H-4 Dependent Visa + H-4 EAD

H-4 status: confirm principal's H-1B is valid. H-4 EAD eligibility: verify H-1B holder has approved I-140 AND is in (or has been granted) beyond-6-year H-1B extension. Alternatively, H-1B holder's I-140 is approved but Visa Bulletin priority date is not current.

H-4 EAD requires approved I-140 — pending I-140 is insufficient. If I-140 is withdrawn or denied, H-4 EAD eligibility is also lost.

Option 1: File I-539 concurrently with H-1B I-129 (as dependent). Option 2: File I-539 separately for H-4 change of status or extension. Provide proof of marital/parent-child relationship.

Upon employee/attorney request, provide copy of H-1B employee's I-797 Approval Notice. If H-4 is filed concurrently with H-1B extension, indicate dependent on I-129.

If H-4 spouse needs H-4 EAD, provide copy of H-1B employee's I-140 Approval Notice. Confirm I-140 has not been withdrawn.

Employer has no legal obligation to provide H-4 EAD documents, but cooperation helps with employee retention.

Provide: passport, marriage certificate (spouse) or birth certificate (child), principal's H-1B I-797 copy, I-94, passport photos. If previously in another status, provide related I-797/I-20/DS-2019.

If principal's I-140 is approved, file I-765 for work authorization. Prepare I-765 form, passport photos, I-140 Approval copy. Processing takes approximately 3-6 months. May only work after receiving EAD card.

Cannot begin working until EAD card is in hand, even if I-765 has been filed. There is no portability for H-4 EAD.

If eligible for H-4 EAD, file I-765 (category: (c)(26)). Attach H-1B holder's I-140 Approval Notice, H-4 status evidence, passport photos. May be filed concurrently with I-539 or separately.

Processing 3-6 months

H-4 EAD expires with H-4 status. Must file renewal within 180 days before expiry (auto-extension rule: timely-filed renewal allows continued work up to 180 days past old EAD expiry). Set calendar reminders.

H-4 EAD auto-extension only applies to timely-filed renewals in the same category. Must file before expiry.

If employer withdraws I-140 (e.g., employee departure), H-4 EAD eligibility may be affected. However, if I-140 was approved 180+ days and employee has ported to a new employer (AC21), withdrawal does not affect priority date.

Help employee understand H-4 status limitations (no work without EAD). If company offers relocation package, address H-4 dependent visa/status matters.

H-4 status is tied to principal's H-1B — if principal's status expires or is lost, H-4 also expires. International travel requires valid H-4 visa stamp (if expired, must obtain new stamp at consulate).

File I-765 renewal up to 180 days before H-4 EAD expiry. Also ensure H-4 status is extended with H-1B extension. If not renewed timely, must stop working when EAD expires.