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

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.

Understood, thanks a lot Anil.

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

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

You can apply H4 EAD separately. Its easy.

@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.

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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?

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.

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.

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