L2 EAD filing H4 EAD - Have you previously filed form i765?

My spouse had her L2-EAD filed & got expired in 2013 and now filing H4 EAD, what should be the answer for

  1. Reason for applying - New application or renewal? My guess is new application but would like to confirm.
  2. Have you filed form 1-765? Yes/No options - My guess is Yes since I am planning to attach her L2 EAD but would like to confirm

Attorneys recommend that you can say “No” as you are now using category C(26) for H4 EAD.

I have seen that it does not really matter even if you say “yes” and provide your old L2 EAD details.

The safer option would probably be to provide the L2 EAD details.

So, answer “New application or renewal” question as “New Application”.
Answer “have you filed form I-765 before” question as “yes” and then provide L2 EAD details in additional information section.

Thanks Anil. Its helpful.

I have another general question - my current H-1B petition/visa is about to expire in Oct 2020, and if I file for EAD it would take somewhere between 3-7 months and by this time I would have submitted H-1B and H-4 extension. Not sure what is suitable option since I would like to ensure process on my end to get the EAD card is done before any changes happen to the H-4 EAD. Any suggestions?

You can file all three applications before 180 days of their expiry.

We have seen that if you upgrade H1B to premium after the H4 biometrics, the chances of EAD approval within 15 days are high.

Hi Anil,
I am in the same situation. I have some related questions here.
In i765, there is a question if we have an alien registration number?

  1. Do I need to write the "Alien registration number from old L2 EAd card in the new i765 for h4 ead?
  2. Do I need to attach copy of L2 EAD card or just mention the details of L2EAD in additional info page?

Your response is appreciated.


Hi @neethus

Mention the A number from L2 EAD and share the EAD details. You can attach L2 EAD copy or just mention the details as per your choice.