon as my H4 gets approved.

    Questions:

    1) Can I go ahead and submit the form I-765 request to extend my H4-EAD while my spouse’s H1b extension application is still under RFE ?

    2) If ‘yes’ for question 1, in the H4-EAD extension form I-765, for the question (# 29) should I provide the receipt number of my spouse’s current I-797A approval notice that expires in June 2019; or should I provide the receipt number received now in the upcoming H1b’s receipt notice I-797C?

    (Question # 29 in I-797referenced here: “29. (c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Item Number 27., provide the receipt number of your H-1B spouse’s most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker.”)


  4. Jit
    Jit 30 Apr, 19 at 6:19 pm

    Hello Dear Anil,
    My I140 will be filed in a week from now (in pp). Planning to file H4 EAD for my spouse just after my I140 approval (by May 3rd week). Is it legit to REFILE H4 EAD while filing my H1b extn (and spouse H4 extn, biometrics) by 2nd week of Aug. (irrespective of first H4 EAD application approved or pending)
    Will the above a better idea or filing new H4 EAD first time with my H1B extn (and spouse H4 extn, biometrics) is better

    Note: I am fine with double fees etc. My current h1b expires on 31 dec.


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 7:04 pm

      There is no issue in filing H4 EAD again with your H1B extention.


  5. Thani
    Thani 23 Apr, 19 at 6:31 pm

    I am working on the I-765 to renew my spouse’s H4 EAD. My current H1 and my spouse’s H4 is valid until Sep’ 2019. The 765 form will be submitted along with I-129 (H1 renewal) and I-539 (H4 renewal). On I-765 section 29, it asks for the recent I-797#. As I am submitting this along with my 129 application, the most recent 797A is from 2016, which was used in obtaining the initial H4 EAD.

    Should I re-enter the 797A from 2016 here, or should I leave this blank, because I do not have a 797A (for 2019-2022) at this time.


    • Anil Gupta
      Anil Gupta 23 Apr, 19 at 6:44 pm

      You can write “concurrent” in q29 on form I765 for H3 EAD.


  6. Alien
    Alien 14 Apr, 19 at 5:43 pm

    Hi Anil, my question is about field 17.a and 17.b in i-765. It is asking for Mother’s birth name, if last name is different from what is printed on my India password is fine? Or do I have to provide any supporting document about mother’s last name change after marriage?


    • Anil Gupta
      Anil Gupta 14 Apr, 19 at 6:25 pm

      You should write your mother’s name as it appears on her passport as today.
      Do not worry about your mother’s maiden name.


  7. Anshul
    Anshul 11 Apr, 19 at 3:54 pm

    Hi anil

    My current H1 expires on 25th August 2019 and the extension has already been filed under premium processing and I expect the decision to be out sometime next week. My wife has H4 visa stamped as per my last petition which has the date of validity as 25th August 2019. I was told that if my wife enters USA after the approval of my H1 B extension, her i94 date would be based on this new petition which would be approved next week and not on the H4 visa stamped validity date ie 25th August 2019.

    Is this true ?

    Based on this I am planning to file for H4 EAD.


    • Anil Gupta
      Anil Gupta 11 Apr, 19 at 4:14 pm

      Your wife will only get i94 based on your H1B extended approval date if she is carrying the H1B i797 and shows it at the port of entry.

      Otherwise, her i94 will have the end date that’s same as her h4 visa.


      • Anshul
        Anshul 11 Apr, 19 at 5:15 pm

        Thanks for the quick turnaround.

        Does she need to carry an original i797 or a photocopy would do ?


        • Anil Gupta
          Anil Gupta 11 Apr, 19 at 5:15 pm

          Original is preferred.


          • Anshul
            Anshul 24 Apr, 19 at 3:51 pm

            Hi Anil

            My wife is arriving to US next week and my H1 B extension which is filed under Premium Processing is in progress and I anticipate I would get the receipt number by next week. Can we apply for H4 EAD based on the receipt ? Or I got to wait till I receive the copy of my new I-797.


            • Anil Gupta
              Anil Gupta 24 Apr, 19 at 5:01 pm

              You can apply H4 EAD based on h1B receipt.


  8. Ram
    Ram 10 Apr, 19 at 6:24 pm

    Scenario:
    1) Current H1 and H4 Expiration date is May 2020 and I140 approved
    2) I got an offer from another company and they submitted H1 Transfer in premium mode and waiting for recipe number . Hoping for approval till April 2022.

    Question:
    1) As H4 is valid till Aug 20202 , I am thinking Apply only for New EAD and no H4 extension at this time. . Can I apply only H4 EAD using H1B transfer receipt number to get EAD till 2022 ? Or do i need to apply both H4 & H4 EAD at the same time to get approval till 2022.

    Please advice


    • Anil Gupta
      Anil Gupta 10 Apr, 19 at 7:19 pm

      You can apply for only H4 EAD with your H1B transfer.


      • Ram
        Ram 10 Apr, 19 at 7:59 pm

        Thanks a lot Anil!
        H4 EAD will be approved till new H1 transfer date [2022] and not based on exiting H4 expiration date [2020] ?
        Do H4 need to go for finger print when we apply only for EAD as well?


        • Anil Gupta
          Anil Gupta 10 Apr, 19 at 8:11 pm

          H4 biometric is not needed if you are not filing H4 extension.
          The H4 EAD end date could be H4 date as you would need to submit h4 proof.


  9. Madhuri
    Madhuri 7 Apr, 19 at 9:09 pm

    I forgot to write Name and I94/SSN/A# on back side of photo. Will it be a problem?


    • Anil Gupta
      Anil Gupta 7 Apr, 19 at 9:26 pm

      Should be okay. No issues.


  10. srinath iyer
    srinath iyer 1 Apr, 19 at 9:08 am

    Hi Friends,

    I need your quick help
    I’m in the process of sending my H4 EAD –I 765 application to USICS.
    My wife’s H1 Application as well as my H4 –I539 application was sent to Nebraska Center. I’m filing my H4 EAD separately.
    As per USICS site, if you are filing Form I-765 with another form, file both forms at the location specified by the other form. For example, if you are filing Form I-765 with a Form I-539, file both forms according to the Form I-539 instructions. – Which will be the Nebraska Center.

    However the site says if you are filing I765 separately , send the EAD to Dallas Center
    . In my case the I539 has been filed with Nebraska center 10 days back, I got the receipt number. Since it is not approved yet, do I need to send my EAD to Nebraska center or the Dallas Center?
    Your quick response will be appreciated.

    Thanks
    Srinath


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 9:44 am

      You should send it to the address specifically at the address for i765 form as you have already file your H4 extension separately.

      If you were filing H4 and H4 EAD at the same time, then you should have used the i539 instructions for address.


  11. Rajiv Nadukuru
    Rajiv Nadukuru 30 Mar, 19 at 12:33 pm

    Hi, for H4 renewal fee do we need to send 1 check for 455$ or 2 checks separately for 370 & 85 after this new form?


    • Anil Gupta
      Anil Gupta 31 Mar, 19 at 1:17 pm

      Your choice if you want to send one check or separately two checks.


      • Pravin Kumar
        Pravin Kumar 31 Mar, 19 at 11:27 pm

        Hi Anil, Thanks for the article and it is very useful. I am in process of extension H4 EAD to my spouse. check has to be for 410 $ right or am i missing anything here ? Please guide.

        Another doubt my spouse has an H4 EAD till Jan 20,2020. Recently i moved to new employer and my H1b extended till 2022. Can i file the extension before 180 days ? since we don’t know whats going to happen for H4 EAD we thought of apply for extension early. Can we go ahead ?

        Thanks.


        • Anil Gupta
          Anil Gupta 1 Apr, 19 at 6:51 am

          The H4 EAD check should be $410.
          You cannot file H4 EAD renewal standalone application before 180 of current EAD expiry.


  12. SJ
    SJ 28 Mar, 19 at 4:43 pm

    Thanks. Added response on the forum.


  13. Immigration Q
    Immigration Q 26 Mar, 19 at 11:57 am

    Hi Anil, I am on H4 with valid H4 EAD until Sep 2019. My employer is filing for my H1B in April 2019. Can I apply for H4 EAD renewal before or after April 1st ?
    Also if I apply for H4 EAD renewal – will it affect my H1B application or vice-versa ?


    • Anil Gupta
      Anil Gupta 26 Mar, 19 at 12:32 pm

      You can apply for H4 EAD renewal anytime. It will not affect your H1B application.


      • Immigration Q
        Immigration Q 26 Mar, 19 at 1:15 pm

        great thank you !! And also how early can I file for renewal ? 6 months before expiration date ?


        • Anil Gupta
          Anil Gupta 26 Mar, 19 at 1:15 pm

          You can apply for H4 EAD renewal 180 days before current EAD expiry.


  14. Raj
    Raj 25 Mar, 19 at 10:29 pm

    Hi Anil, we have applied for my wife’s EAD extension renewal in Jan 8th 2019, she got RFE on Mar 2019 and she has responded on Mar 19th 2019 (California Center). Any timeline when can we expect the Approval?


  15. Annie Ling Chen
    Annie Ling Chen 25 Mar, 19 at 8:02 pm

    hi, my husband’s H1b got approved last December, And his company is transferring him from a contractor to a full-time staff member. And we haven’t gone back to our country to renew our Visa from F to H. So can i apply EAD now? or should I wait until we get our Vise renewed?


    • Anil Gupta
      Anil Gupta 25 Mar, 19 at 8:54 pm

      You need your spouse’s approved i140 to file for H4EAD.


      • Annie Ling Chen
        Annie Ling Chen 26 Mar, 19 at 8:34 pm

        thank you so much!


  16. jelitta jose
    jelitta jose 25 Mar, 19 at 4:38 pm

    My H4 and H4 EAD is expiring on March 31. I have already applied for H4 and H4 EAD extension. However, I need to go to India next month urgently. In that case, I believe I can come back only after the primary applicant’s extension is granted and I need to get stamping from India (based on his new i797 )for coming back. Under this situation, do I need to apply for H4 EAD renewal again after coming back? Or the currently filed one will serve the purpose. Kindly request you to provide an answer.


  17. ARUN
    ARUN 22 Mar, 19 at 6:55 pm

    I’m on a H4-EAD .i would like to start tutoring school kids and do baby sitting – both at home.

    Is it allowed without registering a LLC on my own


    • Anil Gupta
      Anil Gupta 22 Mar, 19 at 9:11 pm

      Yes, its allowed to do any job or your own business on H4 EAD.

      Whether you should do it with or without LLC is a matter of personal opinion.


  18. rekha
    rekha 20 Mar, 19 at 7:24 pm

    hi Anil,
    my husband employer applied H1b and H4 extension in premium process today , they didn’t agree to file H4 EAD together,
    so I am planing to apply myself after I receive the receipt number or what do I need to apply immediately by leaving blank on current receipt ?
    thanks in advance


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 7:39 pm

      Wait for the H1B receipt number and then apply the H4 EAD.
      Even better option would be to wait for H1B approval as you will get it within 10-15 days with premium processing.


      • Rekha
        Rekha 21 Mar, 19 at 4:33 am

        Thank for your response,but if I apply h4 ead after h1 approval will I get my h4EAD fast? I heard normally USCIS will wrap all 3 together .

        my ead expires July 10th


        • Anil Gupta
          Anil Gupta 21 Mar, 19 at 7:29 pm

          What you have heard about is filing ‘concurrently‘ which in your case is not applicable as you are NOT sending all 3 applications in same package.
          So, your H4 EAD will always be processed separately.


  19. rajesh raj
    rajesh raj 20 Mar, 19 at 7:41 am

    If we apply H4ead with my spouse company attorney process would be fast ?or apply by myself ?is there any difference?


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 8:41 am

      H4 EAD Filing by attorney or yourself does not affect the processing speed. Both will take same time.


  20. Nishasai
    Nishasai 19 Mar, 19 at 11:27 am

    I140 approval means I797A form?Is it same or do we need to apply I140 form to attach for h4 ead?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 12:11 pm

      Each USCIS application approval is printed on i797 form. The form name is probably confusing here.

      Sample i140 i797.

      I140 is the application type and the paper on which USCIS writes the approval is known as i797. This i797 approval paper is common for all application types.


      • Nishasai
        Nishasai 19 Mar, 19 at 2:10 pm

        thank you


  21. Tanaji
    Tanaji 18 Mar, 19 at 1:48 pm

    Thanks Anil,
    In this case, we don’t need to attache “Copy of H-4 visa holder’s MOST RECENT I-797 Approval”, right?


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 2:00 pm

      Off-course not as you are filing for H1B and H4 extension concurrently.


  22. nisha
    nisha 18 Mar, 19 at 9:42 am

    iam applying for h4ead.On the personal money order remitter would be my name?or my husband name?


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 10:26 am

      Anyone’s name can be used on money order. It does not matter as long as the money order is valid.


      • Nishasai
        Nishasai 19 Mar, 19 at 11:18 am

        thank you.


  23. Sameera
    Sameera 17 Mar, 19 at 11:32 pm

    Hi Anil, my husband has a new H1 valid until 2021. My current H4 is expiring on Sept 21, 2019 (I-797 approval had June 21,2019 but H4-stamping on passport and I-94 have date as September 21,2019). My current H4-EAD is expiring on June 21, 2019. I am planning to apply for extension of H4 concurrently with renewal of H4-EAD on March 21, 2019 with the old i539 form. So that I can avoid the new bio-metric process and adhere to the 180 days rule.

    Can you please tell me, if you foresee any issue in proceeding like this?

    Where should I send my application to? My husband’s approved H1 petition was filed at California Service Center. So, should I send my package to California Service Center or send it to Phoenix drop-box?

    Also, with concurrent filing, should I include a note on the first page of the package mentioning the set of documents attached? Something like the attached image here


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 7:52 am

      I do not see issue with your plan if March 21, 2019 is 180 days away from Sep 21, 2019. I have not calculated.

      You have to send your H4 and H4 EAD application at the address mentioned here based on H1b receipt number.

      You can include a cover letter mentioning the documents attached.


  24. Amogh
    Amogh 16 Mar, 19 at 7:39 am

    Hi Anil, i have applied for my wife H4 EAD and i paid $495
    considering $410 for EAD and $85 for biometric, it got rejected saying
    wrong amount and sent back. can you please help if it is only $410 that i
    have to send cheque. i am confused.


    • Anil Gupta
      Anil Gupta 16 Mar, 19 at 12:43 pm

      Biometric fees of $85 is required only for H4 extention and not H4 EAD.
      You only need to send $410 for H4 EAD.


  25. Michael
    Michael 5 Mar, 19 at 11:40 am

    Hi Anil, My I-140 got approved last week. My wife’s H4 visa is stamped and it is valid till Jun 2020. I’m going to file H4 EAD for her. Since I’m not filing I-539 now, is Biometrics necessary for EAD? Thanks for your help.


  26. Chithu
    Chithu 5 Mar, 19 at 4:36 pm

    Where should i send my application whether to dallas lockbox or Phoenix.we live in michigan so i m getting confused in the site it says who lives in michigan should apply to Phoenix but in uscis site it says if the h1b recipient starts with LIN should apply to dallas .can u help me


  27. Yin Yi
    Yin Yi 5 Mar, 19 at 3:16 pm

    Hi Anil, If I’m filing the H4 extension along with h1 extension, do I need to put the I797 number? (in Information About Your Eligibility Category, 29)


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 3:36 pm

      You can leave it blank if you are filing H1B and H4 extension concurrently.


  28. Pooja
    Pooja 5 Mar, 19 at 2:32 am

    Hello Anil, For H4 and H4-EAD concurrent application – is it required to send two copies of documents (two separate sets) in the same package? Thank you so much for your help.


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 7:40 am

      Yes, proofs are required separately for each application i. e. H4 and H4EAD.


  29. Sridhar Rao
    Sridhar Rao 4 Mar, 19 at 1:34 pm

    Hi Anil, I appreciate you for help. I have I-140 which was approved in June, 2018 and my wife has H-4 EAD. My H-1B and her H-4 EAD will expire in September this year. I have an offer from another employer who will file for my H1B transfer and extension. What will happen to my wife’s H-4 EAD? Can we apply for an extension based on current employers I-140 or do we have to wait till we get I-140 from the new employer? What happens if my current employer withdraws my I-140 petition?
    Thank you so much for your help!!


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 1:34 pm

      You can apply for your wife’s using approved i140.

      If the i140 is revoked by your employer, then you won’t be able to use it for H1B 6th year extension of file H4EAD.Your new employer will have to file a new i140 if your old one is revoked.


      • Sridhar Rao
        Sridhar Rao 4 Mar, 19 at 2:08 pm

        Thank you so much for a quick response. Can the new employer apply for her H-4 EAD extension with my H1-B transfer application?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 2:53 pm

          Yes, both H1B extension and H1B Transfer can be filed at same time.


          • Sarath
            Sarath 13 Mar, 19 at 5:14 pm

            Anil, Is it the question about the H4 EAD extension? Sorry I’m confused.


            • Anil Gupta
              Anil Gupta 13 Mar, 19 at 8:21 pm

              Ohh yes, sorry. I mistakenly typed the H1B extension instead of H4 EAD. You are right.
              In can’t edit the comment now though.
              Thanks for the tip.


      • Sarath
        Sarath 13 Mar, 19 at 5:14 pm

        “then you won’t be able to use it for H1B 6th year extension of file H4EAD” May I know what it means for H1B 3rd year extension? Should I wait for the new employer to file for i140 to extend the H4 EAD?


        • Anil Gupta
          Anil Gupta 13 Mar, 19 at 8:21 pm

          You are not eligible to file H4 EAD if you do not have i140 approved.


  30. Sage
    Sage 28 Feb, 19 at 10:49 pm

    Hi, What does concurrent filing mean exactly for H4 and H4 EAD – Is it just submitting both I-539 and I-765 forms together with all required documents? Do I have to send two separate checks for fees?
    Thank you very much for all you help!


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 5:31 pm

      Concurrent filing of H4 and H4 EAD means that sending all applications in same package to USCIS so that they know the applications are connected.

      Fees check will be made separately for each application though.


  31. Sandhya
    Sandhya 26 Feb, 19 at 11:36 pm

    Hi Anil,
    1. Does H4 EAD validity also depend on Spouse (Principal H1B) Passport expiry date? The Spouse (Principal H1B) Passport expires on Feb/2020, My colleague was telling it affects as this date is closer, Can you please tell does it affect?
    2. Can we choose the service center while filing H4 EAD application and decide which service center it will be processed?

    Many thanks for helping out the community by answering these questions.


    • Anil Gupta
      Anil Gupta 27 Feb, 19 at 9:13 am

      The H4 EAD validity does not depend on primary H1B;s passport expiry.
      H4 EAD validity depends on the primary H1B’s i797 validity period.

      You cannot choose a service center by your choice. The H4EAD application has to be sent to the address based H1B’s receipt number.


      • Sandhya
        Sandhya 27 Feb, 19 at 3:46 pm

        Thanks for the reply Anil, Appreciate it.
        So while we send the H4 EAD application to Arizona based on H1B receipt, can we choose which service center it will processed such as California Service Center or Vermont or NEBRASKA service center?


        • Anil Gupta
          Anil Gupta 27 Feb, 19 at 4:28 pm

          As I already said, you cannot choose the USCIS service center. It is decided by USCIS once they receive your application.


  32. Sree M
    Sree M 25 Feb, 19 at 9:33 pm

    Is Biometrics needed for H4-EAD?


  33. vasanth rajendran
    vasanth rajendran 24 Feb, 19 at 7:24 pm

    Hi Anil,
    My wife got her H4-ead last week. She is yet to get the SSN. I’m planning to apply for my transfer this week and file h4-ead along with it, If i dont get my ssn by this week can i still apply for H4-ead renewal along with transfer.


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 8:21 pm

      Not sure why you want to file H4 EAD when you just got it last week!
      Anyways, you can apply for H4 EAD with H1B transfer without waiting for SSN. SSN will come within 4-5 weeks anyway.


      • vasanth rajendran
        vasanth rajendran 24 Feb, 19 at 8:37 pm

        Because i got it only till aug 25th 2019, based on my h1b extension end date. Hope i get it for longer duration this time.
        Thanks. In that case i need to select, i need ssn option?


        • Anil Gupta
          Anil Gupta 24 Feb, 19 at 8:51 pm

          Do NOT select ‘Need SSN’ for H4 EAD renewal as one SSB application is already under process for your case.


          • vasanth rajendran
            vasanth rajendran 24 Feb, 19 at 8:51 pm

            Thanks. Then should i leave 13b (provide ssn details section) empty?


            • Anil Gupta
              Anil Gupta 24 Feb, 19 at 10:32 pm

              Yes, leave SSN question 13b blank.


              • vasanth rajendran
                vasanth rajendran 24 Feb, 19 at 10:45 pm

                Thank a ton anil!! One other question, When applying with H1b transfer, Do we need to attach the current employer’s H4 and H1 approval notice?


                • Anil Gupta
                  Anil Gupta 24 Feb, 19 at 10:59 pm

                  Please check the list of documents as mentioned above.


  34. Tejas Raval
    Tejas Raval 23 Feb, 19 at 5:26 pm

    Hi, My H1B transfer and my wife’s H4 petition is still pending with my RFE and my wife’s H4 EAD is expiring on July 7th, 2019. I am preparing for her H4EAD renewal. Can I link H4EAD application with current pending application? I yes, then what is the procedure to link with existing application. Furthermore, her I-94 is expired due to her passport renewal on 3rd Feb, 2019 and now we have a renewed passport. Do we need to renew her I-94 before submitting the H4 EAD application using old visa stamp? Thank you for your help.


    • Anil Gupta
      Anil Gupta 23 Feb, 19 at 6:25 pm

      I have answered the question: How to Apply H4-EAD based on pending H1B/H4 extension receipt number here?

      You should absolutely immediately renew her i94 after passport renewal. Your wife CANNOT stay in USA with expired i94.

      Valid i94 is required for H4 EAD application.


      • Tejas Raval
        Tejas Raval 23 Feb, 19 at 10:41 pm

        Hi, I was told by my attorney that my wife can stay due to pending petition and don’t need to renew I94 for now.


        • Anil Gupta
          Anil Gupta 24 Feb, 19 at 12:44 am

          If her H4 extension was filed before her current i94 expiry, then she is fine.
          You did not mention this fact earlier in your question and hence, i flagged it.


          • Tejas Raval
            Tejas Raval 25 Feb, 19 at 9:34 pm

            Hi, My H1B and H4 petition is still pending and I am sending H4 EAD application now. I am going to include pending petition receipt along with the application. Do I need to still include my older approved I797 notice from previous employer along with the EAD application package along with the pending receipt or just the new pending receipt is good enough? My wife got a new renewed passport recently so do we need to include passport pages along with application in addition to older EAD copy? or older EAD copy is good enough? Thank you very much for your help.


            • Anil Gupta
              Anil Gupta 25 Feb, 19 at 10:05 pm

              As per my information, the pending H1B receipt should be fine.
              Copy of last H4 EAD should be enough.


  35. Kiran K
    Kiran K 23 Feb, 19 at 8:35 pm

    Hi Anil,

    Thank you for answering my questions before. I really appreciate it. I have a question related to “Initial Permission to accept employment” (vs “Renewal”). My wife was employed before on OPT. Then she converted to H-4, and now as part of my H1-B extension, I am doing a concurrent filing for H4-Ext and H4-EAD (Would be the first time on H4-Ead).

    On I-765 should I mark it as “Initial Permission” (Since this is first time for H4-Ead), or “Renewal to accept employment” (Since she was employed before on OPT) ?
    The Alien Registration Number: I have populated it with the A Number found on the previous OPT-EAD card. Is that correct?

    Its amazing how every case is individual, and the I-765 instructions published by USCIS is not clear!!

    Appreciate your help! Thank you.


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 12:10 am

      You can mark it as “Initial Permission” as this is first time for H4-EAD.
      You have written the correct A Number.


      • Kiran K
        Kiran K 24 Feb, 19 at 12:20 am

        Thank you so much for your kind response!


  36. Lokesh Naidu
    Lokesh Naidu 22 Feb, 19 at 7:00 pm

    Hi Anil, My H1 B is approved. My wife’s H4(I539) is in pending now. Planning to apply for H4 EAD renewal. What are the documents I have to submit for H4 legal status? There is no way that I provide the I 539 receipt number.
    Copy of receipt notice should be included ?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 7:15 pm

      You can use the H4 pending receipt number to apply for H4 EAD.


      • Lokesh Naidu
        Lokesh Naidu 22 Feb, 19 at 7:25 pm

        Sorry, where do I have to provide the receipt number. I see there is no way to provide the receipt number in application.
        I don’t have copy of receipt notice. Do I need to get copy from attorney and then only apply for EAD extension.


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 7:25 pm

          Did you check the link that I shared?


          • Lokesh Naidu
            Lokesh Naidu 22 Feb, 19 at 7:48 pm

            Yes I do checked. I see no need to enter H4 (I539) pending receipt number in application.
            Let me put my question in other way. How does USCIS know the filed H4 extension is approved or not.
            Since there is no way of specifying the receipt number.
            Sorry its confusing for me 🙂


            • Lokesh Naidu
              Lokesh Naidu 22 Feb, 19 at 7:48 pm

              also what docs needs to apply for H4 legal status ?


              • Anil Gupta
                Anil Gupta 22 Feb, 19 at 7:59 pm

                Documents are mentioned in above article.


                • Lokesh Naidu
                  Lokesh Naidu 22 Feb, 19 at 9:42 pm

                  Thanks, In this case , I don’t have to attach anything for H4 legal status ? since we have only expiring I 94 and H4 Visa stamping.
                  correct me if I’m wrong.

                  Thanks a lot for your help @spot_anil_gupta:disqus


                  • Anil Gupta
                    Anil Gupta 22 Feb, 19 at 9:42 pm

                    You should attach the i94.


                    • Lokesh Naidu
                      Lokesh Naidu 22 Feb, 19 at 9:54 pm

                      ok thanks . I will attach old expiring I94.

                      Thanks @spot_anil_gupta:disqus


            • Anil Gupta
              Anil Gupta 22 Feb, 19 at 7:59 pm

              They use the primary H1B receipt number to connect.


  37. Kiran
    Kiran 22 Feb, 19 at 5:11 pm

    Hi Anil,

    One of the documents need is “Copy of H-4 visa holder’s MOST RECENT I-797 Approval.”. My wife recently got H4 stamped in home country and came back. In this case there is no I-797 approval except for the I-94). Now I am applying for my H1B extension along with H4-extension and H4-Ead. Is it sufficient for me to send a copy I-94? or is there a way I have to get I-797? Appreciate your help! Thank you!


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 5:57 pm

      I think its clearly mentioned in above article that you can either use i797 OR i94.


  38. Monika
    Monika 22 Feb, 19 at 3:13 am

    I am in Irving TX and my I94 is showing wrong info on my visa status in latest travel history .Any idea how could it be corrected ??I entered on H4 but its showing H1.


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 4:14 pm

      You should contact CBP office at any US international airport to correct your i94 first. The CBP office for i94 correction is usually located inside the terminal itself. You should go to DFW airport terminal. There is a CBP i94 correction office there.


  39. Monika
    Monika 22 Feb, 19 at 3:04 am

    Hi My I94 is showing wrong info.I entered on H4 but its showing H1b .I am filing the extension for H4 EAD .What should I do?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 4:13 pm

      You should contact CBP office at any US international airport to correct your i94 first. The CBP office for i94 correction is usually located inside the terminal itself.


  40. Apnav
    Apnav 19 Feb, 19 at 8:51 am

    Hi Anil,

    Quick question, I am applying for my wife’s H4EAD renewal along with our H1 & H4 extensions; in this case what should we enter in EAC Receipt # Q 29?

    Thanks,


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 9:05 am

      You can leave the Q 29 field blank if you are filing H4EAD concurrently with H1B and H4 extension in the same packet.


      • Kiran
        Kiran 22 Feb, 19 at 4:14 pm

        In this case, if the H4-EAD is approved what would be the start date of employment on EAD card? Is it the date on which H4-Ead is approved, or is it the start date on the Primary beneficiary’s H1B approval date (which would be the next day after the expiry date of current H1B). Thank you!


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 5:42 pm

          The H4EAD benefit is a derivative benefit and is completely dependent on primary H1B.
          Hence, the start and end date for H4 EAD are matched to primary H1B’s validity dates.


  41. Gaya
    Gaya 16 Feb, 19 at 11:18 am

    Hi Anil,
    My current H4 EAD expires April 13th 2019 and we did file for renewal by Jan end/ Feb 1st week. I understand it usually takes 90 days but our attorney mentioned I have to be in the country while applying for the renewal and we had to wait till Jan 15th since I was out of the country. I do have 2 questions.
    1. Is there a way I can expedate the H4 EAD renewal processing, I work as a teacher.
    2 Also if my case is still pending, would I able to travel out of the country because I would like to travel on April 12th for 10 days.


  42. Martin Strydom
    Martin Strydom 9 Feb, 19 at 10:02 am

    ok. I’m able to see the renewal form though.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:11 am

      I am able to see both. Try refreshing the page.


      • Martin Strydom
        Martin Strydom 9 Feb, 19 at 10:19 am

        Refresh helped. Thanks.


  43. Rahul Srini
    Rahul Srini 9 Feb, 19 at 10:01 am

    Hi Anil,
    My wife was having current H4-EAD until Dec-2019. My H1B transfer & H4 was recently approved from SEP-2018 until SEP-2021, so will i be eligible to apply H4 EAD renewal separately based on new approval, even though my old H4 EAD valid until dec 2019? or i can eligible to apply only before 180 days, in my case Jun-2019? Thanks


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:11 am

      You can apply for H4 EAD separately before 180 days of current one’s expiry.
      Yes, offcourse use the most recent H1B approval.


      • Rahul Srini
        Rahul Srini 9 Feb, 19 at 10:42 am

        I can be eligible to apply only after 180 days, in my case Jun-2019? or apply even now with latest approval?


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 2:10 pm

          USCIS will reject by sending an RFE and your fees will not be refunded if you apply more than 180 days in advance.
          So, it’s better you file at 180 day mark.


  44. Aparna
    Aparna 28 Jan, 19 at 8:52 pm

    Hi Anil,
    Our h1,h4 and h4 ead’s expires on April 2nd,2019. My husband is with employer A, they filed h1,h4 and h4 ead extension in normal processing. it went to Vermont center. If in Feb 19 if premium processing opens and if we push to premium processing, does h4 and h4 ead also processed in premium ?? If not , current h4 process time is showing 10 months for h4. I got a receipt for h4 ead in which it’s mentioned I can work 180 days after expiry date. if my ead status is pending. if my h4 is not approved by April 2nd can i work ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      1. You cannot work after H4 EAD expiry. The 180 automatic extension is NOT allowed for H4 EAD specifically.

      2. There is no guarantee that H4 EAD and H4 will be processed in premium if you file for upgrade. It is up-to USCIS to extend this as courtesy. If you get lucky, you might see it approved in premium timeline.


  45. Roh
    Roh 28 Jan, 19 at 8:52 pm

    Hi Anil,
    I am applying H4 EAD for my spouse. however, i have question on item 27, 30 in form i765. Do we need to use c(26) or c(35) for filing H4 EAD?


    • Anil Gupta
      Anil Gupta 28 Jan, 19 at 8:52 pm

      C(26) is correct category for H4-EAD application.


  46. Vijay
    Vijay 28 Jan, 19 at 8:51 pm

    Question, once H4-EAD is approved can the person start work with ITIN until they receive the SSN ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      No, you cannot work without SSN.
      Employer needs to fill i-9 form and it needs an SSN number to be filled.
      Official info


  47. Pankaj Gupta
    Pankaj Gupta 14 Jan, 19 at 10:05 am

    Hi Anil,

    Another question: Since I am waiting for EB3 filing priority date to be current, meanwhile I was preparing documents for filing H4 EAD (work auth (I765 (c(26)) for my wife. Does it make sense to wait for EB3 priority date to be current which could happen in a month and then downgrade from EB2 to EB3 file I140+I485+I765 c(9) together? or shall i go ahead and file I-765 (c(26)? this is a new application.
    Thanks for you help.
    Regards


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      I would suggest to file H4 EAD. A bird in the bush is better than two in the air.


  48. Pingping Zhang
    Pingping Zhang 14 Jan, 19 at 9:48 am

    Hi, Anil, This is Penny. Thank you very much for help me to applied an EAD by myself. Happy New Year!!
    I received my EAD on Nov.16, 2018. But until today I didn’t receive my SSN., and I didn’t move. I applied my EAD and SSNit in the same time. And I called USCIS yesterday, they said I need call the Social Security office. When I called Social Security office, they said I need call the USCIS. So, I called the USCIS again, they told me all the SSN’s problems were belong to the Social Security office. I don’t know how to do and where is the problem.

    Thank you so much again. Thank you for spend your time with me .


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      What did SSN office say? Do they have any application with your name pending with your name or not?

      If no application is pending with SSN office with your name, you can apply again by directly visiting SSN office with your EAD card. It’s easy.


      • Pingping Zhang
        Pingping Zhang 9 Feb, 19 at 10:03 am

        They just said I need call the USCIS and didn’t check anything with my information. So, I should call the SSN office and check if there have my pending application? If no, I can apply again with my EAD card, right? Thanks a lot for give me an answer, thank you!!


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          Yes, you have to check with SSN office.
          The normal time is 3-6 weeks for SSN to arrive.
          It is possible that there is delay due to current government shutdown and holidays.
          So, I would suggest to wait another week and then contact SSN office.


          • Pingping Zhang
            Pingping Zhang 9 Feb, 19 at 10:43 am

            Thank you! You helped me a lot. I have no idea to ask anyone about this question. How luckily I know you!


            • Anil Gupta
              Anil Gupta 10 Feb, 19 at 12:28 pm

              You are welcome.


  49. Ajay Vallab
    Ajay Vallab 14 Jan, 19 at 9:48 am

    Extremely valuable information. Thanks for putting this together.
    Nit: One thing I noticed was when you enter (c)(26) in the ‘H4 EAD Sample form – I765 NEW application’ it was entered as (c)(2)(6) rather than (c)(26)(). I think its okay to leave the last paranthesis blank.
    Looking forward to seeing more great articles from you.
    Cheers


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      It does not matter. It is okay to write either way.
      You are welcome.


  50. Lokesh Naidu
    Lokesh Naidu 14 Jan, 19 at 9:48 am

    Hi Anil, I moved to new Company few months back, that time my wife was in India. Now my company is filing extension for H4 not EAD.
    But they can only provide the H4 extension receipt notice. Can i file for EAD extension with h4 receipt or i have time wait for approval.
    Is there any difference among EAD application with H4 and only EAD.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      Hi Lokesh,
      i have answered this question earlier here (sharing the link to avoid duplicates):
      https://www.truvisa.com/t/apply-h4-ead-based-on-pending-h1b-h4-extension-receipt-number/101

      Let me know if you have more questions.


      • Lokesh Naidu
        Lokesh Naidu 9 Feb, 19 at 10:13 am

        Thanks Anil,
        It is petty much clear. It helps me a lot.
        Since my petition(I797) approved already. For EAD approval still they will wait for H4 Extension (I 539 ) approval ?
        Approval will be given based on my H1 B approval.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:44 am

          H4 EAD approval can only be given if H4 dependent is in valid H4 status.
          H4 status can only be achieved if H4 extension is approved.
          Think this way, how can someone get H4 EAd if they do not have valid H4 in first place?

          USCIS will wait for decision on H4 extension result first.


          • Lokesh Naidu
            Lokesh Naidu 10 Feb, 19 at 12:28 pm

            Thanks make sense.


  51. Dipen G
    Dipen G 14 Jan, 19 at 9:47 am

    Hi Anil,

    My spouse H4 EAD was approved on Jan 4th 2019 and got notice yesterday via MAIL. However while checking case status online it still shows Case is Received. Do you know approximately how much time does it take for EAD to be generated and SSN mailed back to us?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      Once H4 EAD is approved, it takes about 7 to 21 days to receive the card in hand. It is possible that USCIS website is not updated and we are seeing the delays in update too.
      There is nothing to worry if you have got the approval mail.


      • Dipen G
        Dipen G 9 Feb, 19 at 10:02 am

        Thanks Anil for your reply. Now USCIS website is updated with current status which says “Card Was Picked Up By The United States Postal Service”. USPS tracking shows that card will be arrived by tomorrow EOD. Now next step would be wait for another 3 to 4 weeks for SSN. Thanks again for your guidance.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:12 am

          Congratulations and you are welcome.
          Can you share when did you file this H4 EAD and how much time it has taken to get approval?


          • Dipen G
            Dipen G 9 Feb, 19 at 10:43 am

            Thanks Anil.

            My spouse H4 EAD was filed on Nov 21st 2018 and got approved on Jan 4th 2019 so approx. 45 days…


            • Anil Gupta
              Anil Gupta 9 Feb, 19 at 2:10 pm

              That’s pretty good. Which service center is it?
              I am sure it is not California!


              • Dipen G
                Dipen G 10 Feb, 19 at 12:27 pm

                It was California Service Center. May be it was only H4 EAD request that’s why it got approved soon(We already had H1 & H4 extension approved).


                • Anil Gupta
                  Anil Gupta 11 Feb, 19 at 8:13 am

                  Wow.. that’s really fast response from California. We did not expect it.


  52. Anil Gupta
    Anil Gupta 14 Jan, 19 at 9:47 am

    Just fill both forms (H4 – i539) and H4-EAD (i-765) and send it to USCIS.


  53. vasu devan
    vasu devan 14 Jan, 19 at 9:47 am

    Hi Anil, This is Vasu., Hope you are doing good and wish you a very happy New YEAR !!

    I am on H1B and my max out date is on July 17th , 2019.
    My petition end date ( I-129 , EAC # ) and also my I-94 End date is July 17th, 2019.
    I recently got my Approved I-140.. ( With the LIN # )
    My employer will start the extension process sometime in Jan 2019 ( For both Me and my spouse )

    Here are my set of questions which will help me decide on the next steps…

    1. Is it good idea to apply for my spouse H4 EAD now with my current H1B Petition ( EAC # ) ?? or After the H1B / I-94 Extn with that new Receipt # ??
    ( Pls note – The Extension of H1 and H4 will be normal processing and not premium processing )

    Note : ::I would not be able to apply for H4 EAD along with my H1B/I-94 extension as that will be done by my Employer and H4 EAD process has to be take care by myself.. Thats the other challenge i will have to deal with.

    2. If i apply now — Will the end date of H4 EAD be the end date of current Petition ?? or something else ??

    3. Should i give the H1B Petition Receipt # [ EAC # ] or the I-140 Receipt # [ LIN # ] in the PART 2 , Question 29 ??

    4. If i am giving H1B Petition Receipt # [ EAC # ] in PART 2 , Question 29 — Should i send the I-140 Approved receipt copy along with the package ??

    5. Or leaving all this, should i wait till the Decision of Extension of the H1B/I-94 and H4 ( may be around October 2019 ) and then decide on applying H4 EAD based on that decision ?? — Hoping H4 EAD application process will still be in place ( and not be revoked ) 🙂

    Thanks in advance for your prompt reply. !!
    Appreciate all the effort that you put in responding all different scenarios for folks like us.. Thanks and all the best !!

    Regards
    Vasu


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      1, 2. If you apply for H4 EAD now with your EAC receipt, you will get approval only till July 17, 2019. Which would essentially be in-effective as H4 EAD processing is taking about 3-4 months at this time and by the time you get it, you will probably just have 3 months to use.

      My suggestion is to pay your employer the fees for H4 and H4-EAD and file all 3 together in premium to get the fastest result.

      3, 4. Answered already in above article. Please read.

      5. Your choice if you want to wait or apply now. H4-EAD may be revoked anytime. Nobody knows when will it go away though.


      • vasu devan
        vasu devan 9 Feb, 19 at 10:03 am

        Thanks a lot Anil for the prompt reply !!! Much appreciated., 🙂 .. Sure, let me check with my Employer., and then decide on what to be done… Thanks once again and all the best !!!


        • vasu devan
          vasu devan 9 Feb, 19 at 10:19 am

          Hi Anil — Thanks for the reply.. one question that came up.,..wanted to get that clarified. .

          Assuming that my H1/I-94 extension is being filed in 2-3 weeks and i get the receipt # around the same time.,..
          Can i use that pending H1/1-94 extension Receipt # ( Even though its in Pending Status )… while filling and filing the I-765 H4 EAD for spouse ??

          Then what would generally happen ??
          Will it be like only after my H1 / I-94 Extension is approved., The I-765 EAD will be worked upon / approved??
          If that’s the case — -Then what would be the end date of this H4 EAD ???

          Thanks once again for all the responses..

          Regards
          Vasu


          • Anil Gupta
            Anil Gupta 9 Feb, 19 at 10:43 am

            That’s a very common question. I have answered it in detail earlier here.


            • vasu devan
              vasu devan 10 Feb, 19 at 12:28 pm

              Thanks a lot Anil for responding so quickly !! 🙂


  54. shyam
    shyam 19 Dec, 18 at 12:50 pm

    Hello Anil
    I am filling up I-765 form for the first time – H4 EAD application for my spouse. My current H1B is expiring in May, 2019. My employer will be filing my H1B and spouse H4 extension, have agreed to include H4 EAD application for concurrent filing.
    In I-765 #29, what do I mention for the spouse I-797 receipt#? If I mention my current H1B (which is about to expire) will USCIS provide H4 EAD until May, 2019 only. Or should I leave #29 in I-765 blank? Please advise.


    • Anil Gupta
      Anil Gupta 19 Dec, 18 at 12:58 pm

      Leave it blank or better write “Concurrent”. Both are fine.


      • Shyam
        Shyam 14 Jan, 19 at 9:48 am

        Thanks Anil for the info. Helps me a lot!


  55. LSVP
    LSVP 18 Dec, 18 at 12:18 pm

    I have a full time job and my H4 EAD is expiring on Jan 19,2019. I applied for renewal on Nov 16,2018.
    What are my chances of getting my new EAD card? Should i tell my employer now itself? Can i continue to work without getting paid ?


    • Anil Gupta
      Anil Gupta 18 Dec, 18 at 1:51 pm

      I think you should have applied 180 days in advance. The chances of getting approval and card by Jan 29 look low. You can track EAD processing time here.

      No, you cannot work with or without getting paid.
      Your employment should be terminated if you do not get the EAD renewed by the last date.

      Your employer has to be in compliance of form I-9 and if you do not tell your employer, they may be in trouble too as your work authorization will not be in sync with I-9 form.


      • LSVP
        LSVP 18 Dec, 18 at 4:14 pm

        Thank you Anil – i also have a IT company (registered) – what should i do with my business if my EAD extension dint get approved before the expiration? i don’t have employees though


        • Anil Gupta
          Anil Gupta 18 Dec, 18 at 6:25 pm

          Make sure you don’t accept income on your SSN.
          Everything else should be fine.


  56. TM
    TM 17 Dec, 18 at 5:35 pm

    Hi Anil,
    Do we need to send the hard copy of i140 approval notice(i-797) or EAC-xxxxxx- receipt number is enough. As I have the receipt number but not the hard copy of approval notice.
    Thank you,

    TM


    • TM
      TM 17 Dec, 18 at 5:37 pm

      This is for H4 EAD extension


      • Anil Gupta
        Anil Gupta 17 Dec, 18 at 8:02 pm

        You must have sent the i140 approval notice copy at the time of first H4 EAD? Isn’t it?


  57. Sudhak
    Sudhak 16 Dec, 18 at 2:56 pm

    Hi,

    1. I am on H1B and my I140 got approved in 2014.
    2. My spouse is also on H1B.
    3. Due to some health issues my spouse wants to change her status from H1 to H4.
    My question:
    I. She can apply H4 EAD directly (without changing her status H1 to H4)?
    Or
    II. She has to change her status H1 to H4 then apply H4 EAD?

    Please advice…


    • Anil Gupta
      Anil Gupta 16 Dec, 18 at 3:10 pm

      She can apply both H1 to H4 COS and H4 EAD together.


  58. Sundar
    Sundar 24 Nov, 18 at 7:50 pm

    Anil, a quick clarification: In Form I-765, Part 2, Question 27. Eligibility Category : We should mention as (C)(2)(6) or (C)(26). Please advice. I know in simple form it is given as (C)(2)(6) but generally for other categories we do have clauses like i, ii, iii so third bracket is needed but for c26 we can give it as (C)(26) ( ) leaving third bracket as empty?. Please advice. Thanks.


    • Anil Gupta
      Anil Gupta 25 Nov, 18 at 12:45 am

      It should be (C)(2)(6).
      Check the sample given above. It has all the details.


  59. Vaishu Gor
    Vaishu Gor 8 Nov, 18 at 9:31 pm

    Hi Anil,
    I have couple of questions related to i140 approval and H4 EAD application
    I140 approval: My husband’s I140 got approved but we just realized that the last name(alien’s last name) mentioned on approved perm ETA 9089 was completely wrong. Does that mean his I140 too would have incorrect last name. What is the impact on next steps ? and does that impact H4 EAD application too ?

    H4 EAD application
    1) Field named as” Alien Registration Number”: You have mentioned that it should be left blank on sample form but my cousin had mentioned number from I94. Is that correct?
    2) Field named as ” USCIS online account number”. You have mentioned that it should be left blank. What does this field mean?
    3) Eligibility criteria. You have mentioned C26 but i am confused between C26 and C36 . They both look same for H4 applicants. Whats the difference ?
    1) My husband’s company won’t be sharing approved I797 of Form I140 so what number should be mentioned on form and attached as primary evidence for approved I140 as i want to submit application by next week to be in the pool before any EAD decision is made hence, don’t have much time to follow FOIA process to get details.


    • Anil Gupta
      Anil Gupta 9 Nov, 18 at 8:22 am

      Yes, incorrect name will cause issues and USCIS may issue RFE. You should get it corrected as early as possible. Your employer will have to take action to fix PERM name changes.

      1. If this is the first time you are applying for H4-EAD, you probably do not have any A-number.
      Also, the earlier H4EAD form had the same field for writing either A-number of i94 number.
      In this new form (shown in above article), the A-number and i94 number are separate fields.

      2. USCIS online account number is issued to people who file immigrant petitions. H4EAD do not have this number. This form i765 is common to all types of EAD applications and hence, you have these questions. Leave it blank.

      3. For H4 EAD, the eligibility = C(26).

      4. If employer is NOT sharing i140, then you can get it directly from USCIS using FOIA request.

      FOIA request will take time to get your i140. So, plan accordingly.


      • Vaishu Gor
        Vaishu Gor 9 Nov, 18 at 9:33 am

        Thank you so much Anil for your help.Your suggestions have helped so many people and given relief & direction under tricky situations.
        Good wishes to you…


        • Anil Gupta
          Anil Gupta 9 Nov, 18 at 9:41 am

          You are welcome. All the best and let me know if you need more information.


      • Tobin
        Tobin 12 Dec, 18 at 12:31 pm

        Question on 4.

        Do I need to send a copy of approved i797 of approved I140 or the receipt no WAC-00000 is enough? As my employer has shared the receipt no but not the hard copy/soft copy.

        Thank you,
        TJM


        • Anil Gupta
          Anil Gupta 12 Dec, 18 at 12:48 pm

          Yes, you need to send i140 approval copy. Ask your employer to share a copy for H4EAD. They can share if if you have a valid reason.


  60. Pankaj
    Pankaj 29 Oct, 18 at 8:07 pm

    My spouse had received H4 EAD & valid till Jan 2022. But she lost her EAD. So how we can file for replacement? My question is will she get EAD for same duration? What documents I should provide to USCIS?


    • Anil Gupta
      Anil Gupta 29 Oct, 18 at 9:14 pm

      You have to apply again as you would do for H4 EAD renewal. There is an option on the i765 form to choose ‘replacement of lost card’.
      All documents mentioned above are required including a copy of EAD card (if you have it)


  61. SJ
    SJ 12 Oct, 18 at 9:05 pm

    Hi Anil,

    My spouse’s H1 and my H4 and my H4 EAD are expiring on May 19th 2019, We are planning to apply for his H1 extension, my H4 extension and my H4 EAD renewal 180 days prior to expiry(around Nov 19th, 2018). Looking at posts on this thread best option is to apply all (H1B extension, H4 extension and H4 EAD) together at the same time. However, I have few questions on I-765.

    1. I have not worked on H4 EAD yet, so haven’t got SSN. So I have answered 13a as No and kept 13b as blank. Is this the right way or I should apply for SSN based on my current H4 EAD(I am assuming to get SSN I should first get a job, right?) and once I get SSN, then submit application for H4 EAD renewal. any thoughts?

    2. point no. 23 (place of your last arrival) – My I-94 doesn’t state port of entry. I came thru Abu Dhabi, but landed on JFK airport. What should I put answer then?

    3. point no. 29 (enter spouse’s most recent I-797 details) – As his most recent I-797 has expiration date as May 19th 2019 and if we are submitting all extensions (H1B + H4 + H4 EAD renewal) together , then should I still put his current I-797 details or leave this field blank as he may get new I-797 as part of extension.

    Appreciate your thoughts in this regard.
    Thanks.


    • Anil Gupta
      Anil Gupta 12 Oct, 18 at 11:35 pm

      1. You can either apply SSN now or with your H4 EAD renewal. Your choice. It is NOT mandatory to have job to apply for SSN.
      With H4 EAD, you can apply for SSN

      2. Abu Dhabi question has already been answered in above article. Please read it.

      3. You can leave it blank or write “concurrent” as you are filing all 3 together.


      • SJ
        SJ 13 Oct, 18 at 1:48 pm

        Thanks. I will apply for SSN with H4 EAD renewal.

        For question 3, I am bit hesitant on what to do. Should I write CONCURRENT in the boxes which are meant for receipt number? If I leave it blank won’t that give some wrong indication?


        • Anil Gupta
          Anil Gupta 13 Oct, 18 at 2:08 pm

          Yes, concurrent had to be written in the box meant for receipt number.


          • SJ
            SJ 13 Oct, 18 at 6:18 pm

            For question 2, I went thru information on this page. It says to put “MAA – ABU DHABI INTL” . However I didn’t understand what does “MAA” stands for? Abu Dhabi airport code is AUH and that’s shows on i94 traveler history page as arrival location “AUH”.

            With that what should I put?


            • Anil Gupta
              Anil Gupta 13 Oct, 18 at 10:01 pm

              The name may have changed. You should write the name as it is written on your i94.


              • SJ
                SJ 15 Oct, 18 at 6:02 pm

                Thanks.

                I have another question may not be related here. See if you can answer.

                I had an old passport A which was renewed in 2013. I had used that passport to enter in USA few times.
                I have new passport B which I have used to enter in USA few times after 2013.
                I happened to visit this site to check my travel history: https://i94.cbp.dhs.gov/I94/#/home
                When I click “Get most recent I-94” I have to enter details as per new passport B. With that I can see I-94 showing my most recent details.
                When i click “View travel history” with new passport B details, it says ‘No travel history found’.
                Now instead of entering new passport B details if I enter old passport A details then it pulls up travel history with some missing travel information e.g. it doesn’t show one of the departure date.
                What to do in such scenario?


                • Anil Gupta
                  Anil Gupta 15 Oct, 18 at 6:19 pm

                  No need to do anything on your part. You are good.
                  It is possible that some data has not been updated in CBP system.


                  • SJ
                    SJ 7 Dec, 18 at 2:39 pm

                    A friend of mine applied for H-4 EAD extension and she did it thru her spouse’s employer attorney.
                    She stated that attorney filed form G-28 NTA along with I-765.
                    I happened to see that form G-28 which attorney had filed and I could see attorney information in that.

                    My question : is it mandatory or needed to file G-28 during H-4 extension/renewal?


                    • Anil Gupta
                      Anil Gupta 7 Dec, 18 at 2:53 pm

                      G-28 form is to appoint the lawyer as your attorney. Off-course, your friend would have signed it and appointed this lawyer as his/her attorney to respond on his/her behalf.
                      It is optional but if you use an attorney to file any application, you would use form G-28.
                      If you file the application yourself directly with USCIS, you do not need this form.


                    • SJ
                      SJ 19 Dec, 18 at 5:59 pm

                      I just noticed my I-94 shows last date of entry as Nov 27, 2017.. However, the stamp on my passport shows Nov 28, 2017..

                      my I-94 doesn’t show any arrival location.
                      my I-94 travel history shows arrival location as AUH
                      my passport has a stamp with date as Nov 28,2017 and “Admitted AUH”

                      With all that, for point 23 I can write “AUH – ABU DHABI INTL” or just “AUH”
                      But what about point 22 for Last arrival into United States??


                    • Anil Gupta
                      Anil Gupta 19 Dec, 18 at 6:40 pm

                      Point 22= i94 date
                      Point 23 = AUH – ABU Dhabi Intl


                    • SJ
                      SJ 14 Jan, 19 at 9:47 am

                      I have one more question about Point 6 on page 7. I can see on sample form you have mentioned just the name for that Point 6.
                      Is it mandatory to put the name? Or its optional?


                    • Anil Gupta
                      Anil Gupta 14 Jan, 19 at 10:04 am

                      It is optional. Write the name only if you have any additional information to share on page 7.


                    • SJ
                      SJ 9 Feb, 19 at 10:03 am

                      Thank you. I will leave it blank as I don’t have any additional information to share.


                    • SJ
                      SJ 12 Feb, 19 at 3:49 pm

                      Thanks for the guidance. Got approvals.
                      One more query:

                      Current visa expires on 19th May. Approved I-797 has start date from 20th May 2019.
                      With that, if I travel outside to India before 19th May somewhere in April 2019, can I get visa stamping done for period starting from 20th may 2019 until the duration of I-797 ?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 3:49 pm

                      Congratulations.
                      Yes, you can get stamping done based on the new i797 approval term.

                      In-fact, stamping is not really required. You can carry the i797 with you and on your return to US, you can request the immigration officer to give you i94 based on the new i797 approval validity. They usually do it.
                      You can use your exiting stamp to enter.


                    • SJ
                      SJ 12 Feb, 19 at 6:24 pm

                      A bit confused as you said both things.

                      1.
                      “Yes, you can get stamping done based on the new i797 approval term.”
                      – Even though my current visa is not expired, still I can get another visa based on my future I-797 dates?
                      So I will have two visa’s before I enter to USA, right? One which is still active until May 2019 ; Second one which will have start day from May and will be valid until I-797 expiration date.

                      2. “In-fact, stamping is not really required. You can carry the i797 with you and on your return to US, you can request the immigration officer to give you i94 based on the new i797 approval validity. They usually do it.
                      You can use your exiting stamp to enter.”
                      – If I enter with current visa(which is valid until May 2019), but i94 based on new I797 validity date. With that if I happen to visit India anytime after May 2019, then do I need visa stamping? Or I can still enter with valid i94 ?


                    • Anil Gupta
                      Anil Gupta 12 Feb, 19 at 6:48 pm

                      You cannot use i94 to re-enter USA. You need a valid visa at the time of entering USA.


                    • SJ
                      SJ 12 Feb, 19 at 4:04 pm

                      Thanks for the guidance. Got approvals.


              • SJ
                SJ 19 Dec, 18 at 5:57 pm

                I just noticed my I-94 shows last date of entry as Nov 27, 2017.. However, the stamp on my passport shows Nov 28, 2017..

                my I-94 doesn’t show any arrival location.
                my I-94 travel history shows arrival location as AUH
                my passport has a stamp with date as Nov 28,2017 and “Admitted AUH”

                With all that, for point 23 I can write “AUH – ABU DHABI INTL” or just “AUH”
                But what about point 22 for Last arrival into United States?


  62. John
    John 12 Oct, 18 at 3:01 pm

    Hi there,

    1. May I know that what is the actual USCIS application fee for H4 EAD renewal?
    2. Does H4-EAD required Biometric details/appointment ?

    Thanks in advance.


    • Anil Gupta
      Anil Gupta 12 Oct, 18 at 4:04 pm

      1. Fess H4 EAD = $410
      2. No bio-metric appointment/details are required.


      • John
        John 12 Oct, 18 at 4:24 pm

        Thank you so much Anil for your quick help!


  63. Madhulika Katiyar
    Madhulika Katiyar 23 Sep, 18 at 3:06 pm

    Hi,

    Do i need to pay biometric fees as well with application ? Does H4-EAD required Biometric details/appointment ?

    Thanks,
    Madhulika


    • Anil Gupta
      Anil Gupta 23 Sep, 18 at 4:11 pm

      No bio-metric is needed for H4 EAD.


  64. Kumar
    Kumar 12 Sep, 18 at 9:36 am

    I am also in the same status, Please let me know if you submitted and how long it will take for the process.


  65. EADQuestion
    EADQuestion 11 Sep, 18 at 10:46 am

    Hi Anil, I have a QQ. When will we get notification on the email/text using the ” Form G1145″? My documents reached last week. I did not receive any notification yet. Also, will we get email/text notification if submitted using FedEx or UPS?


    • Anil Gupta
      Anil Gupta 11 Sep, 18 at 10:52 am

      Yes, you will get SMS text as and when they enter your application data in their system.
      Check if the fees check been cashed by USCIS?
      That is another indication that your application’s processing has started and has been added to queue.


      • EADQuestion
        EADQuestion 12 Sep, 18 at 11:16 am

        Thanks Anil for the reply. That’s a good tip. I will keep monitoring the bank account as well.


  66. Vid
    Vid 29 Aug, 18 at 11:35 am

    Hi Anil,
    My Husband was in L1 Visa .I got L2 EAD which was expired now. Now my husband moved to H1B Visa.I going to apply for H4 EAD? In I765, Do i have to select “Initial Permission or Renewal My permission”?

    I have USCIS number in Expired L2 EAD, can i use it in I 765 form for H4 EAD?

    Thanks in advance
    Vid


    • Anil Gupta
      Anil Gupta 29 Aug, 18 at 11:59 am

      You can choose ‘Initial Permission or Renewal My permission’ as you are applying under new category i.e. C(26) for H4 EAD.
      Yes, you can use your USCIS number in i765 form.

      Please note that i have edited my answer.
      You can also choose the other option, but it is better to use new EAD option. USCIS is not clear about which option to choose.
      Hence, you can choose the new EAD.


  67. Monika
    Monika 16 Aug, 18 at 2:32 pm

    Hi Anil,
    I have a doubt regarding First Name and Last Name:

    1) Passport:
    Surname –
    Given Name – Monika

    2) H4 visa:
    Surname – Monika
    Given Name – FNU

    3) I94:
    Surname – Monika
    Given Name – FNU

    It’s written that I should write the name same as mentioned in Passport, but as per USA rules Last name should be included.

    Please advise me on this.


    • Monika
      Monika 16 Aug, 18 at 5:55 pm

      Can you please help me. It’s urgent.

      Thanks!


      • Anil Gupta
        Anil Gupta 16 Aug, 18 at 7:58 pm

        It looks like your surname was entered as ‘Monika’ while filing the H4 visa.
        So, in H4 EAD form, you can do the same and write surname as ”Monika” and leave first name blank.

        The name filing instructions are same for all visa application forms. So, while filing H4 visa, your name should have been matched to passport but it was not.
        So, don’t worry. Just write “Monika” as surname to match your H4 visa and apply.


        • Monika
          Monika 16 Aug, 18 at 10:52 pm

          Thanks alot for you help 🙂

          So, instead of leaving the First Name blank can I write FNU, because while filling the H4 Visa I mentioned FNU as my First Name.


          • Anil Gupta
            Anil Gupta 17 Aug, 18 at 6:50 am

            Yes, you can do that.


            • Monika
              Monika 17 Aug, 18 at 10:52 am

              Thanks for your help, I greatly appreciate it.


              • Anil Gupta
                Anil Gupta 17 Aug, 18 at 10:37 pm

                You are welcome.


  68. AD
    AD 4 Aug, 18 at 8:50 am

    HI All,

    I am planning to submit for my spouse’s H4EAD.

    I see there is a document in the checklist which I dont have.

    I have my H1 I797 but my spouse does not have one since her visa was
    approved/stamped based on my H1 and I797 and while she was in India.

    Can someone please tell me if this is mandatory? or can I just send I94 and H4 visa as prove of her valid stay in USA?


    • Anil Gupta
      Anil Gupta 4 Aug, 18 at 9:23 am

      You can submit the i94 copy as proof of H4 status.
      In above article, it is mentioned as i797 OR i94 copy. So, any one can be used.


  69. Suneel
    Suneel 11 Jun, 18 at 1:37 pm

    Hello Anil, Regarding the item number 5, my wife has a new I797-C copy after I changed employer but it doesn’t contain updated I-94 details. The I-94 downloaded from the CBP website contains the previous I-94 details. Can I still submit for H4-EAD process with I797-C copy?


    • Anil Gupta
      Anil Gupta 11 Jun, 18 at 1:43 pm

      Have you got the H4 extension approval? From your question, it seems you just got the H4 extension receipt but not the approval.

      I suggest to wait for the H4 approval before applying for H4 EAD as it needs an updated i94, which would be attached to the new H4 extension approval (new i797 form).


      • Suneel
        Suneel 11 Jun, 18 at 1:56 pm

        I received the notice 8 months ago and it have start date and valid until date. Isn’t that sufficient? I should only submit the document with latest I-94? Then probably I should reach out to my HR or attorney?

        Another question, regarding the filing fee can the personal check be on my name even though the applicant is my wife?


        • Anil Gupta
          Anil Gupta 11 Jun, 18 at 2:08 pm

          Hi Suneel,
          1. I cannot comment about what kind of approval you have on i797C form until you clearly say if it is H4 extension approval and what dates it has.
          What does the form say in the “Notice Type” section?

          i94 is attached with APPROVED i797 and the “Notice Type” section will mention that “Application was Approved”.

          2. Yes, personal check works irrespective of who issued it.


          • Suneel G
            Suneel G 11 Jun, 18 at 2:32 pm

            Hello Anil, it’s a H4 approval notice I received directly from USCIS in mail after my H1 transfer has been approved. Please refer the attached image.

            Notice type says: Approval Notice


            • Anil Gupta
              Anil Gupta 11 Jun, 18 at 2:39 pm

              This looks good. So, your H4 extension has been approved. This clears one confusion.
              Read the text written by USCIS. It says that “i94 is attached below”.

              If you have not received it, then your employer’s attorney would have received the official USCIS notice of approval with new i94 attached to it.
              Normally, attorney’s give the H4 applicant address directly so that the document is mailed directly to them but in your case, it looks like they gave their own address.

              Check with them and get your wife’s i94 copy and use that i94 number.
              Ideally the new i94 should have been updated online too.

              It sounds a bit strange to me that online CBP website is NOT showing the new one. This happens if your extension is approved with “consular processing”.
              But, before going there, you should first check with your employer and see if they have your wife’s new i94 who’s end date is greater than or equal to your i797C date.


              • Suneel G
                Suneel G 11 Jun, 18 at 2:45 pm

                Sure. I’ll contact my HR/attorney for updated I94. Thanks a lot for diving into my case. You’re doing a great job with this forum.


                • Anil Gupta
                  Anil Gupta 11 Jun, 18 at 2:47 pm

                  You are welcome. Let me know if you need more information.


                  • Suneel
                    Suneel 18 Jun, 18 at 1:15 pm

                    Hello Anil, I have received the I797-A copy for my wife from my employer and I have applied for H4 EAD on friday. The status says it’s delivered today. I have filed G1145 form and sent along with the other documents. How long will it take to receive the receipt number from USCIS?


                    • Anil Gupta
                      Anil Gupta 18 Jun, 18 at 1:25 pm

                      Wow..that is cool. All the best.
                      Receipt number is delivered usually within 7-10 days by USPS mail to your mail box.
                      Since you filed G1145 form, you will get an SMS too on the phone number you shared there. It usually contains the receipt number too.


  70. harinath gaddam
    harinath gaddam 8 Jun, 18 at 4:40 pm

    Hi Anil,
    My H1b got extended in 2016 , then my wife got visa stamping in early 2017 and came to US.
    Recently my I-140 got approved and now I am planing to apply H4 EAD for my wife.

    While filling the I-765 , one of the filed shows “Alien registration number ( A- number) or Form I-94 number (if any)” , so what do I need to enter here ?

    is it that I-94 no from the bottom part of my I 797 ? ( my wife not included at the time of my h1 extension)
    Or
    My wife’s I-94 number from – https://i94.cbp.dhs.gov/I94/#/recent-search

    which is correct I 94 number ?

    Thank you


    • Anil Gupta
      Anil Gupta 8 Jun, 18 at 8:42 pm

      I94 number has to be your wife’s i94.
      Have you applied for her H4 extension while she was in USA?
      If yes, then her new i94 would be attached to her i797 approval.
      If no H4 extension has been applied for her, then, her i94 would be found online on the link you shared.


  71. SN
    SN 5 Jun, 18 at 12:28 am

    My current I797 (After extension) shows validity till September 2019 while current I94 shows admit until date 12/11/2018 (might be because of my passport expiry, which i am planning to renew very soon). My questions are – 1) If i apply for H4EAD, what document should i submit – I797 or I94 along with application? (2) H4EAD once approved will have validity based on I797 or I94?


    • Anil Gupta
      Anil Gupta 5 Jun, 18 at 6:07 am

      1. Either i797 OR i94 can be submitted for H4 status proof. In your case, i would suggest to submit i797 as it has the correct validity date.
      2. your i94 can be renewed either by submitting H4 extension request (filing form i539) or going out of US and re-entering. We recently did visit Laredo, TX US border to get i94 extended.


      • SN
        SN 5 Jun, 18 at 7:27 pm

        Thanks a lot for sharing your experience. This really helped.


  72. Hanwen Wang
    Hanwen Wang 29 May, 18 at 9:51 pm

    Hey Anil.
    Could I apply H4 EAD for my spouse while my I140 has been approved while H1B application still pending?
    My H1B application is selected by USCIS but has not been approved by USCIS yet. I just got my I140 Approval notice recently.
    Could I do concurrent filing of H4 and H4 EAD for my spouse based on one pending H1B application?
    Thanks


    • Anil Gupta
      Anil Gupta 30 May, 18 at 7:31 am

      I don’t understand your specific scenario correctly.
      You can apply H4 and H4-EAD concurrently anytime till the time they both are valid and have some valid tenure left.

      Normally, the H4 expiry is tied to H1B. So, if you are applying for H1B extension because its expiring soon, the chances are high that the H4 is also going to expire at the same date.

      Let me know if I understood your query and answered it correctly?


  73. Riya Rani
    Riya Rani 28 May, 18 at 7:18 pm

    Hi….Need urgent help on I-765 (H4 EAD Form)……What first name & last name i must use in I-765 form. My passport missing last (surname) so in h4 its now FNU Riya Rani.

    Also there is one i-94 which is attached with i-797 below part has name of ‘Riya Rani’. but when i go online i have to use FNU Riya Rani for i-94.

    First name Last Name
    I-94 Form & H4 Visa Stamping FNU RIYA RANI
    I-797, I-539 Form, US DL RIYA RANI
    India Passport RIYA RANI Blank


    • Anil Gupta
      Anil Gupta 28 May, 18 at 9:48 pm

      I am pretty sure you had filled ”Riya Rani” as family name in various visa application forms and left the ‘first name’s field blank.

      I would suggest to keep the same naming convention in i-765 as what you have filled in form i-539.
      Does that answer your question.


      • Riya Rani
        Riya Rani 29 May, 18 at 9:32 am

        Ok. So we must use first name Riya and Surname Rani in i-765? which is same in the i-539, i-797. But on h4 visa stamp its FNU Riya Rani bcoz on passport last name was misssing. OR you suggesting fist name FNU and Surname Riya Rani in i-539.


        • Anil Gupta
          Anil Gupta 29 May, 18 at 9:46 am

          I would suggest to keep information same as i-539.


  74. KG
    KG 21 May, 18 at 1:36 pm

    Hi Anil,
    This article has everything i was looking for to prepare the H4 EAD application & process. Thanks!

    I have few queries, could you please clarify them?
    My status:
    I have my I-140 approved in last December and my H1 got extended for 2 more years in May 2018. We are planning to apply for H4 EAD for my wife with approved I-140. Meanwhile i got an offer from another company and they are going to transfer my H1 to their name in couple of weeks.

    Also my current employer may revoke the I-140 but my 140 will be 180 days older this month end.

    My questions:
    1. Is it okay to apply the H4 EAD application now with my existing documents?
    2. Will there be any issues if i change my employer after applying the H4 EAD but before it gets approved.
    3. What happen if my current employer revoke the I-140

    Thank you!
    KG


    • Anil Gupta
      Anil Gupta 21 May, 18 at 1:46 pm

      1. Yes, it okay to apply for H4-EAD with your existing documents.
      2. No issues.
      3. Nothing. Your H4-EAD, if approved will be valid. These days I-140 stays valid after 180 days even if employer revokes it.


      • KG
        KG 21 May, 18 at 7:14 pm

        This helps! Thank you so much!


  75. Vishal Tiwary
    Vishal Tiwary 19 May, 18 at 11:24 pm

    Hi,

    Do we need to send based on I-797(I-140) or I-797 A first three letter?

    thanks..


    • Anil Gupta
      Anil Gupta 20 May, 18 at 6:51 am

      1. Other names used (name before marriage) should be mentioned for H4 EAD spouse even if it is not mentioned on passport.
      2. Use H1B primary visa holder’s MOST recent I797 approval’s receipt number’s first 3 letters.


      • Vishal Tiwary
        Vishal Tiwary 20 May, 18 at 1:08 pm

        Thanks a lot.

        One more question: In my passport the Visa stamp is old one as I did not get new stamp after extension. Do I need to send the old visa stamp copy?


        • Anil Gupta
          Anil Gupta 20 May, 18 at 1:18 pm

          Not sure who you are applying as? ‘You’ are the H1B holder or H4 Spouse? Please clarify your question.


          • Vishal Tiwary
            Vishal Tiwary 20 May, 18 at 1:19 pm

            I am on H1b, I am applying for my wife . But both passport do not have latest Visa stamp as we did not go India after extension.


            • Anil Gupta
              Anil Gupta 20 May, 18 at 1:23 pm

              None of your passport visa stamp is required at all if you have other proofs.
              Are you trying to send US visa stamp as a proof for ‘Government-issued identification document with photo’?

              Please help me understand why you are thinking of sending visa stamp copy? Then, i can answer your question correctly.


              • Vishal Tiwary
                Vishal Tiwary 20 May, 18 at 1:25 pm

                Yes as identification. I am sending first/last page but wanted to send visa copy as well as saw in some forum. Do you think it is not required?


                • Anil Gupta
                  Anil Gupta 20 May, 18 at 1:26 pm

                  Nope. Its not required if you are sending Passport copy. Only 1 photo ID proof is required.
                  Not sure why other forum has advised you to send more than one proof !

                  I would not advise to send more than what’s asked / required by USCIS.
                  People have got the H4-EAD (renewal too) without any issue after following what we have shared above.

                  On the other hand, if your visa stamp has already expired, it is not counted as a valid proof anyway 🙂


                  • Vishal Tiwary
                    Vishal Tiwary 20 May, 18 at 1:32 pm

                    Ok. thanks.. and just I-797 copy is good for I-94 also as that is latest one, no need to send the I-94 for my last entry to USA, correct?


                    • Anil Gupta
                      Anil Gupta 20 May, 18 at 1:38 pm

                      You are mixing things up a lot. Did both you (H1B) and (H4) traveled outside USA recently?

                      For H4 status proof, you need any one of this from H4 extension (not your H1B)
                      1. Copy of H-4 visa holder’s MOST RECENT I-797 Approval. If H4 extension has been done recently, use the extension approval.
                      OR
                      2. Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).

                      So, if your plan is to submit i94 instead of H4 i797 approval, then use the MOST RECENT one. This means if H4 traveled outside USA after the H4 extension was approved, then H4 would have got a new i94.
                      Use the new i94 instead of the one attached to H4 i797 approval.

                      Does that answer your question?


                    • Vishal Tiwary
                      Vishal Tiwary 20 May, 18 at 3:20 pm

                      Ok, got it. I was also trying to follow one of my friend procedure so things are getting mixed up. He sent some extra doc aslo like I-797 of H1 visa holder, cover letter etc…


                    • Anil Gupta
                      Anil Gupta 20 May, 18 at 4:12 pm

                      Well, nothing extra is required apart from what we have mentioned above.
                      Rest is your choice.


  76. Anil Gupta
    Anil Gupta 18 May, 18 at 10:37 pm

    Sorry for late response. Your comment was stuck in SPAM.
    I would strongly advise to file H4 and H4-EAD with H1B and that too in premium. The chances of all 3 getting approved at the same time are high if you apply all of them concurrently.


  77. Nikhil
    Nikhil 16 May, 18 at 3:13 pm

    Hi Anil ,

    I am filing with my H1b with my new employer, My spouse h4 and h4 ead is valid till Sep 2019, Should I need to file both H4 and H4 ead with my h1-b


  78. Rakesh
    Rakesh 16 May, 18 at 2:49 pm

    Thanks for confirming Anil. My H4 EAD expires on Sep 30th 2018, so I am worried now whether I get approval before it expires if i file in couple of days. As processing time is 4 to 6 months.

    I filed for H4 renewal on April 1st, it is still in pending status.
    If I file H4 EAD with H4 renewal receipt, will they treat as single application? or two separate applications?


  79. PS
    PS 9 May, 18 at 6:19 pm

    Hi Anil,
    Do we need to submit Spouse paystubs when applying for H4EAD.few websites say so, can you please advice on this?


    • Anil Gupta
      Anil Gupta 10 May, 18 at 1:37 pm

      No, there is NO need to submit spouse pay stubs if you have all the documents as we have listed above.
      There is no official requirement from USCIS to submit any payroll stuff.


  80. chand
    chand 28 Apr, 18 at 7:57 am

    Hi Anil,

    5) Place of Birth(State/Province) section is not accepting the complete name (ex: Andhra Pradesh) , Can i just type AP overthere or should i print out and write with pen the complete state name? please advise!!


    • Anil Gupta
      Anil Gupta 28 Apr, 18 at 8:33 am

      You can just write ‘Andhra P’ or ‘AndhraPrad’. That should be enough.


  81. Anil Gupta
    Anil Gupta 23 Apr, 18 at 3:37 pm

    1. Accept Employment.
    2. Yes, provide previous EAD details.
    3. C(26) is the eligibility category for H4-EAD


  82. Anil Nair
    Anil Nair 20 Apr, 18 at 12:21 pm

    I am applying for my H1 renewal, my wife h4 and H4 EAD concurrently
    My wife already had H4EAD and I am submitting for my H1 and her’s H4 renewal along with this application.
    So the question is in Form I-765 (For H4EAD)what is the Form I-797 number that i would enter since (c-26 Eligibility Criteria).
    The supporting documents for H4EAD renewal that i would need to submit would be
    1. Copy of previous h4EAD
    2. Copy of old I797
    3. Copy of I-140
    Thanks
    Kris


    • Anil Gupta
      Anil Gupta 20 Apr, 18 at 1:48 pm

      You can leave the i797 number blank as you are filing concurrently with H1B.


  83. Manisha Shukla
    Manisha Shukla 18 Apr, 18 at 9:47 pm

    I am 20 days short for 180 days for my EAD renewal . Will my application be rejected if I send it before exact 180 days ? Thanks in advance


    • Anil Gupta
      Anil Gupta 19 Apr, 18 at 7:20 am

      Yes, USCIS will return your application if they receive it before 180 day mark.


  84. Anil Gupta
    Anil Gupta 18 Apr, 18 at 6:35 am

    1. SSN remains valid for life. It does not have any expiry date.
    2. You can visit SSN office and request for change of her last name. This can be done.
    3. Yes, you should mention her old name with old last name as ‘other names used’.


  85. Jayam Madan
    Jayam Madan 18 Apr, 18 at 12:30 am

    Hi Anil,

    I have a question on SSN. My spouse had a SSN when she traveled first on L1 Visa. She is in H4 now and old SSN cannot be verified . Not sure if it is valid or not. I am not sure if i need to publish old SSN for question 9B and request for a new one as her Last name got changed after the marriage.

    Also have a question on Last name Used , her last name got changed after marriage. Should i mention it in Other Names used as her last name is used for old L1 Visa.

    I know you may not have answers for all these. Please answer if you are aware of these.


  86. Anil Gupta
    Anil Gupta 3 Apr, 18 at 10:20 am

    If your spouse’s current H4-EAD has expired and the H4-EAD renewal application is still pending, then she CANNOT work.

    The work can be re-started only after she has received the physical EAD card after renewal.


    • Prashant
      Prashant 3 Apr, 18 at 2:52 pm

      Thanks Anil for your reply. Its funny, when I called USCIS they said, my spouse can work while application is pending, as long as application is filed before EAD expiration date.


      • Anil Gupta
        Anil Gupta 3 Apr, 18 at 3:38 pm

        USCIS does have an EAD rule which provides automatic interim work permit for upto 180 days (to give continuation of job) if filed before its expiry.

        But, 180 day extension rule in not applicable for H4 EAD.


        • Prashant
          Prashant 4 Apr, 18 at 9:28 am

          Sure, that make sense Anil. Thanks a bunch !
          Appreciate your response and time.


  87. Prashant
    Prashant 3 Apr, 18 at 10:10 am

    Hi Anil,
    Thanks for all the information on this page, it is great.
    Quick Question – Can my spouse still continue working on H4-EAD while her H4-EAD renewal application is still pending with USCIS ?


    • Prashant
      Prashant 4 Apr, 18 at 6:43 am

      Thanks Anil, you have stated correctly. I have checked it further on USCIS website and Automatic renewal is not applicable specifically to H4-EAD and that would mean, its better for me to get my H1 extension as early as possible to get enough time to file my spouse H4-EAD. Thanks again !


      • Anil Gupta
        Anil Gupta 4 Apr, 18 at 7:45 am

        I would strongly recommend to file all applications i.e. H1B extension, H4 extension and H4-EAD renewal together (in same package) in premium.
        This way, in most cases, H4 extension and H4-EAD is also processed within 15 days along with H1B extension. You do not have to wait.

        These days, H4-EAD is taking somewhere between 5.5 to 7.5 months to get a result.

        I am sure this will give you a bigger hit if your spouse loses work authorization for even a month than paying for premium processing.


        • Prashant
          Prashant 4 Apr, 18 at 9:29 am

          Sure, that make sense Anil. Thanks a bunch !
          Appreciate your response and time.


  88. Nagashree Bhat
    Nagashree Bhat 19 Mar, 18 at 8:45 pm

    Hi Anil,
    Thanks for the reply.i tried to fill the form by typing to avoid mistakes .if I write by hand I have to make it 2 different line in the same box.if that’s the case will it be scanned properly?


  89. nagashree bhat
    nagashree bhat 19 Mar, 18 at 2:10 pm

    I am not able fill my complete first name in the box as my first name is quite big. how should i fill that.


    • Anil Gupta
      Anil Gupta 19 Mar, 18 at 2:49 pm

      Have you tried filling the form by hand or by typing?
      If it is not working with typing, you can write using your hand to accommodate in the space provided on form.


      • Anil Gupta
        Anil Gupta 20 Mar, 18 at 6:58 am

        It should be scanned.
        Typing is better always. If you can make it fit with typing, that’s the best way to do it.
        I think in your case, you must have faced the same problem with filling other USCIS forms as well like H1B or any other.


  90. abhishek
    abhishek 11 Mar, 18 at 2:30 pm

    Thanks for your quick response. Could you please let me know that If a person is looking for job change even he can apply H4 EAD as it approved by previous employer. Is there any time line define for it. Also, is it good advice to file H4 EAD or have to wait till the decision on H4 EAD?


    • Anil Gupta
      Anil Gupta 11 Mar, 18 at 3:20 pm

      Your question is not clear to me.
      H4-EAD is NOT attached to any employer from the spouse’s point of view. If your H4-EAD spouse want to change employer, he/she can change employer it without re-applying for another H4-EAD.

      If your question is regarding change of employer for primary H1B holder, answer is here.

      Let me know if this answers your question.


  91. Ankit Garg
    Ankit Garg 19 Feb, 18 at 1:26 pm

    Thanks Anil. Quick follow questions based on your response.
    3.a. My wife is currently on H1B, So how would this be proved that she is on valid “H4”. Should I give H1 copy? If yes – which one like the last approved one which is already expired OR the one in pending status (same as mine)
    3.d. Yeah we don’t have a valid I-94 as everything is pending for processing. but shouldn’t we put the latest I-94 as it’s is one of the required document?

    Thanks for all other answers. I am reaching out to Senator as well just to keep my finger crossed as there is no time left.


    • Anil Gupta
      Anil Gupta 19 Feb, 18 at 1:44 pm

      3.b. You will have to attach the COS application receipt number notification copy. That’s the only thing you are doing to move her into H4 status.
      3.d. It is either H4 approval copy OR i94 that’s required to prove H4 status. Since, you will be using your H4 COS application, you do not need i94.


  92. Ashok
    Ashok 19 Feb, 18 at 12:13 pm

    HI guys, I would appreciate if I can find the answer to my question here.

    I am applying my wife’s H4 extension and H4 EAD renewal. Can I do them together or not?
    If so should I make packet containing both application, fee and documents and just send them all together.

    Assuming first they will finalize and H4 extension and H4 EAD after that.

    Thanks in advance.


    • Anil Gupta
      Anil Gupta 19 Feb, 18 at 12:22 pm

      Yes, you can send them in same packet together.


  93. Subhash K
    Subhash K 12 Feb, 18 at 3:14 pm

    Hi Anil,

    I appreciate your detailed post on H4 EAD application process. I am planning to apply for H4 EAD and we did not receive the approved I797 of amended H1b of my spouse. Do we have to wait for it to be included in the application packet ? or can we just mention the approved receipt number in form I-765.
    The H4 visa stamp has a different receipt number(before amendment) on it, we were told by attorneys that we should include even the pay stubs of my spouse and also all the I797’s we have so far along with I140’s I797 but I don’t see all these as required in the official website or in your recommended documents, please suggest.

    Thanks for your time!

    Regards,
    Subhash.


    • Anil Gupta
      Anil Gupta 12 Feb, 18 at 3:47 pm

      Has your spouse filed for H1B amendment or extension? There is a difference between the two.

      If your spouse already has an approved H1B (with long expiry), you can use it to apply for H4-EAD with normal documentary proof as mentioned in above article.

      Did that answer your question?


      • Subhash K
        Subhash K 12 Feb, 18 at 6:06 pm

        Filed for an amendment and got approved on October 20th 2017 but never received a receipt for the same. Attorney applied for an action filing I-824 and asked us to wait until we get a copy of the approval notice to move forward with H4 EAD application. My question is, can we still go ahead apply for EAD just with the receipt number?


        • Anil Gupta
          Anil Gupta 12 Feb, 18 at 6:15 pm

          You can apply only with the receipt number but it is always better to have the i-797 approval of notice.
          Your attorney is right in his view to wait as USCIS is un-predictable with these things.


  94. Aneesh
    Aneesh 12 Feb, 18 at 2:20 pm

    Hi Anil,
    I am planning to apply H4 EAD for my wife next week. Both of of our last names mentioned on the marriage certificates doesn’t matches with the one we have it on our passport . For example as per passport my full name is Aneesh Divakar whereas on my marriage certificate it is Aneesh D . Will that be a problem ?


    • Anil Gupta
      Anil Gupta 12 Feb, 18 at 2:49 pm

      Should not be a problem since your H4 is also granted based on same situation and H4 is a legal dependent too.


      • Aneesh
        Aneesh 13 Feb, 18 at 8:53 am

        Thanks Anil for your prompt response . Greatly appreciated !


        • Anil Gupta
          Anil Gupta 13 Feb, 18 at 9:13 am

          You are welcome. Do share the result once you get the EAD approved.


  95. VASUDHA PREETHI KARANAM
    VASUDHA PREETHI KARANAM 22 Jan, 18 at 2:24 pm

    Hi Anil,
    I have a question regarding my eligibility for H4 EAD and want to be sure that i am eligible to apply. My husband was earlier on H1 B during which Perm was applied. The H1B visa expired and we went back to India. We came to US on a new H1B and after few months the I140 was approved. Am I eligible to apply for H4 EAD.

    Thanks,
    Vasudha.


    • Anil Gupta
      Anil Gupta 22 Jan, 18 at 2:34 pm

      Yes, you are eligible if you are on H4-visa as a dependent on your spouse’s H1B.

      Here is the criteria applicable in your case:
      1. Spouses of H-1B visa holders who meet the following criteria:
      1.a. Are in valid H-4 status.
      1.b. Are able to provide evidence of the H-1B visa holder’s approved I-140, Immigrant Petition. This I-140 can be from any U.S. employer and must not be revoked or withdrawn;


      • VASUDHA PREETHI KARANAM
        VASUDHA PREETHI KARANAM 22 Jan, 18 at 2:41 pm

        Thank you very much for the quick response.


  96. Krishna
    Krishna 18 Jan, 18 at 12:06 am

    Hi Anil ,

    I am applying H4 EAD for my wife . I have H4 and H1 extensions approved and got i797 with i-94 attached . So i am including I797 with i-94 attached in the package .

    1) Still do i need to send i-94 from CBP ?

    FYI … I94 number in i797 and CBP both are same


    • Anil Gupta
      Anil Gupta 18 Jan, 18 at 8:22 am

      We ask to get the i94 number from CBP website only, if you traveled outside USA after your H1 and H4 extension was approved. This is because, whenever you go out of US and come back, you get a new i94.

      Since, you have not traveled outside, your i94 attached to i-797 will be same as available on CBP website.

      So, there is no need to send two copies. Just one is fine (the one attached to i-797).
      Remember: Only send the copies, do not send the original.


  97. Hari
    Hari 6 Jan, 18 at 12:38 am

    Hi Anil,

    My spouse changed the name in her second arrival to US and should she need to mention the Initial name used in the “Other Names Used” section? Please advise


    • Anil Gupta
      Anil Gupta 6 Jan, 18 at 9:42 am

      Yes, she should mention her old name.


  98. Niti Nagpal
    Niti Nagpal 21 Dec, 17 at 8:51 am

    Hi Anil, Regarding H4 EAD: I don’t have I-797 copy because I travelled out of country and got my visa stamped through embassy. Is that ok to submit that? and what that called as ? Is that H4 visa stamped or something. I need to write in the covering letter . Thanks!


    • Niti Nagpal
      Niti Nagpal 21 Dec, 17 at 9:11 am

      Also, I was on h1b and worked for 5.5 years. Do I need to submit any document related to my past H1B status. Currently, I am on H4. Thanks!


      • Anil Gupta
        Anil Gupta 21 Dec, 17 at 10:27 am

        No. Your own H1B details are NOT required for H4-EAD.

        Everything you need for H4-EAD is related to your current H4 status and your spouse’s H1B and I140.


        • Niti Nagpal
          Niti Nagpal 21 Dec, 17 at 10:28 am

          Thank you so much for quick response!


    • Anil Gupta
      Anil Gupta 21 Dec, 17 at 10:26 am

      To prove your H4 status: you can provide your H4-visa stamp and i-94 copy.

      No need to include any covering letter as such. If you do decide to write covering letter, just write in plain language. It’s not required though.


  99. Poojitha
    Poojitha 18 Dec, 17 at 4:05 pm

    My spouse has an active I140 but we don’t have I140 approval copy (old employer doesn’t provide). I want to renew my H4 EAD using my spouse’s “I140 petition with approved stamp”. I heard, we have to demonstrate the inability of the first evidence. Could you provide more detail if we want to renew H-4 EAD using “I140 petition with approved Stamp”.

    Thanks
    Poojitha


    • Anil Gupta
      Anil Gupta 18 Dec, 17 at 9:07 pm

      Hi Poojitha,
      As per the official USCIS guidelines, you can file your H4-EAD with the H1B’s receipt number AND the approved I-140’s receipt number, if you cannot get the original copy of I-140 I-797 form.
      They have not provided any list of documents that you should provide to prove the reason behind non-availability.

      As per my knowledge, you should file with whatever documentation you have. If needed, USCIS will ask for more documentation with RFE (request for more evidence) with concrete list of what they want to see.


      • Poojitha
        Poojitha 20 Dec, 17 at 9:36 am

        Thank You Anil for quick response and I posted with the same I140 petition. I hope it goes fine.


        • Anil Gupta
          Anil Gupta 20 Dec, 17 at 2:14 pm

          All the best. You should get it without issues.


  100. raju kumar
    raju kumar 29 Sep, 17 at 9:23 am

    Hello Anil..

    If i am applying first time H4 EAD then in form i-765 we need to fill I-94 number and in case of renewel it would be Uscis # or Alien Number (Printed on EAD card) . right?


    • Anil Gupta
      Anil Gupta 29 Sep, 17 at 12:56 pm

      No.
      i94 number is always i94 number. It is NOT replaced by Alien number.
      Read this instruction carefully for renewal

      Your i94 in case of H4-EAD renewal will be the most recent i94.
      In case you renewed H4 recently, this new i94 comes attached with the H4 approval.
      In case you are filing for H4 renewal and H4-EAD simultaneously, then, leave the i94 field blank as you do not already have it.


  101. Rayofhope
    Rayofhope 18 Sep, 17 at 12:48 am

    Hello Anil…Please help me with my situation…I was on L1 when I arrived in USA…I applied L2 EAD for my wife…She never used it…It got expired, we did not renew it as she was not using EAD…Now, I am on H1…I want apply for my wife’s H4 EAD…I am told that we have to submit the previous EAD copy with the application, if EAD is ever granted…The issue is we lost the EAD card and are not able to find…I only have the file number, WAC…Could you please guide on what should I mention in the 765 form…YES, for EAD applied and granted before and attach the USCIS page showing the decision…or say NO, for EAD applied and granted…Your help is much appreciated…


    • Anil Gupta
      Anil Gupta 18 Sep, 17 at 6:21 am

      You should say ‘Yes’ to the question and provide the file number.
      It is not advisable to intentionally write ‘No’ even if you have lost the documents. USCIS is pretty strict with checking what you mention on the application form and hence, whatever information you have is good enough, than to say ‘No’.


  102. Deepa Anand
    Deepa Anand 22 Jun, 17 at 3:17 pm

    Hi Anil,

    I applied for H4 EAD this week and only today realized I forgot to write my name and alien registration number on the back of my photos. Will this be a problem?

    Thanks,
    Deepa


    • Anil Gupta
      Anil Gupta 22 Jun, 17 at 3:55 pm

      If there is any problem, USCIS has the option of sending your application back or go ahead with it.
      If they decide it is a problem for them, they will send it back and you would need to re-send it again with corrections.

      Other than that, you can’t do anything.


  103. Naresh
    Naresh 7 Feb, 17 at 2:24 pm

    Hi may i know c 26 belongs which category….


    • Anil Gupta
      Anil Gupta 7 Feb, 17 at 3:54 pm

      C 26 category is specifically for H4-EAD.


  104. visainfo
    visainfo 27 Dec, 16 at 10:40 pm

    Hi All, My spouse is currently on H4. An employer applied her H1 (in COS) but it got RFE, response has not yet been submitted. In the mean time, my I140 got approved and I am planning to apply for her H4 EAD. Can someone please clarify following If my spouse’s H1 RFE response and her H4 EAD application are applied/submitted at the same time and H1 gets approved before H4 EAD, what happens to H4 EAD application. Will that be valid?


    • Anil Gupta
      Anil Gupta 27 Dec, 16 at 10:48 pm

      Both are two different things and are not related.
      It does not make any difference to H4 EAD if the H1B gets approved for your wife.
      The H4 EAD will have its own result.
      Later, when your wife wants to work, she has to choose what status (h1b or H4 EAD) she wants to use to work.


      • visainfo
        visainfo 27 Dec, 16 at 11:00 pm

        Thank you Anil.

        Since H1B is filed in change of status request, so if it gets approved before H4 EAD, status of my spouse will be H1 and not H4.

        Will it impact her H4 EAD application result or will that be a problem in future H4 EAD applications.


        • Anil Gupta
          Anil Gupta 27 Dec, 16 at 11:04 pm

          I don’t think there should be any issue as such.
          I believe change of status happens only when you do it explicitly.
          You may want to take attorneys advice but as far as I know, merely filing for H1b application does not change your status ( even after its approval). You have to use it to work or enter the country with that status.
          If she had entered US with H4 stamp, the her status would remain same u less she explicitly applies to change it.


          • visainfo
            visainfo 27 Dec, 16 at 11:54 pm

            This was a great help.

            Thank you Anil for your advice and prompt response.


  105. Reddy Raam
    Reddy Raam 27 Sep, 16 at 11:29 am

    Hello Anil,

    I have clarification related to i765 for questions 16, 17 and 18. Please explain me about these questions?

    My H1 B Amendment is in process and received receipt number and it’s pending with USCIS, so do you want me to wait to approval of amendment?

    If apply H4-EAD can use new i797 receipt number which is not approved yet or the old i797 approval notice receipt number?

    Thanks
    Ram


    • Anil Gupta
      Anil Gupta 27 Sep, 16 at 12:02 pm

      Hi,
      1. It does not matter if you wait or not. The H4-EAD process time will start ONLY after your current H1B amendment is approved. So, it is up-to you if you want to wait for approval and then apply or want to apply using amendment’s receipt number now. Both are going to same time.
      2. You can use old i797 number IF IT HAS A GOOD amount of validity available. As per my information, your H4-EAD’s (if approved) will carry the same end date as this i797 date. You will have to apply for renewal then.


      • Reddy Raam
        Reddy Raam 29 Sep, 16 at 5:49 pm

        Anil, I have one more question?
        Have you ever before applied for employment authorization from USCIS? for this question, if H4 previously on h1b visa and converted to H4, then what option we need to chooses?

        is H1b also employment authorization??


        • Anil Gupta
          Anil Gupta 29 Sep, 16 at 6:35 pm

          This is specifically for EAD. If you have never applied for EAD before, then answer is NO.


          • Reddy Raam
            Reddy Raam 3 Oct, 16 at 2:40 pm

            Hi Anil, after applying H4-EAD with some address, if you move to different address, so what is the process to update address to USCIS?


  106. sravanthi t
    sravanthi t 21 Sep, 16 at 2:56 pm

    Hi Anil,
    Thanks for article, it was great help, my question is- My husband staying from 6+ years, and his I-140 applied before 6 years, and been approved, but husband employer is changed now, so his old employer who applied I-140 revoked it, still I can apply for H4-EAD right? based on under AC21 rule? If so do we need to submit any extra documents? We are kind of confused, please help. Thank you.


  107. Vasu
    Vasu 13 Sep, 16 at 8:58 am

    Hello Anil,

    To which address i need to send the H4-EAD documents packet, my I-797 petition filed in Vermont center, its starting with EAC.


    • Anil Gupta
      Anil Gupta 13 Sep, 16 at 9:04 am

      You should send it to USCIS Dallas LockBox.
      http://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/#address

      They will internally route it to other centers (may be Vermont in your case).
      But, you SHOULD send it to DALLAS. Check the link above or on USCIS website for correct address.


      • Vasu
        Vasu 13 Sep, 16 at 9:52 am

        Thanks , that works.


  108. Angel Com
    Angel Com 13 Aug, 16 at 11:49 am

    So in my case i should update “Concurrent” or I797 new Receipt number? or both


    • Anil Gupta
      Anil Gupta 14 Aug, 16 at 5:10 am

      Hi Angel,
      If you are filing concurrently, how will you get the new i797 number, even before filing?

      Not sure how you are planning to do it, but the EAD application has to go in same packet as your h1b extension for concurrent filing.
      And you would get receipt number only when it reaches USCIS.

      As per my information, it should be ‘concurrent’ in i765 form.


  109. MG
    MG 13 Jun, 16 at 9:49 am

    Hey AJ,
    Can you please let me know all the documentation you provided regarding EAC? I am guessing front and back copies of OPT cards, all H1 approval notices. Did you also submit the I-94 card front and back when you were on F1 and visa stamp pages (for F1 and H1)?


    • AJ
      AJ 13 Jun, 16 at 9:52 am

      I submitted everything you listed above. Thought it wiser to err on the side of more than get an RFE.


      • MG
        MG 13 Jun, 16 at 10:09 am

        Thanks AJ. My F1 visa stamps are on an old passport. I am wondering if i should send the biometric pages of that passport too?


        • AJ
          AJ 13 Jun, 16 at 10:16 am

          i was in the same bucket. But I did not send biometrics for the old passport. Thats just what I decided to do after scourging the internet for information. You may want to ask some expert on this forum if you prefer otherwise.


          • MG
            MG 13 Jun, 16 at 10:18 am

            Did you application get accepted? Better yet, approved :)?


  110. melanie
    melanie 30 May, 16 at 3:57 am

    Dear Anil,
    My husband’s EAD is due for renewal in the next few months. He was issued an EAD under c9 category based on my approved I140 but renewed it under c26 was the H4-EAD became available. I am thinking that he should apply for his EAD renewal under c26 category again. Will this pose any problem?


    • Anil Gupta
      Anil Gupta 31 May, 16 at 7:32 am

      There should be no issue in renewing it under (C)(26) again. Do you see any problem?


  111. Ivan
    Ivan 11 May, 16 at 8:08 pm

    Hi Anil. Your blog says that we have to attach “Form I-797 approval notice for Form I-140”, but I have NOA for Form I-129. Can my wife get approve for H4 EAD? Thank you.


    • Anil Gupta
      Anil Gupta 12 May, 16 at 8:03 am

      Hi Ivan,
      Is your i140 approved? If not, then your spouse is not eligible to apply for H4-EAD.


  112. Vino
    Vino 9 May, 16 at 1:49 pm

    Hi Anil,

    For the basis for eligibility USCIS site and your blog says that we have to attach “Form I-797 approval notice for Form I-140”. I am not sure what this means. I have an approved I-140. I don’t see I-797 written anywhere on that document. Does this mean I should attach I-140 and the I-797A of the Principal applicant as well?

    Thanks a lot in advance for your help.


    • Anil Gupta
      Anil Gupta 9 May, 16 at 1:56 pm

      You will see I 797 written on top right corner of the i140 approval.


      • Vino
        Vino 9 May, 16 at 2:34 pm

        Thank you Anil. I now understand why I was confused. The scanned copy that my employer provided me did not have the header section that shows ‘I-797, Notice of Action’. Just the top half inch is missing. Everything under ‘I-797, Notice of Action’ is visible in the scanned copy. Do you think it will be a problem if attach this doc?


        • Anil Gupta
          Anil Gupta 9 May, 16 at 4:48 pm

          It should not, but i can’t really say how the guy who works on your case would really take it.
          I would suggest to get the full scanned copy from your employer to avoid wasting to-and-fro with government resources.

          If they decide to give RFE, it would really be a long process…so, its better to get it from employer.


          • Vino
            Vino 10 May, 16 at 5:14 am

            Thanks Anil. I have requested a full scanned copy from my employer.


  113. Vino
    Vino 8 May, 16 at 11:57 am

    My sincere thanks to the author of this article. It is written in simple English and answers all the key questions. I have found this very helpful.

    I have a question regarding the cheque. Can i use a friend’s cheque to pay the fees (ensuring he maintain’s funds) as I have run out of cheques and it will take some time for my cheques to arrive and I don’t want to lose time waiting for the cheques


    • Anil Gupta
      Anil Gupta 8 May, 16 at 11:59 am

      Yes, you can use your friend’s cheque. It does not matter. You can even send a cashier’s cheque or money order, if you can’t arrange a personal cheque.


      • Vino
        Vino 8 May, 16 at 12:05 pm

        Awesome. That was really quick. 🙂 Thank you.


  114. andy
    andy 21 Apr, 16 at 1:41 pm

    I am doing application for H4-EAD renewal, so what should I write in question#11? I think, yes and address is the Lewisville, TX where I have applied before. What about date, if you don’t remember exact date.


    • Anil Gupta
      Anil Gupta 21 Apr, 16 at 1:57 pm

      If you don’t remember the application date, you can write the EAD application approval date (or EAD start date).


  115. Arushi
    Arushi 19 Apr, 16 at 7:58 pm

    Hi Anil,

    I was on H1b until 6 months ago and at present on h4. I want to apply for EAD through my husband’s i140. However i renewed my passport a month ago and have changed my name to take my husband’s last name as my last name (My previous last name is my middle name on my new passport) . This change is not reflected on my h4 or my ssn and driving license. Shall i apply for EAD with the new name and provide both passport copies. Or is it better to apply with the old name and include driving license as my National id( that too has the old name)
    intial name: arushi sharma. new name: arushi sharma patel


    • Anil Gupta
      Anil Gupta 19 Apr, 16 at 8:40 pm

      It is better to apply with new name. There is a question in EAD form (q no 2) which asks you to provide your other names ( that you may have used earlier). Use this question to share your old name.
      Also provide both passport copies as supporting documents.

      There should be no issue in it.


      • Arushi
        Arushi 19 Apr, 16 at 9:38 pm

        Thanks Anil. I will apply per your advise. Do you also recommend adding an explainatory letter along with it? I will be changing name on other documents as well, but it will take time. It won’t be changed by the time EAD is processed.


        • Anil Gupta
          Anil Gupta 19 Apr, 16 at 9:40 pm

          I don’t think there is any need to add any extra explanation letter.


          • Arushi
            Arushi 19 Apr, 16 at 9:44 pm

            Ok. Thanks Anil! This is very helpful.


          • Arushi
            Arushi 20 Apr, 16 at 1:12 pm

            Hi Anil,

            I am wondering if they will issue me a EAD with the new name, when my H-4 shows the old name. I will be updating the H-4 as well, but i do want to receive my EAD soon without having to wait to update H-4. Do you think they will issue the EAD?


            • Anil Gupta
              Anil Gupta 20 Apr, 16 at 1:15 pm

              They should. I don’t see a problem.
              But, I am not an attorney and you may want to consult one, if you have doubts.


  116. Akhil
    Akhil 24 Mar, 16 at 11:17 am

    Can I submit copy of H4 visa & Driving license copy instead of Biometric pages of the passport?


    • Anil Gupta
      Anil Gupta 24 Mar, 16 at 11:52 am

      Yes, you can.


  117. swati
    swati 4 Mar, 16 at 11:00 am

    Hi Anil,

    Thanks for this forum.
    Is biometrics required for H-4 EAD new applicant?
    Did you submit paystubs of h1-b applicant?

    Thanks in advance


  118. andy
    andy 21 Nov, 15 at 6:36 am

    Thank you very much for you tips. I just got approval within 20 days. Really appreciated.


  119. Vish
    Vish 8 Sep, 15 at 1:14 pm

    Hi,
    My wife worked on H1B & now changed to H4, have few questions about applying for H4-EAD,
    1.she has SSN, should SSN be provided on I-765?
    2. She has a renewed passport, should she provide copies of both the passports?
    3. What is –765 work sheet?

    Your response is appreciated !

    Thanks.


    • Anil Gupta
      Anil Gupta 8 Sep, 15 at 3:08 pm

      Hi Vish,
      1. Yes, you should provide SSN.
      2. Yes, you should include copies of both passport to avoid any issues.
      3. i765 worksheet is not applicable for your case since you would be filing this application under category (C)(26).

      Let me know if you need more information.


      • Vish
        Vish 9 Sep, 15 at 7:40 am

        Thanks Anil !
        One more thing, we talked to one attorney to file for H4 -EAD, he is asking $550 towards attorney fee & filing fee is separate. Can we do it on our own, only thing to worry is about any RFE’s if we go without attorney.

        Any thoughts ? !!


        • Anil Gupta
          Anil Gupta 9 Sep, 15 at 7:49 am

          Attorney will charge what they want to charge. It is up to you if you can afford it or not.

          I would fill it myself and apply for it.
          We have given all the details above and it is pretty easy.

          If there is an RFE, I am sure you know all about your case and can certainly give RFE response or involve an attorney if you find it difficult at that time.

          I can safely say that 95% of people in and around my reliable circle have applied it themselves using above mentioned details and they have got it without any RFE.
          Rest 5% have used an attorney’s service.

          Let me know if you need more information.


          • Vish
            Vish 9 Sep, 15 at 9:04 am

            I agree..
            Thanks for your quick response, Anil !!!!
            We are planning to do it ourselves.


          • Vish
            Vish 23 Sep, 15 at 9:18 am

            Thanks Anil,

            This is a great work you have done here, just followed everything step by step, as it is mentioned here. we prepared all documents ourselves & applied for H4 EAD last week, just got the application accepted text & email from USCIS.

            FYI .. for the fellow applicants, we sent the personal check & it was accepted.


            • Anil Gupta
              Anil Gupta 23 Sep, 15 at 9:40 am

              You are welcome Vish.


              • Vish
                Vish 9 Oct, 15 at 3:25 pm

                Hi Anil,

                My wife received her EAD card, today. She has an SSN( while she was on H1B), can she use the same SSN or does she has to apply for new one?


                • Anil Gupta
                  Anil Gupta 9 Oct, 15 at 3:33 pm

                  SSN is only issued once for an individual. You should use the existing one.
                  There is no need to apply for a new one.


  120. prasanthi
    prasanthi 2 Aug, 15 at 10:43 pm

    how can we track h4 ead application status


    • Anil Gupta
      Anil Gupta 3 Aug, 15 at 7:03 am

      If you have received your receipt number (USCIS issues one, after receiving your application, and sends you a paper mail), then you can track its status on their website here:
      https://egov.uscis.gov/casestatus/landing.do

      if you had used For G1145, as mentioned in above post, you would have received an email with your receipt number.

      If they have not yet received the receipt number, your only tracking option is the mail service’s tracking.


  121. Mohan Dora
    Mohan Dora 31 May, 15 at 9:06 am

    Hi Anil,

    Thanks for the information. Glad to find you post on H4 EAD Filling instructions.

    –In SSN field should we fill ITIN or None.
    –Can the Check be anyone’s if the applicant doesnt have bank A/c.


    • Anil Gupta
      Anil Gupta 31 May, 15 at 9:14 am

      Hi Mohan,
      1. If you don’t have SSN, write ‘N/A’. Do NOT write ITIN number.

      2. Check can be made with anyone’s bank account. In most cases, the H4 spouse would not have his/her own bank account. So, most of them would be paying through the primary H1b holder’s bank account check.


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