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.
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.