H4 EAD Sample Form I-765, Documents Required

H4 EAD sample I765 form, document checklist, fees $410. Renew 180 days before expiry. H1B primary i129 - I797 receipt required. Processing time 3-5 month.

Written by Anil Gupta
  By Anil Gupta          Updated  29 Oct, 19

  439    


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


Open link in new window.

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


Open link in new window.

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.


Forms USA
 



Recent discussion on forum

  1. mvb
    mvb

    Hi Anil,
    Recently updated i94 after passport renewal by visiting San Diego border. For section ‘Information about your last arrival’ in i-765 form, I have entered the latest i94 number and mentioned ‘San Ysirdo’ as ‘Last arrival in U.S.’. Would that work? If not, do we have any specific code for land PoE like the airports?


  2. venkat5121
    venkat5121

    this is what I entered, hope it helps…


  3. mvb
    mvb

    Thanks, that helps. Need to confirm since the sample form had place(city name) entered as oppose to PoE code.


  4. mvb
    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


  5. mvb
    mvb

    Thanks Anil and Venkat, you guys had been great help resolving queries.


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39 more replies

  439 Useful Questions & Answers

  1. Hanwen Wang
    Hanwen Wang 29 May, 18 at 9:51 pm

    Hey Anil.
    Could I apply H4 EAD for my spouse while my I140 has been approved while H1B application still pending?
    My H1B application is selected by USCIS but has not been approved by USCIS yet. I just got my I140 Approval notice recently.
    Could I do concurrent filing of H4 and H4 EAD for my spouse based on one pending H1B application?
    Thanks


    • Anil Gupta
      Anil Gupta 30 May, 18 at 7:31 am

      I don’t understand your specific scenario correctly.
      You can apply H4 and H4-EAD concurrently anytime till the time they both are valid and have some valid tenure left.

      Normally, the H4 expiry is tied to H1B. So, if you are applying for H1B extension because its expiring soon, the chances are high that the H4 is also going to expire at the same date.

      Let me know if I understood your query and answered it correctly?


  2. Riya Rani
    Riya Rani 28 May, 18 at 7:18 pm

    Hi….Need urgent help on I-765 (H4 EAD Form)……What first name & last name i must use in I-765 form. My passport missing last (surname) so in h4 its now FNU Riya Rani.

    Also there is one i-94 which is attached with i-797 below part has name of ‘Riya Rani’. but when i go online i have to use FNU Riya Rani for i-94.

    First name Last Name
    I-94 Form & H4 Visa Stamping FNU RIYA RANI
    I-797, I-539 Form, US DL RIYA RANI
    India Passport RIYA RANI Blank


    • Anil Gupta
      Anil Gupta 28 May, 18 at 9:48 pm

      I am pretty sure you had filled ”Riya Rani” as family name in various visa application forms and left the ‘first name’s field blank.

      I would suggest to keep the same naming convention in i-765 as what you have filled in form i-539.
      Does that answer your question.


      • Riya Rani
        Riya Rani 29 May, 18 at 9:32 am

        Ok. So we must use first name Riya and Surname Rani in i-765? which is same in the i-539, i-797. But on h4 visa stamp its FNU Riya Rani bcoz on passport last name was misssing. OR you suggesting fist name FNU and Surname Riya Rani in i-539.


        • Anil Gupta
          Anil Gupta 29 May, 18 at 9:46 am

          I would suggest to keep information same as i-539.


  3. KG
    KG 21 May, 18 at 1:36 pm

    Hi Anil,
    This article has everything i was looking for to prepare the H4 EAD application & process. Thanks!

    I have few queries, could you please clarify them?
    My status:
    I have my I-140 approved in last December and my H1 got extended for 2 more years in May 2018. We are planning to apply for H4 EAD for my wife with approved I-140. Meanwhile i got an offer from another company and they are going to transfer my H1 to their name in couple of weeks.

    Also my current employer may revoke the I-140 but my 140 will be 180 days older this month end.

    My questions:
    1. Is it okay to apply the H4 EAD application now with my existing documents?
    2. Will there be any issues if i change my employer after applying the H4 EAD but before it gets approved.
    3. What happen if my current employer revoke the I-140

    Thank you!
    KG


    • Anil Gupta
      Anil Gupta 21 May, 18 at 1:46 pm

      1. Yes, it okay to apply for H4-EAD with your existing documents.
      2. No issues.
      3. Nothing. Your H4-EAD, if approved will be valid. These days I-140 stays valid after 180 days even if employer revokes it.


      • KG
        KG 21 May, 18 at 7:14 pm

        This helps! Thank you so much!


  4. Vishal Tiwary
    Vishal Tiwary 19 May, 18 at 11:24 pm

    Hi,

    Do we need to send based on I-797(I-140) or I-797 A first three letter?

    thanks..


    • Anil Gupta
      Anil Gupta 20 May, 18 at 6:51 am

      1. Other names used (name before marriage) should be mentioned for H4 EAD spouse even if it is not mentioned on passport.
      2. Use H1B primary visa holder’s MOST recent I797 approval’s receipt number’s first 3 letters.


      • Vishal Tiwary
        Vishal Tiwary 20 May, 18 at 1:08 pm

        Thanks a lot.

        One more question: In my passport the Visa stamp is old one as I did not get new stamp after extension. Do I need to send the old visa stamp copy?


        • Anil Gupta
          Anil Gupta 20 May, 18 at 1:18 pm

          Not sure who you are applying as? ‘You’ are the H1B holder or H4 Spouse? Please clarify your question.


          • Vishal Tiwary
            Vishal Tiwary 20 May, 18 at 1:19 pm

            I am on H1b, I am applying for my wife . But both passport do not have latest Visa stamp as we did not go India after extension.


            • Anil Gupta
              Anil Gupta 20 May, 18 at 1:23 pm

              None of your passport visa stamp is required at all if you have other proofs.
              Are you trying to send US visa stamp as a proof for ‘Government-issued identification document with photo’?

              Please help me understand why you are thinking of sending visa stamp copy? Then, i can answer your question correctly.


              • Vishal Tiwary
                Vishal Tiwary 20 May, 18 at 1:25 pm

                Yes as identification. I am sending first/last page but wanted to send visa copy as well as saw in some forum. Do you think it is not required?


                • Anil Gupta
                  Anil Gupta 20 May, 18 at 1:26 pm

                  Nope. Its not required if you are sending Passport copy. Only 1 photo ID proof is required.
                  Not sure why other forum has advised you to send more than one proof !

                  I would not advise to send more than what’s asked / required by USCIS.
                  People have got the H4-EAD (renewal too) without any issue after following what we have shared above.

                  On the other hand, if your visa stamp has already expired, it is not counted as a valid proof anyway 🙂


                  • Vishal Tiwary
                    Vishal Tiwary 20 May, 18 at 1:32 pm

                    Ok. thanks.. and just I-797 copy is good for I-94 also as that is latest one, no need to send the I-94 for my last entry to USA, correct?


                    • Anil Gupta
                      Anil Gupta 20 May, 18 at 1:38 pm

                      You are mixing things up a lot. Did both you (H1B) and (H4) traveled outside USA recently?

                      For H4 status proof, you need any one of this from H4 extension (not your H1B)
                      1. Copy of H-4 visa holder’s MOST RECENT I-797 Approval. If H4 extension has been done recently, use the extension approval.
                      OR
                      2. Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).

                      So, if your plan is to submit i94 instead of H4 i797 approval, then use the MOST RECENT one. This means if H4 traveled outside USA after the H4 extension was approved, then H4 would have got a new i94.
                      Use the new i94 instead of the one attached to H4 i797 approval.

                      Does that answer your question?


                    • Vishal Tiwary
                      Vishal Tiwary 20 May, 18 at 3:20 pm

                      Ok, got it. I was also trying to follow one of my friend procedure so things are getting mixed up. He sent some extra doc aslo like I-797 of H1 visa holder, cover letter etc…


                    • Anil Gupta
                      Anil Gupta 20 May, 18 at 4:12 pm

                      Well, nothing extra is required apart from what we have mentioned above.
                      Rest is your choice.


  5. Anil Gupta
    Anil Gupta 18 May, 18 at 10:37 pm

    Sorry for late response. Your comment was stuck in SPAM.
    I would strongly advise to file H4 and H4-EAD with H1B and that too in premium. The chances of all 3 getting approved at the same time are high if you apply all of them concurrently.


  6. Nikhil
    Nikhil 16 May, 18 at 3:13 pm

    Hi Anil ,

    I am filing with my H1b with my new employer, My spouse h4 and h4 ead is valid till Sep 2019, Should I need to file both H4 and H4 ead with my h1-b


  7. 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?


  8. PS
    PS 9 May, 18 at 6:19 pm

    Hi Anil,
    Do we need to submit Spouse paystubs when applying for H4EAD.few websites say so, can you please advice on this?


    • Anil Gupta
      Anil Gupta 10 May, 18 at 1:37 pm

      No, there is NO need to submit spouse pay stubs if you have all the documents as we have listed above.
      There is no official requirement from USCIS to submit any payroll stuff.


  9. chand
    chand 28 Apr, 18 at 7:57 am

    Hi Anil,

    5) Place of Birth(State/Province) section is not accepting the complete name (ex: Andhra Pradesh) , Can i just type AP overthere or should i print out and write with pen the complete state name? please advise!!


    • Anil Gupta
      Anil Gupta 28 Apr, 18 at 8:33 am

      You can just write ‘Andhra P’ or ‘AndhraPrad’. That should be enough.


  10. 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




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