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How to File H4 EAD: How to File H4 EAD Documents, Form I-765 (New/Renewal Process)

The H4 Employment Authorization Document (EAD) is a valuable benefit for H4 visa holders, allowing them to work legally in the United States without any employer or location restrictions. Whether you're applying for a new H4 EAD or renewing an existing one, understanding the process and required documents is essential. In this comprehensive guide, we'll walk you through the steps to file for an H4 EAD, covering both new applications and renewals.


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Documents for H4 EAD Application


How to Fill Out the H4 EAD Form

    When filling out Form I-765 for H4 EAD, pay attention to the following details:


    How to Apply for H4 EAD: New and Renewal Process

      The H4 Employment Authorization Document (EAD) allows H4 visa holders to work in the United States under specific conditions. Here's a step-by-step guide on how to apply for H4 EAD, whether you're applying for the first time or renewing your existing EAD. We'll also cover the biometrics process.

      Overview How to File H4 EAD

      StepDescription
      Step 1: Determine Eligibility- Ensure you meet the eligibility criteria for H4 EAD, such as having an H1B spouse with an approved I-140 or H1B extension beyond the 6-year limit under AC21.<br>- Verify that you have the necessary supporting documents.
      Step 2: Complete Form I-765- Download Form I-765 (Application for Employment Authorization) from the USCIS website.<br>- Fill out the form with accurate information, including your eligibility category code (c)(26).<br>- Sign and date the form.
      Step 3: Gather Required Documents- Assemble all required documents, including the H4 EAD application fee, Form I-765, photographs, and supporting documentation like marriage certificates, proof of eligibility, and photos.<br>- Organize them in a specific order.
      Step 4: Payment of Application Fee- Prepare a check, money order, personal check, or cashier's check for $410 USD payable to the "U.S. Department of Homeland Security."<br>- If applying at a USCIS Lockbox facility, you can use form G-1450 for credit card payments.<br>- Do not use short forms; write out the full name of USCIS.
      Step 5: Submit the Application- Create a package with the documents and fees in the prescribed order.<br>- Do not use heavy staples; use paper clips or binder clips.<br>- Check the correct USCIS address based on your H1B spouse's receipt number.<br>- Mail or send the package to the appropriate USCIS address.
      Step 6: Receive Biometric Appointment (if required)- USCIS may require biometrics (fingerprinting and photograph) for certain applicants. If needed, you will receive a biometrics appointment notice.<br>- Attend the appointment at the specified Application Support Center (ASC).
      Step 7: Wait for Processing- USCIS will process your H4 EAD application.<br>- Check the USCIS processing times, which can vary.<br>- You can check your case status online using the receipt number provided in the acknowledgment notice.
      Step 8: Receive EAD Card- Once your H4 EAD is approved, you will receive your Employment Authorization Document (EAD) card in the mail.<br>- This card will allow you to legally work in the U.S.<br>- The processing time may vary, but you can generally expect to receive your EAD card within 1 to 7 working days after the "New Card is Being Produced" status is displayed.
      Step 9: Apply for Social Security Number (SSN) (if needed)- If you do not currently have an SSN, you can apply for one after your EAD is approved.<br>- Select 'No' in Question 13.a. on Form I-765 and 'Yes' in Questions 14 and 15 to indicate your intention to apply for an SSN.<br>- Your SSN card will be generated and mailed to you by USPS within 3-4 weeks.

      H4 EAD Requirements – Who Can Apply?

      To be eligible for H4 EAD, you must meet one of the following conditions:

      Passport Not Required for U.S. Citizens

      H4 EAD Documents Checklist

        Before applying for H4 EAD, gather the following documents:

        Current PERM Processing Time

        Step-by-Step Guide to Apply for H4 EAD

          Biometrics for H4 EAD

            As of March 11, 2022, H4 EAD applicants may be required to attend a biometrics appointment. USCIS will send you an appointment notice specifying the date, time, and location of the appointment. During the biometrics appointment, your fingerprints, photograph, and signature will be collected. This information is used for background checks and to issue your EAD.

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            How to file H4 EAD using Form I-765

            Download and fill out the USCIS i765 form. You can also use our app to fill the form. The app validates and checks all form fields to make sure you don't make any mistakes. You can use this app to fill out the form, verify it all, and make sure the form hasn't been rejected or sent an RFE by USCIS:

            H-4 status proof 

            H-4 status proof copy of the H-4 visa holder's most recent I-797 approval. If the H4 extension has recently been approved, use Extension Approval. Or latest H4 i-94 copy. If the H4 extension was recently approved, the new i94 will be attached to your H4 extension approval (i797) notice or a copy of the pending H4 extension if it is not yet resolved.


            Concurrent Filing – H1B, H4, H4 EAD

            Concurrent filing of H1B, H4, and H4 EAD applications in the same package is allowed and can simplify the application process. When filling out Question 29 on Form I-765, you have a few options:

            All of these options have been used successfully by applicants. The key is to ensure that USCIS understands your intention to file these applications together. Writing "Filed concurrently" is a clear and commonly used method to convey this information. If you prefer to leave it blank or use your current H1B receipt number, make sure to do so consistently across all related forms and documents.

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            H4-EAD Renewal Documents

            When renewing or extending your H4 EAD, you'll generally follow the same document requirements and process as for a new H4 EAD application. However, there are some important considerations:

            Apply SSN with EAD

              Applying for a Social Security Number (SSN) along with your H4 EAD is a common step to ensure you can work legally in the United States. Here's a breakdown of the process:

              Having an SSN is crucial for various purposes, including tax filing, opening bank accounts, and establishing credit in the United States. Applying for an SSN along with your H4 EAD application streamlines the process and ensures you can start working as soon as your EAD is approved.


              FQAs How to File H4 EAD

              Certainly, here are some frequently asked questions (FAQs) related to filing for H4 EAD (Employment Authorization Document) along with their answers

              Q1: Who is eligible to apply for H4 EAD?

              A1: H4 EAD is available to certain H4 visa holders who meet specific eligibility criteria. You can apply if you are the dependent spouse of an H1B visa holder who either has an approved I-140 petition or is seeking an H1B extension beyond the 6-year limit based on AC21 rules.

              Q2: What is the purpose of H4 EAD?

              A2: H4 EAD allows eligible H4 visa holders to legally work in the United States. It provides them with the authorization to seek employment without employer or location restrictions.

              Q3: How much is the H4 EAD application fee?

              A3: The H4 EAD application fee is $410 USD. Payment can be made by check, money order, personal check, or cashier's check payable to the "U.S. Department of Homeland Security." Credit card payments are also accepted using form G-1450.

              Q4: What documents are required for the H4 EAD application?

              A4: The necessary documents include the H4 EAD application fee, Form I-765 (Application for Employment Authorization), photographs, copies of the H4 visa holder's government-issued photo ID, proof of H4 status, proof of the H1B spouse's eligibility, marriage certificate, and photographs. Additional documents may be required depending on your specific situation.

              Q5: Can I apply for H4 EAD renewal or extension?

              A5: Yes, you can apply for H4 EAD renewal or extension. The document list is generally the same as for a new H4 EAD application. Ensure that you apply well in advance, ideally 180 days before your current EAD card expires.

              Q6: Can I travel while my H4 EAD application is pending?

              A6: Yes, you can travel while your H4 EAD application is pending. However, ensure that you have the necessary documents, including a valid H4 visa and passport, and that you re-enter the U.S. before your current status expires.

              Q7: When can I apply for an SSN with my EAD?

              A7: If you do not currently have a Social Security Number (SSN), you can apply for one after your EAD is approved. When completing Form I-765, select 'No' for having an SSN in Question 13.a., and then select 'Yes' in Questions 14 and 15 to indicate your intention to apply for an SSN.

              Q8: How long does it take to receive the H4 EAD card after approval?

              A8: The processing time for H4 EAD can vary, but you can generally expect to receive your EAD card within 1 to 7 working days after the "New Card is Being Produced" status is displayed.

              Q9: What is the eligibility category code for H4 EAD?

              A9: The eligibility category code for H4 EAD is (c)(26). You will need to enter this code when completing Form I-765.

              Q10: Can I apply for H4 EAD while an H4 extension is pending?

              A10: Yes, you can apply for H4 EAD while an H4 extension is pending. Your EAD application will not be affected by the pending extension.

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