How to file H4 EAD, Documents, Form i765 (New / Renewal Process)

USA H4EAD
50

Hi,
If we file H1B extension, H4 extension and EAD concurrently, do we need to attach “previous” H4 approval (I-797) for H4 Status Proof document, or only using I-94 copy (which will have current visa expiration date) which we can obtain online is sufficient?

51

Hi @keto12

You need to understand that i797 is not a proof of H4 status.

You have to send most recent i94 as a proof of valid H4 status in every case.

52

Hi Anil, thanks for the reply. So the most recent I-94 will have an expiration date corresponding to the previous H4 visa right (i.e. sometime this year since I need to renew it this year). That is fine right?

53

Hi @keto12

The most recent i94 may or may not have the validity corresponding to your H4 visa. It can be different too.

Just use the MOST recent i94.

54

Understood, thanks a lot Anil.

55

A post was split to a new topic: Which i94 number should be written on h4 ead form - online or i797?

56

Hi, thanks for the info. Is it okay to apply for H1 and H4 extension through lawyer and H4-EAD by self separately? So, the applications for H1 and H4 wlll go together, but H4-Ead will go separately a day or 2 later. Lawyer is asking for $1000 consulting fee for EAD

57

You can apply H4 EAD separately. Its easy.

58

@Anil.Gupta :

First of all, GREAT ARTICLE!!! I wanted to thank you from bottom of my heart. You have brought assurity to a lot of immigrants in US with your i765 samples and package pictures. Big Thanks and Tightest Hug to you and others contributed.

1 Like
59

Hi, Thanks very much for the very helpful information regarding filling this form. I am about to apply for my H1b extension approximately 6 months before expiration.

My lawyer will file H1b extension and H4 extension and I am planning to file H4-EAD (plan to send it at around the same time). I am planning to enter "Filed concurrently’ for question 29.

Is it ok if the H4-EAD application goes in a separate package in this case?

Or do I have to mail H4-EAD to the lawyer to include with the H1b and H4 extension? There is no mention of the H1b applicant anywhere on the form apart from question 29.

That makes me concerned regarding entering "Filed concurrently’. How will they associate the case with the correct H1b application?

Also, in this case, would you recommend including both previous H4 I-797 and recent H4 I-94 as proof of current visa?

60

Hi @rucnbc

You cannot write ‘filed concurrently’ if you plan to send the H4 EAD application separately.

Ask your attorney to send all three applications in same package.

61

Hi Anil,

Thanks for the reply. The lawyer denied to include H4EAD application (I am filing without lawyer help) with the H4 and H1b applications (which they are doing). The alternative would be to wait for the H1b receipt number and then use that number in Q29. That should only delay the process by a couple of weeks, right? It seems H4EAD is taking a very long time process.

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A post was merged into an existing topic: Apply H4/H4 EAD without primary applicant H1 extension petition

63

Hi @Anil.Gupta
The sample form lists mother’s married name (question 17.a) but actually maiden/birth name is asked. Could you please clarify which name should be used?

64

Hello,

I am applying for my H4 EAD and wanted to confirm for Q29 - I am supposed to add the receipt no. for most recent I-797 or its the I-140 approval notice receipt no. As both the forms are called I-797 its a bit confusing.

65

Am in process of preparing my 1-765 form and i want to clarify about
Part 4: “Interpreter”
Part 5: “Preparer”

Am preparing my form on my own as am fluent in English and i don’t take any assistance, in that case can i leave both the section 4 and 5 as blank ?

And also can i leave Part:6 additional information also blank, incase of no information to add.

Please advise on the same

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You can leave them blank.

67

Your H4-EAD form guides are very helpful. Can you also post 765 and 131 form filing guides based on pending 485?

68

Thanks for detailed information. I had a small confusion for question 21.a in I765.

You have been mentioned that it should be H4 I94 number which is attached to the I797 form. We have been out of USA for some time and came back again last year. So at the port of entry my wife got new I-94 which I can obtain from CBP site. So should I use the latest I-94 got at the port of entry or the I-94 number in the attached form of i797 ?

Could you please let me know.

Thanks in advance.

69

You should use the ‘most recent’ i94 irrespective of how it as obtained.