APPLICATION PROCESS

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How to Apply – USCIS LINK

You must file Form I-765 which will be released on 26th May 2015 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Carefully follow these steps to prevent your application from being rejected and returned to you:

  1. Do not file before May 26, 2015.
  2. Complete Form I-765  using the Instructions for Form I-765, along with G-1145 for notifications on your application status. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380.
  3. Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.
Evidence of… Can be shown by submitting…
Your H-4 status
  • A copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; or
  • A copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.
A government-issued identification document with photo
  • A copy of your last EAD (if any);
  • A copy of the biometric page of your passport;
  • A birth certificate with photo ID;
  • A visa issued by a foreign consulate; or
  • A national identity document with photo.
Your relationship to theH-1B nonimmigrant
  • A copy of your marriage certificate.
Your basis for eligibility
  1. Evidence that the H-1B nonimmigrant is the principal beneficiary of anapproved Immigrant Petition for Alien Worker (Form I-140).
  • You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;

OR

  1. Evidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).
  • You may show this by submitting:

1.  A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and

2.  Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:

  • Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;

OR

  • Based on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.

Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant’s most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant’s approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.

Photos for card production
  • Two identical two-by-two-inch passport-style color photographs of yourself

Previously Published Article here

Based on all the information gathered up from multiple sources like blog response from bloggers, draft documents and other places we were able to compile a process we may have to follow after May-26th to apply for the EAD for certain H4 Dependents.

  1. Wait for the new form to be released by USCIS ( Based on this USCIS LINK  May-26th-2015 is release date) , draft copy of new form is available on their site, not to be used until final copy is released.
    1. Draft of new I-765 Form
  2. Instructions for filling the new drafted I-765 form are in the new drafted instruction form.
    1. Draft of updated I-765 Form – Instruction Document
  3. Print the released document by USCIS / OMB, fill with all the details required.
  4. Print the I-94 form from the Online service CBP site
    1. I-94 Service
      1. If you cannot find your I-94 please try calling “Deferred Inspection Site” closest to you for fixing I-94
  5. Scan and Print all your Passport pages and your spouce pages, now generally this is not needed however they can ask for attested copies of the same so do not rush into making a bundle pack ready for dispatch, and wait for final instructions on filling I-765 form.
  6. Scan and Print I-140 / Document or the AC21 document
  7. Scan and Print H1B VISA petition approval document.
  8. Passport Size pictures.
  9. Marriage Certificate
  10. Last 3 to 6 Pay stubs of I140 / AC21 candidate along with Employment Verification letter.
  11. Payment details for the application.
  12. Prepare and mail the bundle to correct mailing address once updated on USCIS site [USCIS I-765-Addresses Link]

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18 comments

  1. Sunil M says:

    Thanks for creating this informative link.

    Now we can have updated information.

    Thsnks

    • TEAM_H4EAD says:

      You are very welcome, I have been keeping up with most of the information on this whole thing by going to blogs and sites and everything and thought how about putting that all information at one place so here we are with this blog capable portal. If you have any suggestions please feel free to email or post a comment on the same, i will make a page for suggestions on this portal.

      Regards
      Admin.

  2. Lakshmi says:

    Is it possible to do e filing ?

    • TEAM_H4EAD says:

      Hi Laxmi,

      As per our current understanding we cannot do e-filing for H4-EAD at this time, if the situation changes at the last minute we will all get to know from Govt Agencies and publish it here.

      Regards
      Admin

  3. mitesh says:

    Excellent !! thanks guys. I would like to follow this blog. Any notification service i can subscribe too ?

  4. ADnan says:

    Hey Guys.
    This is really awesome.!! With the help of Draft I-765 can we create a sample filled form so people can refer that and save lawyer feel(i have heard many are reaching out to lawyer). We can have separate filled form for I-140 applicant and AC-21 category incase the answer is different in the form.

    • TEAM_H4EAD says:

      Hi Adnan,

      Let me discuss your idea with others and see what they have to say about the same as using the draft for creating two samples can be helpful at the same time mis leading as we don’t know if this is the final form or not, again we will discuss this with others and reply you back.

      Regards
      Admin

  5. Kaushal says:

    Thanks for compiling this. It’s a nice one page summary.

    While, I’ve too have noticed many blog posts and sites listings about the item no 10 requirement but nowhere on the official USCIS pages does it say that you need to provide them.

    I also read the draft I-765 and instructions, but doesn’t say anything about them. I guess it doesn’t hurt to send them but definitely not a requirement. Is that true?

    Thanks again.

    • TEAM_H4EAD says:

      Hi Kaushal,

      You are right, We just put that as a precaution to not miss out that information after collecting from sites and blogs, that documentation requirement is solely based of the blogs and sites with speculation, as this information is easily accessible and can be collected ahead of time we thought of posting that on the page, we have to wait for the final instruction form from Govt agency to create the bundle.

      Regards
      Admin

  6. miteshd81 says:

    Thanks TEAM_H4EAD,

    kudos to you. I just follow this site to get up to date information. I have few questions hopefully you know the answers to

    1- Will you be updating your website with latest forms as its released on 26th ? else please let us know the website to check?
    2- I believe the mailing address is still not clear ? Please share if you know for sure? I was curious if its going to be PO box so that we know if we can use private couriers.
    3- just confirming no attestation required in any of above documents ?

    Thanks guys. Praying we don’t get any roadblocks from tomorrow’s court hearing.

  7. miteshd81 says:

    Hi guys,

    So you still planning to mail your application on tuesday morning ? any better alternative

    • miteshd81 says:

      sorry just noticed that they also have express /courier mail address. Do you recommend sending it tomorrow for scheduled delivery on tuesday morning ?

  8. miteshd81 says:

    Hi Guys,

    Need your advice. My wife had worked on F1 OPT few years back before returning back to H4. There is a question on 765 that

    Have you ever before applied for employment authorization from USCIS?
    -Yes (Complete the following questions.) Which USCIS Office?
    -Dates Results (Granted or Denied – attach all documentation)

    Should we put as “YES” and what documentation should I provide ?

  9. Rajiv Pandey says:

    This link will be very helpful for people to track; Please tweet and post this link if possible

    http://www.trackitt.com/usa-immigration-trackers/h4-ead

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