How to file H4 EAD, Documents, Form i765 (New, 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.
How to file H4 EAD myself without an attorney?
- Fill simple EAD application form i765,
- Sign a personal check of $410,
- Attach supporting documents,
- 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.
This article will discuss:
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. A certified check is not required.
EAD fees can be paid by credit card too.
Do not add biometric fees to H4 EAD check.
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Biometric is only required for H4 extension and not H4 EAD. If you send the wrong fee, USCIS will reject your application and send it back.
#2 Photo
Two identical 2×2 inch photographs clicked within the last 30 days are required for the 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.
The admission record number on H4’s i94 fetched from the CBP site is what should be written on the back of each photo.
Do not send an old photo with the 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) using the instructions given in the sample i765 form for first time H4-EAD application:
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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 to 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. For example, an 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 the 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 renewal 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.
Concurrent Filing – H1B, H4, H4 EAD
If you are filing H1B, H4 and H4 EAD applications concurrently at the same time in the 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 handwriting.
H4-EAD Renewal Documents
The document list is the same for H4 EAD renewal or extension as for the 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, the 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.
Apply SSN with EAD
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’s name to get an SSN card.
Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks mailed by USPS.
FAQ
The 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 the H4 EAD application form I-765 question 29.
This is not the I-140 approval receipt number.
You should write an i94 number from the most recent H4 approval (i797 form) on the 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 the H4 EAD form if you are applying EAD for the first time.
For H4-EAD renewal applications, choose the renewal option as 1.c.
If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as a new EAD.
You can apply for H4 EAD renewal 180 days before the current EAD card expiry.
USCIS allows us 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 the 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 the 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 H1B spouses become real estate agents or start buying rental properties in the USA.
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.
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,
mvb
Hi Anil,
Any pointers here. Should I enter the latest i94 even though I am providing H4 i-797 approval copy? Would this work?
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.
Som
Hi,
Quick question: If H4EAD renewal application is being filed with H1B (i129) as well as H4 extension (1539), which I797 number are we supposed to write for pnt: “29” in form I-765? The current approved i797 which is due to expire in a month?
bivinster
@Anil.Gupta - I have similar situation as Venkat - I understand the answer should be ‘Yes’ for that question. Is it recommended to elaborate under Part 6 Additional information stating the previous application for I765 was withdrawn ?
bivinster
Hey @Anil.Gupta it’s not denial. I submitted H4 EAD application at Vermont center as soon as I140 got approved. It’s still pending decision. Now I would be doing H1 and H4 extension so I was thinking to withdraw the Vermont application for EAD as my extension would be filed in California.
Now when I fill the new h4 EAD application I see you have answered to notate yes where the question applies around if the applicant has applied i765 prior. Do you think it’s better to explain that I had to withdraw my application as the primary applicant approved stay was less than 6 months.
Kumar99
Hi Amit,
My i 140 approved recently. i needs to apply h4 ead for my spouse. can you pls help e with below queries.
I asked many queries. Can you pls kindly clarify.
Regards
kumar
anil_am22
Hi @Kumar99
You can file H4 EAD even though your H1B is only approved till Mar 2020. But, the H4 EAD validity will be given only until Mar 2020. So, it is better you file H1B extension, H4 extension and H4 EAD all together to get longer validity.
You do not need Biometric if you are ONLY filing i765 and not H4 extension.
All the information that you have asked is available here along with sample i765 form.
rucnbc
Hi, thanks for the info. Is it okay to apply for H1 and H4 extension through lawyer and H4-EAD by self separately? So, the applications for H1 and H4 wlll go together, but H4-Ead will go separately a day or 2 later. Lawyer is asking for $1000 consulting fee for EAD
laser_rabbit
@Anil.Gupta :
First of all, GREAT ARTICLE!!! I wanted to thank you from bottom of my heart. You have brought assurity to a lot of immigrants in US with your i765 samples and package pictures. Big Thanks and Tightest Hug to you and others contributed.
rucnbc
Hi, Thanks very much for the very helpful information regarding filling this form. I am about to apply for my H1b extension approximately 6 months before expiration.
My lawyer will file H1b extension and H4 extension and I am planning to file H4-EAD (plan to send it at around the same time). I am planning to enter "Filed concurrently’ for question 29.
Is it ok if the H4-EAD application goes in a separate package in this case?
Or do I have to mail H4-EAD to the lawyer to include with the H1b and H4 extension? There is no mention of the H1b applicant anywhere on the form apart from question 29.
That makes me concerned regarding entering "Filed concurrently’. How will they associate the case with the correct H1b application?
Also, in this case, would you recommend including both previous H4 I-797 and recent H4 I-94 as proof of current visa?
Swapnil
Hi @Anil.Gupta
The sample form lists mother’s married name (question 17.a) but actually maiden/birth name is asked. Could you please clarify which name should be used?