Please refer USCIS
Website for complete information
Who are eligible for H4
EAD?
Certain H-4 dependent
spouses of H-1B nonimmigrants can file Form I-765,
Application for Employment Authorization,
if the H-1B nonimmigrant:
Is the principal
beneficiary of an approved Form
I-140, Immigrant Petition for Alien Worker;
or
Has been granted H-1B
status under sections 106(a) and (b) of the American Competitiveness in the
Twenty-first Century Act of 2000 as amended by the 21st Century Department of
Justice Appropriations Authorization Act (AC21).
How to Apply ?
Eligible H4 dependent
spouses must file I-765 form, Application for Employment Authorization, with
supporting evidence listed in the below section and a $380 fee (as of 6th
August 2016, refer uscis portal for more details)to get work authorization .
Use the following
guidelines when you prepare your check or money order for the Form I-765 fee:
- The
check or money order must be drawn on a bank or other financial
institution located in the United States and must be payable in U.S.
currency; and
- Make
the check or money order payable to U.S. Department of Homeland Security.
Spell out U.S. Department of Homeland Security; do not use the
initials “USDHS” or “DHS.”
How to fill I-765 Form?
USCIS has released a new
I-765 form recently. Applicants should use the Updated form. Here is the link
to the form:
Filing instructions:
Most of the questions are
straight-forward except few questions which are listed below.
Question 9: SSN: If you don`t have a SSN Number, you
can fill it as “N/A”
Question 16: For H4 EAD People, You need to enter
(c)(26)
Question 18: Enter the receipt number of i-797 notice
of H-1B approval for form I-129.
Instructions:
- If
extra space is needed to complete any item, attach a continuation sheet,
write your name and Alien Registration Number (A-Number) (if any), at the
top of each sheet of paper, indicate the Part and item number to which
your answer refers, and date and sign each sheet.
- Type
or print legibly in black ink
- Answer
all questions fully and accurately. State that an item is not applicable
with "N/A." If the
answer is none, write "None."
- Each
application must be properly signed and
filed. A photocopy of a signed application or a
typewritten name in place of a signature is not acceptable.
Mistakes to Avoid:
- Do
not staple the papers
- Any
Form I-765 that is not signed or accompanied
by the correct fee will be rejected with a notice that
Form I-765 is deficient.
- If
you do not completely fill out the form, or file it
without required initial evidence, you will not establish a basis for
eligibility, and USCIS may deny your Form I-765.
- If
you knowingly and willfully falsify or conceal a material fact or submit a
false document with your Form I-765, USCIS will deny your Form I-765.
Document Package Checklist:
- Form
G-1145 – http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf
- Filled
I-765
- Check
made to U.S. Department of Homeland Security for
$380
- Photos:
2 ( Write your name and I-94 number on back side of the photo)
Note: Photos and Check
can be kept in see through plastic envelope.
- H4’s
latest I-94 (Front and Back Copy)
- H4’s
latest I-797 , approval of I539
- Copy
of your Marriage Certificate
- Copy
of Passport (H4) – Front and back of passport and H4 Visa Stamp pages
- Basis
for Work Authorization Documents:
- If
you are filing on the basis of an approved I-140,
Submit the copy of I-140 and H1B’s latest I-797, approval of I-129
- if you are filing based on AC21 (Perm approval/Pending I-140) , submit copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129.
