H4 EAD Documents, Sample Form I-765 for New, Renewal Application
H4 EAD sample I765 form, document checklist, fees $410. Renew 180 days before expiry. H1B primary i129 - I797 receipt required. Processing time 2-7 month.
H4 EAD is an H4 Employment Authorization Document (EAD) that allows H4 visa holders to work legally in H4 EAD jobs without any employer or location restriction in USA.
Documents for H4 EAD Application
#1 H4-EAD Fees
H4 EAD fees check for $410 payable to ‘U.S. Department of Homeland Security‘. Short forms like USCIS not allowed on personal or cashier or money order.
Personal check from your checking or savings account in Bank of America, Chase etc. is allowed. Certified check is not required.
EAD fees can be paid by credit card too.
#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.
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 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:
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#4 H4 Status Proof
- Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
- Most recent H4 i-94 copy. If an H4 extension was approved recently, the new i94 would be attached with your H4 extension approval (i797) notice.
#5 Government-issued Photo ID Document
- Copy of Passport’s front (with Photo) and back pages (with address) OR
- Copy of USA H4 Visa stamp page from Passport OR
- A copy of your last EAD – Both front and back (if any) OR
- A birth certificate with photo ID. Example, Indian (or Chinese) birth certificate will work only if it has a photograph on it. OR
- Any other national identity document with photo. US State ID or Driving License is NOT acceptable.
#6 H4’s Relationship with H-1B
Copy of your marriage certificate in English is required to prove H4 dependent’s relationship to primary H1B.
#7 H4 EAD Eligibility Proof
Primary H1B spouse’s I-140 i797c approval notice is required to prove H4 EAD eligibility.
If your employer has not shared I-140 approval copy with you, use USCIS FOIA request to get I-140 details.
#8 Current H4-EAD copy for Renewal
Existing EAD copy is required only if you already have H4 EAD and you are applying for renew or extension.
Only black color ink pen is allowed as USCIS uses computer scanning to read forms.
Do NOT staple the documents. Use a paper clip to bind them together.
#9 Form G1145 (Optional but recommended)
Use form G1145 to let USCIS send you an SMS or an email once they receive your application. Attach this form at top of the EAD application package.
H1B, H4, H4 EAD Concurrent Filing
If you are filing H1B, H4 and H4 EAd applications concurrently at same time in same package, you can write this in the question 29 on form i765:
- “Filed Concurrently” OR
- Leave Blank OR
- Write current approved H1B receipt number
All three options have been tried and tested and all of them work fine. Our recommendation is to write “Filed concurrently” in Q29.
Don’t worry about limited space to write it. You can just write with free hand writing.
Documents for H4-EAD Renewal Application
The document list is the same for H4 EAD renewal or extension as for new H4-EAD application mentioned above.
It is possible that the start date for H4 EAD extension is in future.
Example,
If your H4 expires in Sep, and you applied for renewal in Mar, same year, it is possible that your extended H4’s start date is Sep instead of March.
It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).
For the sake of filling up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.
Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing i765.
Current H4 EAD processing time is 2 to 7 months. It changes every month with each USCIS service center.
H4 EAD Eligibility category code is C(26).
You will receive your EAD card within 1-7 working days after New Card is Being Produced case status.
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.
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.
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.
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.
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”.
You can write ‘N/A’ or leave blank for H4 EAD applications.
You can travel while H4 EAD is pending. There are some risks associated with travel though.
H4 EAD cannot work if current card has expired and extension is pending.
Automatic 180 day EAD extension is not allowed for H4 EAD.
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.
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.
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.
USA
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,
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.
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
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.
mvb
Thanks Anil and Venkat, you guys had been great help resolving queries.