The H4 EAD (Employment Authorization Document) is a work permit issued by USCIS (U.S. Citizenship and Immigration Services) to certain H4 visa holders, dependents (spouses) of H1B visa holders. This allows eligible H4 spouses to legally work in the United States across any field, part-time, full-time, or even start a business.
A common question many applicants have is: “When can I apply for H4 EAD and how long will the process take?” This guide breaks down the timeline, eligibility, and what to expect.
Key Takeaways
You can apply for H4 EAD if your H1B spouse has an approved I-140 or qualifies under AC21 extensions.
File Form I-765 either standalone or alongside H4/H1B petitions.
Processing time: Typically 3 to 12 months, depending on filing method and service center.
You cannot begin work until the EAD card is approved and received.
Also Read: H4 EAD: Eligibility, Application, and What You Can Do
Checklist: What You’ll Need for H4 EAD
Completed Form I-765
Copy of H4 approval notice or visa
I-140 approval or AC21 documentation of H1B spouse
Passport-sized photos
USCIS filing fee (currently $520)
Supporting IDs and visa copies
Also Read: What kind of jobs or businesses can I do on an H4 EAD in the U.S.?
Eligibility: Who Can Apply for H4 EAD?
To be eligible for the H4 EAD, your H1B spouse must meet at least one of the following conditions:
They have an approved I-140 petition (green card process initiated).
They are on H1B extension beyond 6 years under AC21 provisions.
If one of these applies, you can submit Form I-765 to USCIS for work authorization.
Simple Definition:
Form I-140: Employer-sponsored petition for U.S. permanent residency.
AC21: American Competitiveness in the 21st Century Act, allowing H1B extensions during green card processing.
When Can I Apply for H4 EAD?
1. Already on H4 with Eligible H1B Spouse
• You can apply anytime after I-140 approval or H1B extension.
2. Applying for H4 EAD Together With H1B/H4 Extensions
• You can file concurrently with Forms I-129 (H1B) and I-539 (H4).
3. Changing Status to H4
• Submit Form I-765 together, but EAD will only be approved after H4 is approved.
How Long Does It Take for H4 EAD to Be Approved?
Approval times vary based on:
• Filing route (standalone vs concurrent)
• USCIS service center workload
• Whether biometrics is required
Estimated Timelines:
| Filing Scenario | Approval Time |
|---|---|
| H4 EAD filed after H4 approval | 3–6 months |
| Concurrent filing (H1B + H4 + EAD) | 6–12 months |
| Premium Processing (only for H1B) | May help H1B/H4 approval, not EAD |
Note: There’s currently no premium processing available for Form I-765 (EAD).
Case Study: Sushma from Hyderabad
Sushma, a software engineer, arrived in Texas on an H4 visa. Her husband’s employer filed an I-140, which was approved in January. She filed her standalone H4 EAD in March and received approval in July, just over 4 months.
Takeaway: Filing early and correctly can lead to smoother processing, even without premium service.
Required Documents for H4 EAD Filing
Make sure your application includes:
• Form I-765 (typed, signed)
• Copy of H4 approval (Form I-797) or visa page
• I-140 approval notice (Form I-140)
• Proof of marriage (marriage certificate)
• H1B spouse documents: pay stubs, visa, approval notice
• Passport photos
• Government ID (passport, visa)
• Filing fee: $520 (check USCIS Fee Calculator)
Important Notes & Practical Tips
Don’t start working until EAD card is physically received.
Submit only full applications, missing documents will delay approval.
Use trackable mailing services for paper applications.
Biometrics may be required in some cases, delaying the process.
FAQs: H4 EAD Filing
Q: Can I work while the EAD is pending?
A: No. You can only work after receiving your EAD card.
Q: Can I file EAD renewal before expiry?
A: Yes. File up to 180 days in advance.
Q: Is premium processing available for H4 EAD?
A: Not as of 2025, only H1B petitions can be expedited.
Questions to Ask Your Immigration Attorney
• Is my spouse’s I-140 approved and reflected in USCIS records?
• Should we file EAD with H4 extension or wait for approval?
• Can we track status online and what service center handles my case?
Applying for H4 EAD opens up massive career potential for spouses of H1B holders, especially in tech hubs like California, New Jersey, and Texas. Knowing when you can apply and preparing a complete application can shave months off your waiting period.
Whether you’re in Hyderabad or Houston, planning early, staying compliant, and tracking updates is key to success.
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