Applying first time H4 EAD with short passport expiry


Can someone help with following questions regarding apply for first time H4 EAD for my wife.

  1. Does Validity of H4 EAD follow I94 expiry or passport expiry or shorter of both? My wife has shorter passport expiry (8 months) then I94 expiry (2 years) so trying to figure out whether we need to first renew her passport before applying for H4 EAD?

  2. Will there be any issue if the passport is renewed (hence she gets a new passport number) while USCIS is still processing H4 EAD application ?

A2A: @Kalpesh_Dalwadi @anil_am22


They usually give EAD validity to match with i94 and not passport.

Passport can be renewed while EAD is pending.


Thanks a lot @anil_am22 for quick response.

What I-94 number we need to enter for question 21.a on form I-765 for applying for my wife’s H4 EAD ?
She got shorter I-94 validity due to passport expiry when we entered US. But later her pending H4 extension got approved, so she got full I-94 validity as per my H1B validity.

I am assuming it to be H4 extension I-94 (attached to her I-797A approval) since that is the latest one, but wanted to confirm.


You should enter most recent i94 number.

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