H4 EAD Eligibility – Is i140 Approval Required?

You can get an H4 EAD work permit if you are in the US on H4 status with your H1B spouse.

• H4 EAD does not require sponsorship and no biometrics either.
• You can apply for SSN along with your EAD card.

You can use this step-by-step H4 EAD eligibility checker test to find out if you fulfill the H4EAD i765 application requirements. Your answers to simple questions will decide if you fulfill all USCIS requirements for H4 EAD.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

Check My H4 EAD Eligibility

H4 EAD USCIS Rules

As per the official USCIS rule for H4 wife or husband, you are eligible to work in the USA if the H1B spouse can fulfill any one of these two criteria:

#1 H1B Spouse has I140 Approved OR

The approved i140 can be from any past or current H1B employer.

• Just make sure that USCIS has not revoked i-140 approval for fraud, misrepresentation, or errors.
• If the old employer has withdrawn the previous i140 but has not been revoked, you can still use it for filing the H4 EAD application.

The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories EB1, EB2, and EB3 are eligible.

#2 H1B Has been Extended Beyond 6-Year Quota

You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS.

This is possible when the H1B has already spent 6 years in the US but is waiting for PERM approval.

H1B can work beyond 6 years in the USA by filing 1-year extensions if

• PERM is Pending for 365+ days or
• PERM is Approved or
• PERM Audit is Pending for more than 365 days or
• i140 is pending after PERM approval

The pending or approved PERM allows you to file H1B extensions in the 7th, 8th, and further years.

The H1B spouse should have worked in the US for at least 6 years in the USA using an H1B visa.

The total time should be added including vacation time outside the USA. Do NOT add the time when the person was on any other visa like F1, L1, etc. in the USA either before H1B or between H1B times.

FAQ