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. Hi Anil,

    One of the documents need is “Copy of H-4 visa holder’s MOST RECENT I-797 Approval.”. My wife recently got H4 stamped in home country and came back. In this case there is no I-797 approval except for the I-94). Now I am applying for my H1B extension along with H4-extension and H4-Ead. Is it sufficient for me to send a copy I-94? or is there a way I have to get I-797? Appreciate your help! Thank you!

    • Anil Gupta   22 Feb, 19 at 5:57 pm

      I think its clearly mentioned in above article that you can either use i797 OR i94.


  2. I am in Irving TX and my I94 is showing wrong info on my visa status in latest travel history .Any idea how could it be corrected ??I entered on H4 but its showing H1.

    • Anil Gupta   22 Feb, 19 at 4:14 pm

      You should contact CBP office at any US international airport to correct your i94 first. The CBP office for i94 correction is usually located inside the terminal itself. You should go to DFW airport terminal. There is a CBP i94 correction office there.


  3. Hi My I94 is showing wrong info.I entered on H4 but its showing H1b .I am filing the extension for H4 EAD .What should I do?

    • Anil Gupta   22 Feb, 19 at 4:13 pm

      You should contact CBP office at any US international airport to correct your i94 first. The CBP office for i94 correction is usually located inside the terminal itself.


  4. Hi Anil,

    Quick question, I am applying for my wife’s H4EAD renewal along with our H1 & H4 extensions; in this case what should we enter in EAC Receipt # Q 29?

    Thanks,

    • Anil Gupta   19 Feb, 19 at 9:05 am

      You can leave the Q 29 field blank if you are filing H4EAD concurrently with H1B and H4 extension in the same packet.


      • In this case, if the H4-EAD is approved what would be the start date of employment on EAD card? Is it the date on which H4-Ead is approved, or is it the start date on the Primary beneficiary’s H1B approval date (which would be the next day after the expiry date of current H1B). Thank you!

        • Anil Gupta   22 Feb, 19 at 5:42 pm

          The H4EAD benefit is a derivative benefit and is completely dependent on primary H1B.
          Hence, the start and end date for H4 EAD are matched to primary H1B’s validity dates.


  5. Hi Anil,
    My current H4 EAD expires April 13th 2019 and we did file for renewal by Jan end/ Feb 1st week. I understand it usually takes 90 days but our attorney mentioned I have to be in the country while applying for the renewal and we had to wait till Jan 15th since I was out of the country. I do have 2 questions.
    1. Is there a way I can expedate the H4 EAD renewal processing, I work as a teacher.
    2 Also if my case is still pending, would I able to travel out of the country because I would like to travel on April 12th for 10 days.

  6. Rahul Srini   9 Feb, 19 at 10:01 am

    Hi Anil,
    My wife was having current H4-EAD until Dec-2019. My H1B transfer & H4 was recently approved from SEP-2018 until SEP-2021, so will i be eligible to apply H4 EAD renewal separately based on new approval, even though my old H4 EAD valid until dec 2019? or i can eligible to apply only before 180 days, in my case Jun-2019? Thanks

    • Anil Gupta   9 Feb, 19 at 10:11 am

      You can apply for H4 EAD separately before 180 days of current one’s expiry.
      Yes, offcourse use the most recent H1B approval.

      • Rahul Srini   9 Feb, 19 at 10:42 am

        I can be eligible to apply only after 180 days, in my case Jun-2019? or apply even now with latest approval?

        • Anil Gupta   9 Feb, 19 at 2:10 pm

          USCIS will reject by sending an RFE and your fees will not be refunded if you apply more than 180 days in advance.
          So, it’s better you file at 180 day mark.


  7. Hi Anil,
    Our h1,h4 and h4 ead’s expires on April 2nd,2019. My husband is with employer A, they filed h1,h4 and h4 ead extension in normal processing. it went to Vermont center. If in Feb 19 if premium processing opens and if we push to premium processing, does h4 and h4 ead also processed in premium ?? If not , current h4 process time is showing 10 months for h4. I got a receipt for h4 ead in which it’s mentioned I can work 180 days after expiry date. if my ead status is pending. if my h4 is not approved by April 2nd can i work ?

    • Anil Gupta   9 Feb, 19 at 10:01 am

      1. You cannot work after H4 EAD expiry. The 180 automatic extension is NOT allowed for H4 EAD specifically. I have covered it here for clearing out any rumors:
      https://www.am22tech.com/can-h4-ead-get-automatic-180-day-extension/

      2. There is no guarantee that H4 EAD and H4 will be processed in premium if you file for upgrade. It is up-to USCIS to extend this as courtesy. If you get lucky, you might see it approved in premium timeline.


  8. Hi Anil,
    I am applying H4 EAD for my spouse. however, i have question on item 27, 30 in form i765. Do we need to use c(26) or c(35) for filing H4 EAD?


  9. Question, once H4-EAD is approved can the person start work with ITIN until they receive the SSN ?

  10. Pankaj Gupta   14 Jan, 19 at 10:05 am

    Hi Anil,

    Another question: Since I am waiting for EB3 filing priority date to be current, meanwhile I was preparing documents for filing H4 EAD (work auth (I765 (c(26)) for my wife. Does it make sense to wait for EB3 priority date to be current which could happen in a month and then downgrade from EB2 to EB3 file I140+I485+I765 c(9) together? or shall i go ahead and file I-765 (c(26)? this is a new application.
    Thanks for you help.
    Regards

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