H4 Case Status

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Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

DHS Status: DHS updates that it plans to have H4 EAD revoke rule in Spring 2020 regulatory agenda that will make this case moot (of no significance to Save Jobs). They have already submitted rule for OMB and OIRA for review and it is in final clearance review by DHS. Although USCIS stated that they would take steps to approve these H-4 and H-4 EAD applications faster after biometrics, there is no real case to prove it on the ground. USCIS call center executives now advise that all premium H4 and H4 EAD cases are being processed in regular queues.

H4 Case Status

Checking Your Case Status Online The system will show your case status and let you know next steps. If you want to check an additional case now is the time to do so by entering a new receipt number in “Enter Another Receipt Number” field. However, that spouse will not be considered maintaining H4 visa status in that case. Q: Can a spouse on an L2 visa work with an EAD? A: As the spouse on L2 is eligible to apply for an EAD even if he/she has not filed I-485 application, an L2 spouse would remain on L2 status even after using an EAD.

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

Visit our H-1B Visa page for more information on eligibility for the H-1B program.

You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers; or
  • Has been granted H-1B status under sections 106(a) and (b) of the AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.

You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence.

Carefully follow these steps to prevent your application from being rejected and returned to you:

  1. Complete Form I-765 using the Instructions for Form I-765 (PDF, 618.16 KB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.
    • If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. You do not have to pay the Form I-765 filing fee. Follow the Form I-485 filing instructions to avoid processing delays.
    • If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26).
  2. Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.
Evidence of…Can be shown by submitting…
Your H-4 status
  • A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or
  • A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay.
A government-issued identification document with photo
  • A copy of your last EAD (if any);
  • A copy of the biometric page of your passport;
  • A birth certificate with photo ID;
  • A visa issued by a foreign consulate; or
  • A national identity document with photo.
Your relationship to the H-1B nonimmigrant
  • A copy of your marriage certificate.
Your basis for eligibility
  1. Evidence that the H-1B nonimmigrant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
  • You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant;

OR

  1. Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b).
  • You may show this by submitting:

1. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and

2. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay.

  • Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If more than 180 days have passed since DOL certified the Permanent Labor Certification Application, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of such DOL certification;

OR

  • Based on a Pending Form I-140. Submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days before the period of admission authorized under AC21 106(a) and (b) begins. You may show this by submitting a copy of the Form I-797, Notice of Receipt, for Form I-140.

Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.

Photos for card production
  • Two identical two-by-two-inch passport-style color photographs of yourself

If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that they are competent to translate from the foreign language into English.

H4 Extension Case Status

When filing Form I-765, please mail it to the proper location based on the chart below.

H4 Visa Case Status

If you are submitting your Form I-765…

Then please file your application at…

As a standalone application because you are currently in H-4 status and do not need to extend your status

The Lockbox address found on our Direct Filing Addresses for Form I-765 web page.

Together with Form I-539 seeking a change to or extension of H-4 status

The Lockbox address found on our Direct Filing Addresses for Form I-765 web page.

Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself

The service center with jurisdiction over Form I-129. Please see our Direct Filing Addresses for Form I-129 web page for more information.

H4 Ead Court Case Status

For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together

You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD. If you are still eligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 180 days before your original EAD expires

Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.

After you've filed your petition or application with USCIS, what happens next? It takes time USCIS to process your case, so it's important to keep track on the status to ensure that your petition or application is processed in a timely manner and to check to see if there are any issues that may cause a delay in the processing of your case.

H4 Case Status

USCIS receives thousands of petitions and applications every year so processing times vary depending on the type of case you've filed and where you've filed it. You can check the processing times of the field offices, service centers, and National Benefits Center here: Processing Times. Some petitioner and applications can take several weeks to be approved and others can take several months to process.

Here are the different ways you can track the status of your case:

Phone

Uscis Case Status H4 Ead

One way to check the status of your pending case is to call USCIS at 1-800-375-5283. You can call them whether or not you have a receipt number. Depending on how busy they are, you can be placed on hold anywhere from two minutes to two hours.

Online at the USCIS Website

A simple way to check the status of your pending case is to go to the USCIS website: USCIS Check Status. You will need your 13-character receipt number (ex. WAC-01-234-56789) in order to check online.

Email/Text/Phone App

You can also sign up for automatic updates and have them sent to your email by creating an account with USCIS and providing your email address: USCIS Sign-up for Case Updates. If you prefer to have updates on your case sent to your phone, after you've created an account, you can provide your phone number to receive a text message notifying you when a case status update has occurred. You will need your receipt number for both these options.There are also various types of phone apps you can use as well to track the status of your case such as USCIS Case Status Notifier (Android), Case Status Lite (Apple and Android), USCIS Helper (Apple), and USCIS Checker (Apple, Android, and Windows).

Mail

You can also request a case status update by mail if you've filed your petition or application through a local USCIS Field Office. In your letter, you'll need to provide your personal information such as your full name, birth date, alien number (if applicable), the date and place your petition or application was filed, and your receipt number (if you've received one). You should also include a copy of your receipt notice if you have it.

In Person

If you wish to find out the status of your case in person, you can schedule an InfoPass appointment with your local office and speak with an immigration officer. You can schedule an InfoPass appointment here: InfoPass Appointment Scheduling.

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H4 Ead Rule Update

So what's the best way to keep updated on your case status? Most people prefer to have updates sent to their email or phone so that they don't have to constantly go to the USCIS website to check.

H4 Case Status

If you have any questions about checking the status of your USCIS Application feel free to schedule some time to talk with our team.