How to file H4 EAD, Documents, Form i765 (New / Renewal Process)

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 for H4 EAD.

Documents for H4 EAD Application

#1 H4-EAD Fees Check / Credit Card

H4 EAD fees check for $520 payable to the ‘U.S. Department of Homeland Security‘. Short forms like USCIS are not allowed on personal, cashier, or money orders.

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

EAD fees can be paid by credit card too.

Do not add biometric fees to the H4 EAD check. Calculate the current USCIS H4 EAD fee.

Biometrics 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

Download and fill USCIS i765 form. You can also use our app to fill out the form. The app validates and checks all form fields to make sure you do not make any mistakes.

You can use this app to fill the form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS:

#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 were approved recently, the new i94 would be attached to your H4 extension approval (i797) notice OR
• A Copy of the pending H4 extension if it has not reached any result yet.

#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 the Passport OR
• A copy of your last EAD – Both front and back (if any) OR
• A birth certificate with a photo ID. For example, an Indian (or Chinese) birth certificate will work only if it has a photograph. OR
• Any other national identity document with a photo. US State ID or Driving License is NOT acceptable.

#6 H4’s Relationship with H-1B

A copy of your marriage certificate in English is required to prove the 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 the USCIS FOIA request to get I-140 details.

#8 Current H4-EAD copy for Renewal

An existing EAD copy is required only if you already have H4 EAD and you are applying for renewal or extension.

Only a 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.

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 question 29 on form i765:

• “Filed Concurrently” OR
• Leave Blank OR
• Write the 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 or use our app and it will handle all text automatically.

Don’t worry about the 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.

The start date for the H4 EAD extension may be in the future.

Example,
If your H4 expires in Sep, and you applied for renewal in Mar, of the same year, your extended H4’s start date may be 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).

To fill 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 the 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 and mailed by USPS.

FAQ