H4 EAD Sample Form I-765, Documents Required

Written by Anil Gupta
  By Anil Gupta          Updated  2 Jun, 19
  411    


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.

H4 EAD Processing Time

H4 EAD processing time is 2 to 5 months. You can travel while H4 EAD is pending. USCIS website status New Card is Being Produced means that your H4 EAd has been approved.

 

Documents for H4 EAD application

#1 H4-EAD FEES check

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

EAD fees can be paid by credit card.

#2 Photo

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

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

#3 Form G1145 (Optional-recommended)

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

 

#4 Form I-765

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

 

#5 H4 Status Proof
  • Copy of H-4 visa holder’s MOST RECENT I-797 Approval. If an H4 extension has been done recently, use the extension approval. OR
  • Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).

 

#6 Government-issued ID document with photo
  • Copy of Passport’s front (with Photo) and back pages (with address) OR
  • Copy of USA H4 Visa stamp page from Passport OR
  • A copy of your last EAD – Both front and back (if any) OR
  • A birth certificate with photo ID. Example, Indian (or Chinese) birth certificate will work only if it has a photograph on it. OR
  • Any other national identity document with photo. US State ID or Driving License is NOT acceptable.
#7 Relationship to the H-1B nonimmigrant

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

 

#8 H4 EAD eligibility proof

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

 

#9 Current H4-EAD copy

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

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

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

 

i765 Sample form for New H4 EAD

Q 29 on Form I-765 for H4-EAD Receipt number?


Use H1B primary person’s most recent I-797 receipt number. This is NOT the I-140 approval receipt number.

 

H4 EAD Open a Business

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.

 

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.

USCIS does not allow you to apply earlier than 180 calendar days including weekend and holidays. Note that 180 Automatic EAD extension is not available for H4 EAD.

 

Sample H4 EAD Renewal i765 form

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

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

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

Q 21a: Form i-94 number: Use i94 number on the most recent H4 approval (i797 form). Use this START date even if it is in the future without any issue.

USCIS Mailing Address

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

Q 1: Reason for Applying?

Applying H4 EAD for the first time, Choose 1.a.

If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as new EAD.
For H4-EAD renewal applications, select 1.c. – renewal.

Q 23: Place of Last Arrival into the US?

Enter the name of the Airport (Port of entry like Newark International Airport) in the US on your most recent entry.

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”.

 

Q 28: Spouse eligibility degree on Form I-765?

For H4-EAD applications, you can write ‘N/A’ or leave blank.

 

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.


Forms USA   



Recent discussion on forum

  1. mvb
    mvb

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


  2. mvb
    mvb

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


  3. 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,


  4. Anil.Gupta
    Anil.Gupta

    Hi @mv

    San Ysidro works fine.


  5. mvb
    mvb

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


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  411 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.

       



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