These instructions ONLY cover how to file your H-4 EAD on your own if your eligibility is based on an approved I-140, Immigrant Petition for Alien Worker.
A much more complicated packet of eligibility evidence is required for H-4
EADs based on a period of stay under §106(a).
I have included some comments that give answers to the basic questions I frequently receive about filing for H-4 EADs.
I have included some comments that give answers to the basic questions I frequently receive about filing for H-4 EADs.
Sample H-4 EAD Application Packet based on Approved I-140
1. $380 Check,Payable to “Department of Homeland Security”
2. Two color passport photos
3. Form I-765
“I am Applying for...”.
Only check ‘Renewal’ if your last EAD was an H-4 EAD.
Q.9:
Social Security Number. Enter your SSN, or 'None’, not your ITIN.
Q.10:
Alien Registration Number. If you have an A Number, else 'None'
Q.11: Yes, if you have requested an EAD before, in any category. This does not include prior work visas, such as H-1B or L.
Q.14: Status at last entry. May be different from current immigration status.
Q.15: Your immigration status on the day you signed the I-765. For most, it will be ‘H-4’. Not ‘H-4 Dependent”, there is no such status.
7. Marriage Certificate, with translation if necessary.
Q.11: Yes, if you have requested an EAD before, in any category. This does not include prior work visas, such as H-1B or L.
Q.14: Status at last entry. May be different from current immigration status.
Q.15: Your immigration status on the day you signed the I-765. For most, it will be ‘H-4’. Not ‘H-4 Dependent”, there is no such status.
Q.16: ( c ) (26)
( ).
Q.17: Leave blank.
Q.18: Case number for spouse’s last H-1B approval. Do not enter the I-140 approval case number.
Signature: Sign your name within the limited space provided – do not let your signature flow into the form text above.
4. Eligibility Proof: I-140 Approval Notice
5. Itentity Document: Front and back of last EAD, with your face recognizable; OR, if no prior EAD, a Photo ID (usually passport bio page or US State ID)
6. Proof of Current H-4 status: Your last H-4 Approval Notice, OR current H-4 I-94
Q.18: Case number for spouse’s last H-1B approval. Do not enter the I-140 approval case number.
Signature: Sign your name within the limited space provided – do not let your signature flow into the form text above.
4. Eligibility Proof: I-140 Approval Notice
5. Itentity Document: Front and back of last EAD, with your face recognizable; OR, if no prior EAD, a Photo ID (usually passport bio page or US State ID)
6. Proof of Current H-4 status: Your last H-4 Approval Notice, OR current H-4 I-94
7. Marriage Certificate, with translation if necessary.
8.
Proof Spouse in valid H-1B Status*:
Spouse’s last H-1B approval notice or I-94 from last H-1B entry
Spouse’s last H-1B approval notice or I-94 from last H-1B entry
Spouse’s
last two paycheck stubs
[* These three pieces of paper are not required, but recommended for now]
[* These three pieces of paper are not required, but recommended for now]
Filing Tips:
-The above documents are in the order they are assembled for filing.-Using a personal check is recommended. If your case is "lost", the receipt number is written on the back of the check.
-“Duplicate Approval Notices” can be used at all times to show H-4/H-1B status validity dates and for I-140 approvals.
-All pages sized 8 1/2 x 11.
-Send no original evidence documents – only photocopies.
-Before mailing, make a full and complete copy of every piece of the entire filing packet, including photos,check and envelope. Staple this packet and keep for your records.
-Mail the packet to the address designated by USCIS.
-When it is time to apply for Permanent Residence, it will be necessary to show that all of your employment while holding H-4 status was lawful, so be sure to send a copy of your EAD approval notice to your attorney to keep in your file with your other immigration records.
U.S. IMMIGRATION LAW
See our US$60 Attorney Consultation Offer
Go to the Most Recent US Immigration Topics
View Qualifications of Attorney James W. Austin
Thank you for posting these instructions. Very helpful. One thing missing from this is that the official instructions of I-765 ask you write down the I-94 number on the back of the photos. I just turned in my documents but did not write the i-94 info. on the back of the photo. Do you think it might cause a problem?
ReplyDeleteNormally, not a problem. The only reason an identifying number (I-94 #,A#, etc)is written on the photo is for those very rare cases when the photo has become separated from the application.
ReplyDelete