New H4 EAD application with I-140 approved petition (no receipt number)

Hi Everyone,

I am planning to apply for H4 EAD for my wife (not with H4 extension). Can you help with following questions?

  1. My I-140 was approved with my previous employer but employer did not share it. I received approved petition copy from USCIS through FOIA request but they did not share I-797 or receipt number. Can I file H4 EAD request for my wife with just approval copy ?

  2. Does H4 EAD validity follow visa expiry or I-94 validity? I am asking because my wife’s I-94 is valid till this year (2022) due to passport expiry but has visa for another 2 years. If it follows I-94 validity then I would rather extend it and then apply for H4 EAD.

  3. Marriage certificate for relationship proof has my wife’s name before marriage, and all other documents for her have name after marriage. Will USCIS accept this marriage certificate for new H4 EAD request?

@anil_am22 - Please help with you expert opinion.

Thanks,
Chandra

Yes.

EAD will be issued in accordance with the H4 I-94.

This should be ok.

1 Like

Thank you Kalpesh for the quick response.

@Kalpesh_Dalwadi

What I-94 number do we need to mention on question 21.a of form I-765 (H4 EAD application) ?

My wife 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.

Should it be I-94 attached to her I-797A approval notice since that is the latest I-94 we received?

Thanks,
Chandra