H4 EAD Sample Form, Documents Required – New, Renewal

Anil Gupta  19 Mar, 19      718  Forms USA

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 check – A check (Personal or cashier) or money order for $410 payable to ‘U.S. Department of Homeland Security‘. Short forms like USCIS not allowed. Credit card payment is also accepted.
  2. PHOTO – 2 Identical 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.
  3. Form G1145 (Optional) – If you want USCIS to send you an SMS or an email once they receive your application, use this form and attach at top of the application package. Related: DHS is working on H-4 EAD termination rules.
  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.
  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.

    H4 EAD card sample
    H4 EAD card sample

Related: USCIS RFE Response Review Processing Time: 80+ days

H4 EAD Sample form – I765 NEW application

Related: USCIS Sample Application Letter to Withdraw H4-EAD request

Q 29 on Form I-765 for H4-EAD? Which receipt number should I write? I have two receipts, one is H1B approval and other is i-140 Approval?


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


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 Address for H4-EAD Application

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.

Which color pen for signature on Form I-765?

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

H4 EAD processing time?

H4 EAD Processing times with USCIS are expected to be at least 90 days from the date of the H-4 EAD application’s receipt, provided that the applicant is already in H-4 status.

They used to have an SLA (service line agreement) of 90 days earlier. It stands canceled and now there is no official time frame.

SSN questions mandatory in new i-765 form?

If you do not currently have SSN (which most first-time EAD filers will not have), just 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.

Should we staple all the documents together in application package?

Do NOT staple the documents. Instead, use a paper clip to bind them together. Here is a sample of final documents package.

H4 EAD application bundle
H4 EAD application bundle

Travel outside USA while H4 EAD under process?

You can travel while H4 EAD is pending but with some restrictions.

   Read all 718 Q & A

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  1. how can we track h4 ead application status

    • 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.


  2. Need help in filling EAD Application i have small doubt under 17 do we have to just put as N/A or

    • Anil Gupta   30 Jul, 15 at 4:54 am

      Just write ‘Not Applicable’ if your category in Q 16 is NOT (c)(3)(c).

  3. Phani kumar Mikkilineni   26 Jul, 15 at 11:06 am

    for question 11 in -765 form . my wife had h1 for 2 years before should i mention that in question 11?

    • Anil Gupta   27 Jul, 15 at 7:38 am

      Select ‘No’ for Q 11.
      This question is specifically for answering ‘if you have ever applied for EAD before’. Since, you never did, you should answer it as ‘No’.
      Having an H1B visa is not equal to having EAD. They are two different things.

      Does that answer your question?


      • How about OPT? I had OPT in 2010 and after that, I switched to H4. Should OPT count as EAD?
        Thank you

        • Anil Gupta   26 Aug, 15 at 6:14 am

          No. Opt is not equal to EAD.

        • Anil Gupta   26 Aug, 15 at 3:02 pm

          More information: If you had applied for EAD with OPT, then you should specify it on your application.


          • Isnt OPT an EAD? you file I765 and you get EAD card with OPT.

            • Anil Gupta   27 Aug, 15 at 5:07 am

              Technically yes. I clarified it with reliable sources and they are of opinion that you should mention about your EAD with OPT on your H4 EAD application.

  4. 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   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.

  5. Deepmala Roy   29 May, 15 at 9:54 pm

    Anil i already posted my docs but in the form forgot to write in SSN no section Not applicable rather kept it blank, will that be an major issue? Plz reply


    • I think it should be okay.
      I have myself left couple of boxes blank with no n/a.

      Keeping my fingers crossed too.
      At max, they can return the documents and you can file again.

      There is no quota or time limit…so no need to worry.

  6. Rajiv Pandey   29 May, 15 at 4:50 pm

    H4 EAD tracker. Please post your case and update regularly

    • Anil Gupta   29 May, 15 at 5:32 pm

      Hi Rajiv,
      Thanks for sharing the links. As a policy, we do not allow the links in comments unless they are really helpful and useful to our guests.
      Hence, I have removed your other two comments which contained links.

  7. Harpreet Kaur   29 May, 15 at 4:04 pm

    Alright ! Thanks..

  8. Harpreet Kaur   29 May, 15 at 1:17 pm

    Thanks for your reply. On page 8 of Instructions for Form I-765 under photo specifications heading, they have instructed to write name and alien receipt number n the back of the photo.

    • Anil Gupta   29 May, 15 at 1:28 pm

      Hi Harpreet,

      You are right. I think I missed those instructions all-together.

      Not sure if they mean the H4 I797 receipt number here. The word ‘Alien’ makes it confusing.
      I think you can write i94 number as you don’t have an Alien registration/receipt number assigned yet.

      • Uffaq Mattu   30 May, 15 at 2:07 pm

        I forgot to write the name and I94 number behind the photos. I hope it won’t be a big issue.

        • Uffaq Mattu   30 May, 15 at 2:11 pm

          Also I did not fill the G1145 form. Is there a way of knowing the status of my application.


          • G1145 form is optional. USCIS will officially send a receipt number by mail to all the application senders.
            G1145 is just to have a confirmation over the email and a text as and when they receive the application. Even people who have sent G1145 form have not received any kind of confirmation yet.

            I will update the article as soon as I get more confirmed and reliable information.


        • Lot of people I know have not written the i94 number or anything at the back of photos.
          Since this is the first time, we are not sure about the response of USCIS team.

          We are waiting for the responses and see what happens. I would think that it should not be a big issue and the application should go through.

  9. Harpreet Kaur   29 May, 15 at 12:58 pm

    they asked for alien registration number at the back of photo. Where to look up for that number?

    • Anil Gupta   29 May, 15 at 1:02 pm

      It is possible that you do not have the Alien registration number assigned to you yet. It is mostly assigned while filing for Green card I-485.

      Also, i am not aware of the requirement where we have to write Alien registration number at the back of photo.

      If you want to write, you can write your i94 number. Read the question number 16 on the new i-765 form and it says you either write Alien number or i94 number.

      Let me know if you need more information.


  10. Hi Anil,

    Thanks for the information. It is really helpful in clearing the confusion on some of the questions. As its 05/26 already, can you confirm whether we can file the forms online if I am filing I765 using my I140 approval receipt? If yes, can you mention the list of documents (as we won’t be able to attach photos) while submitting documents online. Also which website we need to use in order to file it online?

    Thanks,

    Sahil

    • Anil Gupta   26 May, 15 at 2:47 pm

      No, you can’t file it online for H4-EAD.
      USCIS has clearly mentioned that you should send the application by mail.

      Check the document list that I have used for myself. Or you can select the document list that USCIS has provided.

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