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

Originally published at: How to file H4 EAD, Documents, Form i765 (New / Renewal Process) - USA

H4 EAD allows H4 visa holders to work legally in the US without any employer or location restrictions.  Check if you are eligible to apply for H4 EAD. Documents for H4 EAD Application #1 H4-EAD Fees Check / Credit Card H4 EAD fees check for $520 payable to the ‘U.S. Department of Homeland Security‘. Short forms…


Quick question: If H4EAD renewal application is being filed with H1B (i129) as well as H4 extension (1539), which I797 number are we supposed to write for pnt: “29” in form I-765? The current approved i797 which is due to expire in a month?

Hi @Som

You have to write “Filed concurrently” and not the receipt number.

Thanks Anil for quick response! In the form it has 13 character boxes. How to accommodate the phrase “Filed concurrently”? Can you please help provide a sample?

Just write it without caring for boxes.

Or you can just write “concurrent”.

6 posts were split to a new topic: Have you previously filed Form I-765 - Had applied H4 EAD but was denied

6 posts were split to a new topic: Do i need to travel outside usa after my EAD is approved?

@Anil.Gupta - I have similar situation as Venkat - I understand the answer should be ‘Yes’ for that question. Is it recommended to elaborate under Part 6 Additional information stating the previous application for I765 was withdrawn ?

Hi @bivinster

You can describe the reason for denial if you want.

Hey @Anil.Gupta it’s not denial. I submitted H4 EAD application at Vermont center as soon as I140 got approved. It’s still pending decision. Now I would be doing H1 and H4 extension so I was thinking to withdraw the Vermont application for EAD as my extension would be filed in California.

Now when I fill the new h4 EAD application I see you have answered to notate yes where the question applies around if the applicant has applied i765 prior. Do you think it’s better to explain that I had to withdraw my application as the primary applicant approved stay was less than 6 months.

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Hi @bivinster

Yes, you can explain that.

4 posts were split to a new topic: Had OPT earlier - Have you previously filed form i765?

Hi Amit,

My i 140 approved recently. i needs to apply h4 ead for my spouse. can you pls help e with below queries.

  1. My current h1b/I 797 stamped until March 2020. Can i apply H4 ead for my spouse?
  2. My wife already got the stamping for h4 in India until March 2020. Does she need any Bio metric? Currently my spouse is in USA.
  3. In filling checklist i saw that she has to upload the I 797. But she already have the stamping on her passport for H4 until March 2020.
  4. Can i submit my I 797 as proof?. Or else can i submit my US visa/h1b stamped until March 2020.
  5. Can i have sample filled i 765 form . In your portal i could not able to find it.
  6. Can i send my personnel check for filling fee to USCIS.
  7. I was bit worried where to send these H4 ead/ I 765 documents? I mean which service center.

I asked many queries. Can you pls kindly clarify.


Hi @Kumar99

You can file H4 EAD even though your H1B is only approved till Mar 2020. But, the H4 EAD validity will be given only until Mar 2020. So, it is better you file H1B extension, H4 extension and H4 EAD all together to get longer validity.

You do not need Biometric if you are ONLY filing i765 and not H4 extension.

All the information that you have asked for is available here along with sample i765 form.

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A post was merged into an existing topic: Can we file ead when h4 extension is In progress

A post was split to a new topic: L2 EAD filing H4 EAD - Have you previously filed form i765?

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?

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.

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?

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.