H4 EAD Work Authorization: Spouse of H1B Guide

H4 EAD eligibility requires your H1B spouse to have either an approved Form I-140 (Immigrant Petition) or be in H1B status beyond the initial 6-year limit under sections 104(c) or 106(a) of AC21. The I-140 approval notice (Form I-797) is the key document. If the I-140 was approved and later revoked, eligibility may still exist under certain conditions.

You must be in valid H4 nonimmigrant status to apply. If your H4 status has expired, you cannot apply for the EAD until it is renewed. Check your I-94 arrival/departure record at i94.cbp.dhs.gov for your current status expiration date. An expired I-94 means you must first file for H4 extension before or concurrently with the EAD application.

You need copies of your spouse's H1B approval notice (I-797), I-140 approval notice, passport bio page, and I-94 record. If your spouse is in extended H1B status (beyond 6 years), gather the approval notices showing the extensions. These documents prove your eligibility for H4 EAD.

File Form I-765 with category code (c)(26) for H4 EAD. The form requires your personal information, immigration history, and basis for eligibility. Use the current version of the form from uscis.gov. Outdated form versions are rejected. Review the form instructions carefully as fields have specific requirements.

The I-765 filing fee is 410 USD as of 2026. Payment by personal check, money order, or credit card (Form G-1450) is accepted. If filing the H4 extension (I-539) concurrently, each form requires a separate fee and check. Fee waivers for H4 EAD are generally not available.

Required documents include: 2 passport-style photos, copy of your passport bio page, copy of your I-94, copy of your H4 approval notice, copy of your marriage certificate, copy of your spouse's H1B approval notice, copy of your spouse's I-140 approval notice, and copy of your spouse's I-94. Include a cover letter listing all enclosed documents.

H4 EAD applications are filed by mail to the USCIS lockbox facility. The correct address depends on your state of residence and is listed in the I-765 instructions. Use USPS Priority Mail or a tracked delivery service. The receipt notice (I-797C) arrives 2-4 weeks after filing and confirms USCIS received your application.

If your H4 status expires within the next 6 months, file the I-539 (H4 extension) and I-765 (EAD) together in the same package. Concurrent filing saves time and ensures both are processed together. Include separate filing fees for each form. The combined package goes to the same lockbox address.

Use your receipt number (starting with IOE, EAC, WAC, or LIN) to track your case at egov.uscis.gov/casestatus. Create a USCIS online account to receive automatic status updates via email or text. Processing times vary from 2-8 months. The USCIS processing times page shows current estimates by service center.

USCIS may issue an RFE asking for additional documents or clarification. The RFE specifies a deadline, typically 87 days. Respond with all requested items before the deadline. Late or incomplete responses result in denial. Consult an immigration attorney if the RFE raises complex issues about your eligibility.

If you file your EAD renewal before the current EAD expires, your work authorization is automatically extended for up to 180 days while the renewal is pending. You must file the renewal in the same eligibility category (c)(26). The auto-extension applies only if USCIS has not denied the renewal within 180 days. Keep filing receipts as proof of the extension.

The EAD card (Form I-766) arrives by mail after approval. Verify your name, photo, category code, and expiration date are correct. Report any errors to USCIS immediately using Form I-765 with the explanation. The EAD card is your work authorization proof for employers. It typically has a 2-year validity period.

The EAD card is a List A document for Form I-9 employment verification, meaning it proves both identity and work authorization. Your employer examines the card and records the document number, expiration date, and category on the I-9. You do not need any additional documents. Start working only after receiving the physical card.

Visit your local Social Security Administration office with your EAD card, passport, and I-94 to apply for a Social Security Number (SSN). Processing takes 2-4 weeks. The SSN is needed for employment, tax filing, and opening bank accounts. You can also check the SSN box on the I-765 form to have USCIS share your information with the SSA automatically.

USCIS recommends filing the renewal 120-150 days before your current EAD expires. Filing earlier than 180 days before expiration may result in rejection. Filing too late risks a gap in work authorization if processing exceeds the 180-day auto-extension period. Set a calendar reminder 5 months before expiration.

Your H4 EAD depends on your spouse's H1B status and I-140 validity. If your spouse changes employers, the new employer must file a new H1B petition. If the I-140 is revoked (not due to fraud), you may still be eligible under certain circumstances. Consult an immigration attorney if your spouse's status changes.

H4 EAD rules have changed multiple times and litigation has affected eligibility criteria. If your spouse's I-140 is revoked, if you are in removal proceedings, or if your status has lapsed, consult an immigration attorney. Free legal clinics for immigration matters are available through the American Immigration Lawyers Association (AILA) referral service. This guide is informational only, not legal advice.