H4 EAD Sample Form I-765, Documents Required

Written by Anil Gupta
  By Anil Gupta - Updated on  20 May, 19
  395  

H4 EAD card sample
H4 EAD card sample

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.





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  395 Useful Questions & Answers

  1. 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.


  2. 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.


  3. 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).


  4. 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.


  5. 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.


  6. 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


  7. 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.


  8. 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.


  9. 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.


  10. 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.


  11. 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)?


  12. 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.


  13. 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?


  14. 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.


  15. MG
    MG 13 Jun, 16 at 10:18 am

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


  16. 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


  17. 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.


  18. 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.


  19. 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.


  20. 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?


  21. 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.


  22. 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?


  23. 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.


  24. 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.


  25. 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.


  26. 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.


  27. 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 !


  28. Prashant
    Prashant 4 Apr, 18 at 9:29 am

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


  29. 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.


  30. Prashant
    Prashant 4 Apr, 18 at 9:28 am

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


  31. 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


  32. 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?


  33. 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.


  34. 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.


  35. 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.


  36. 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.


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

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


  38. Anil Gupta
    Anil Gupta 9 Feb, 19 at 10:11 am

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


  39. Martin Strydom
    Martin Strydom 9 Feb, 19 at 10:19 am

    Refresh helped. Thanks.


  40. 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?


  41. Anil Gupta
    Anil Gupta 18 Mar, 19 at 2:00 pm

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


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

    Thanks. Added response on the forum.




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