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. John
    John 12 Oct, 18 at 3:01 pm

    Hi there,

    1. May I know that what is the actual USCIS application fee for H4 EAD renewal?
    2. Does H4-EAD required Biometric details/appointment ?

    Thanks in advance.


    • Anil Gupta
      Anil Gupta 12 Oct, 18 at 4:04 pm

      1. Fess H4 EAD = $410
      2. No bio-metric appointment/details are required.


      • John
        John 12 Oct, 18 at 4:24 pm

        Thank you so much Anil for your quick help!


  2. Madhulika Katiyar
    Madhulika Katiyar 23 Sep, 18 at 3:06 pm

    Hi,

    Do i need to pay biometric fees as well with application ? Does H4-EAD required Biometric details/appointment ?

    Thanks,
    Madhulika


    • Anil Gupta
      Anil Gupta 23 Sep, 18 at 4:11 pm

      No bio-metric is needed for H4 EAD.


  3. 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.


  4. EADQuestion
    EADQuestion 11 Sep, 18 at 10:46 am

    Hi Anil, I have a QQ. When will we get notification on the email/text using the ” Form G1145″? My documents reached last week. I did not receive any notification yet. Also, will we get email/text notification if submitted using FedEx or UPS?


    • Anil Gupta
      Anil Gupta 11 Sep, 18 at 10:52 am

      Yes, you will get SMS text as and when they enter your application data in their system.
      Check if the fees check been cashed by USCIS?
      That is another indication that your application’s processing has started and has been added to queue.


      • EADQuestion
        EADQuestion 12 Sep, 18 at 11:16 am

        Thanks Anil for the reply. That’s a good tip. I will keep monitoring the bank account as well.


  5. Vid
    Vid 29 Aug, 18 at 11:35 am

    Hi Anil,
    My Husband was in L1 Visa .I got L2 EAD which was expired now. Now my husband moved to H1B Visa.I going to apply for H4 EAD? In I765, Do i have to select “Initial Permission or Renewal My permission”?

    I have USCIS number in Expired L2 EAD, can i use it in I 765 form for H4 EAD?

    Thanks in advance
    Vid


    • Anil Gupta
      Anil Gupta 29 Aug, 18 at 11:59 am

      You can choose ‘Initial Permission or Renewal My permission’ as you are applying under new category i.e. C(26) for H4 EAD.
      Yes, you can use your USCIS number in i765 form.

      Please note that i have edited my answer.
      You can also choose the other option, but it is better to use new EAD option. USCIS is not clear about which option to choose.
      Hence, you can choose the new EAD.


  6. Monika
    Monika 16 Aug, 18 at 2:32 pm

    Hi Anil,
    I have a doubt regarding First Name and Last Name:

    1) Passport:
    Surname –
    Given Name – Monika

    2) H4 visa:
    Surname – Monika
    Given Name – FNU

    3) I94:
    Surname – Monika
    Given Name – FNU

    It’s written that I should write the name same as mentioned in Passport, but as per USA rules Last name should be included.

    Please advise me on this.


    • Monika
      Monika 16 Aug, 18 at 5:55 pm

      Can you please help me. It’s urgent.

      Thanks!


      • Anil Gupta
        Anil Gupta 16 Aug, 18 at 7:58 pm

        It looks like your surname was entered as ‘Monika’ while filing the H4 visa.
        So, in H4 EAD form, you can do the same and write surname as ”Monika” and leave first name blank.

        The name filing instructions are same for all visa application forms. So, while filing H4 visa, your name should have been matched to passport but it was not.
        So, don’t worry. Just write “Monika” as surname to match your H4 visa and apply.


        • Monika
          Monika 16 Aug, 18 at 10:52 pm

          Thanks alot for you help 🙂

          So, instead of leaving the First Name blank can I write FNU, because while filling the H4 Visa I mentioned FNU as my First Name.


          • Anil Gupta
            Anil Gupta 17 Aug, 18 at 6:50 am

            Yes, you can do that.


            • Monika
              Monika 17 Aug, 18 at 10:52 am

              Thanks for your help, I greatly appreciate it.


              • Anil Gupta
                Anil Gupta 17 Aug, 18 at 10:37 pm

                You are welcome.


  7. AD
    AD 4 Aug, 18 at 8:50 am

    HI All,

    I am planning to submit for my spouse’s H4EAD.

    I see there is a document in the checklist which I dont have.

    I have my H1 I797 but my spouse does not have one since her visa was
    approved/stamped based on my H1 and I797 and while she was in India.

    Can someone please tell me if this is mandatory? or can I just send I94 and H4 visa as prove of her valid stay in USA?


    • Anil Gupta
      Anil Gupta 4 Aug, 18 at 9:23 am

      You can submit the i94 copy as proof of H4 status.
      In above article, it is mentioned as i797 OR i94 copy. So, any one can be used.


  8. Suneel
    Suneel 11 Jun, 18 at 1:37 pm

    Hello Anil, Regarding the item number 5, my wife has a new I797-C copy after I changed employer but it doesn’t contain updated I-94 details. The I-94 downloaded from the CBP website contains the previous I-94 details. Can I still submit for H4-EAD process with I797-C copy?


    • Anil Gupta
      Anil Gupta 11 Jun, 18 at 1:43 pm

      Have you got the H4 extension approval? From your question, it seems you just got the H4 extension receipt but not the approval.

      I suggest to wait for the H4 approval before applying for H4 EAD as it needs an updated i94, which would be attached to the new H4 extension approval (new i797 form).


      • Suneel
        Suneel 11 Jun, 18 at 1:56 pm

        I received the notice 8 months ago and it have start date and valid until date. Isn’t that sufficient? I should only submit the document with latest I-94? Then probably I should reach out to my HR or attorney?

        Another question, regarding the filing fee can the personal check be on my name even though the applicant is my wife?


        • Anil Gupta
          Anil Gupta 11 Jun, 18 at 2:08 pm

          Hi Suneel,
          1. I cannot comment about what kind of approval you have on i797C form until you clearly say if it is H4 extension approval and what dates it has.
          What does the form say in the “Notice Type” section?

          i94 is attached with APPROVED i797 and the “Notice Type” section will mention that “Application was Approved”.

          2. Yes, personal check works irrespective of who issued it.


          • Suneel G
            Suneel G 11 Jun, 18 at 2:32 pm

            Hello Anil, it’s a H4 approval notice I received directly from USCIS in mail after my H1 transfer has been approved. Please refer the attached image.

            Notice type says: Approval Notice


            • Anil Gupta
              Anil Gupta 11 Jun, 18 at 2:39 pm

              This looks good. So, your H4 extension has been approved. This clears one confusion.
              Read the text written by USCIS. It says that “i94 is attached below”.

              If you have not received it, then your employer’s attorney would have received the official USCIS notice of approval with new i94 attached to it.
              Normally, attorney’s give the H4 applicant address directly so that the document is mailed directly to them but in your case, it looks like they gave their own address.

              Check with them and get your wife’s i94 copy and use that i94 number.
              Ideally the new i94 should have been updated online too.

              It sounds a bit strange to me that online CBP website is NOT showing the new one. This happens if your extension is approved with “consular processing”.
              But, before going there, you should first check with your employer and see if they have your wife’s new i94 who’s end date is greater than or equal to your i797C date.


              • Suneel G
                Suneel G 11 Jun, 18 at 2:45 pm

                Sure. I’ll contact my HR/attorney for updated I94. Thanks a lot for diving into my case. You’re doing a great job with this forum.


                • Anil Gupta
                  Anil Gupta 11 Jun, 18 at 2:47 pm

                  You are welcome. Let me know if you need more information.


                  • Suneel
                    Suneel 18 Jun, 18 at 1:15 pm

                    Hello Anil, I have received the I797-A copy for my wife from my employer and I have applied for H4 EAD on friday. The status says it’s delivered today. I have filed G1145 form and sent along with the other documents. How long will it take to receive the receipt number from USCIS?


                    • Anil Gupta
                      Anil Gupta 18 Jun, 18 at 1:25 pm

                      Wow..that is cool. All the best.
                      Receipt number is delivered usually within 7-10 days by USPS mail to your mail box.
                      Since you filed G1145 form, you will get an SMS too on the phone number you shared there. It usually contains the receipt number too.


  9. harinath gaddam
    harinath gaddam 8 Jun, 18 at 4:40 pm

    Hi Anil,
    My H1b got extended in 2016 , then my wife got visa stamping in early 2017 and came to US.
    Recently my I-140 got approved and now I am planing to apply H4 EAD for my wife.

    While filling the I-765 , one of the filed shows “Alien registration number ( A- number) or Form I-94 number (if any)” , so what do I need to enter here ?

    is it that I-94 no from the bottom part of my I 797 ? ( my wife not included at the time of my h1 extension)
    Or
    My wife’s I-94 number from – https://i94.cbp.dhs.gov/I94/#/recent-search

    which is correct I 94 number ?

    Thank you


    • Anil Gupta
      Anil Gupta 8 Jun, 18 at 8:42 pm

      I94 number has to be your wife’s i94.
      Have you applied for her H4 extension while she was in USA?
      If yes, then her new i94 would be attached to her i797 approval.
      If no H4 extension has been applied for her, then, her i94 would be found online on the link you shared.


  10. SN
    SN 5 Jun, 18 at 12:28 am

    My current I797 (After extension) shows validity till September 2019 while current I94 shows admit until date 12/11/2018 (might be because of my passport expiry, which i am planning to renew very soon). My questions are – 1) If i apply for H4EAD, what document should i submit – I797 or I94 along with application? (2) H4EAD once approved will have validity based on I797 or I94?


    • Anil Gupta
      Anil Gupta 5 Jun, 18 at 6:07 am

      1. Either i797 OR i94 can be submitted for H4 status proof. In your case, i would suggest to submit i797 as it has the correct validity date.
      2. your i94 can be renewed either by submitting H4 extension request (filing form i539) or going out of US and re-entering. We recently did visit Laredo, TX US border to get i94 extended.


      • SN
        SN 5 Jun, 18 at 7:27 pm

        Thanks a lot for sharing your experience. This really helped.




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