Apply H4 EAD while H1B or H4 Extension is Pending

You can file H4 EAD while H1B or H4 or both H1B and H4 are pending with USCIS.

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.

You can check the documents checklist to apply for H4-EAD along with the pre-filled I-765 form.

The most asked question about the H4 EAD form is the receipt number that needs to be written on the form for timely approval without an RFE.

i797 number on form i-765:

This should be the primary H1B’s pending/approved receipt number.

H4 i94 number on I-765 form:

The H4 i94 should be the most recently issued i94 number.

• If H4 is extended within the US (with no travel outside the US), H4 i94 would be attached to the last H4 i797 approval. This may or may not be updated on the online CBP i94 website.
• If H4 entered the US using a visa stamp in the passport, then, the i94 can be downloaded from the CBP i94 website.

H4 EAD Approval Chances

Will H4 EAD be issued with H4 Pending Extension is a common confusion and the answer is that H4 EAD needs an approved H1B and an approved H4 to be approved.

You are allowed to file H4 EAD using your pending H4 extension though.
Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days.

Many people have reported that their H4 EAD status changed to “New card is being produced” when the H4 extension status still shows as “Case was received”. But, within a matter of 1-2 days, the H4 approval comes through.

Can We Travel while H4 EAD is pending?

You can travel while H4 EAD is pending. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too.

File Multiple H4 EAD Applications?

You can file as many H4 EAD applications as you want if you have the money.

We cover multiple situations where you may be confused as to file another H4 and h4 EAD while one set of applications is still pending results from USCIS.

#1 H1B Transfer with H4, H4 EAD pending

Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension.

Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics.

In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer.

#2 H4 EAD pending and H1B Extension time approaching

It is possible that you applied for H4 EAD recently when your primary H1B’s current validity was just about 6 months to 1 year. In this case, your current H4 EAD application may be pending while it’s time to file for H1B and H4 extensions.

In this case, you can file another H4 EAD application while your current one is still pending.

• You will need to choose the option 1.a. “Initial permission to accept employment” on form I-765 question 1:

• and say ‘yes’ on question 12 “Have you previously filed Form I-765”.

Remember that if you ever had H4 EAD earlier, you should select option 1. C and attach the earlier EAD copy with your application package.

FAQ