Do I need to send copy of my birth certificate for H4 EAD documents.

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As I am applying for my H4 EAD. will it be fine if I just send my visa pages and driver's license.

Attorney Answers

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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
These are the USCIS I-765 EAD application instructions for H-4 spouses such as yourself: read carefully. The answers to all your questions are there. Spouse of an H-1B Nonimmigrant--(c)(26). File Form I-765 along with documentation of your current H-4 admission or extension of stay. You must also submit documentation establishing either that the H-1B principal has an approved Immigrant Petition for Alien Worker (Form I-140), or that your current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant's admission or extension of stay based on sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21). For your convenience, you may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. The 90-day period for adjudicating Applications for Employment Authorization (Form I-765) filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status, and that the principal is eligible for H-1B status. Please see the USCIS Web site at www.uscis.gov/I-765 for the most current information on where the file this benefit request. F. G. 1. Proof of Your Status. Submit a copy of your current Form I-797 approval notice for Form I-539 or Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay; and Proof of Relationship to the Principal H-1B. Submit a copy of the marriage certificate for you and the principal H-1B nonimmigrant. If you cannot submit a copy of your current Form I-797, Form I-94, or marriage certificate, USCIS will consider secondary evidence.
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J. Jae LeeImmigration AttorneySchaumburg, IL ·
Hi, EAD H-4 application requires the submission of an I-765 and other documents. You need to submit more than your visa pages and driver's license. You need to check the newly posted USCIS guideline or consult with an experienced immigration attorney.
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