H4 EAD - Filling Guide

Please refer USCIS Website for complete information

 https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

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:

http://www.uscis.gov/sites/default/files/files/form/i-765.pdf

Filing instructions:

 https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

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.