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We have received many requests/questions on applying for H4 EAD.
Here is the Step by Step guide for applying H4 EAD.
Who are eligible for H4 EAD?
Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:
- Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Have been granted an extension of their authorized period of stay in the United States under AC21 . AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
How to Apply ?
Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence listed in the below section and a $410 fee to get work authorization .
Use the following guidelines when you prepare your check or money order for the Form I-765 fee:
- The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and
- Make the check or money order payable to U.S. Department of Homeland Security. Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”
How to fill I-765 Form?
USCIS has released a new I-765 form recently. Applicants should use the Updated form. Here is the link to the form:
Most of the questions are straight-forward except few questions which are listed below.
Question 9: SSN: If you don`t have a SSN Number, you can fill it as “N/A”
Question 16: For H4 EAD People, You need to enter (c)(26)
Question 18: Enter the receipt number of i-797 notice of H-1B approval for form I-129.
- Type or print legibly in black ink
- Answer all questions fully and accurately. State that an item is not applicable with “N/A.” If the answer is none, write “None.”
- Each application must be properly signed and filed. A photocopy of a signed application or a typewritten name in place of a signature is not acceptable.
Mistakes to Avoid:
- Do not staple the papers
- Any Form I-765 that is not signed or accompanied by the correct fee will be rejected with a notice that Form I-765 is deficient.
- If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and USCIS may deny your Form I-765.
- If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-765, USCIS will deny your Form I-765.
Document Package Checklist:
Note: Photos and Check can be kept in see through plastic envelope.
- H4’s latest I-94 (Front and Back Copy)
- H4’s latest I-797 , approval of I539
- Copy of your Marriage Certificate
- Copy of Passport (H4) – Front and back of passport and H4 Visa Stamp pages
- Basis for Work Authorization Documents:
- If you are filing on the basis of an approved I-140, Submit the copy of I-140 and H1B’s latest I-797, approval of I-129
- if you are filing based on AC21 (Perm approval/Pending I-140) , submit copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129.
H4 EAD Filing Locations:
Currently, you cannot efile the h4 EAD application. You need to mail all the documents.
If the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC or LIN, then you have to File with the USCIS Dallas Lockbox Facility,
USCIS Dallas Lockbox Address:
U.S. Postal Service (USPS):
PO Box 660921
Dallas, TX 75266
For Express Mail and courier deliveries:
2501 S. State Hwy. 121 Business
Lewisville, TX 75067
If the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with SRC or WAC, You have to file with USCIS Phoenix Lockbox Facility
U.S. Postal Service (USPS):
P.O. Box 20400
Phoenix, AZ 85036
For Express mail and courier deliveries:
1820 E. Skyharbor Circle S
Phoenix, AZ 85034
Change of Status (F1 to H4 or H1b to H4):
F1 to H4 COS: If you are planning to apply for change of status from F1 to H4 to avail EAD, you can concurrently file a COS (I-539). Your EAD will be approved only after your I-539 is approved.
H1b to H4 COS: You can concurrently file a COS (I-539) along with EAD (I-765). Your EAD will be approved only after your I-539 is approved.