Form I-765
H-4 EAD Eligibility Check
Find out if your H-1B spouse's petition status makes you eligible to work.
- Free
- 2 minutes
- No signup required
The short answer
Who qualifies for an H-4 EAD?
You may qualify for an H-4 EAD if you are in valid H-4 status and your H-1B spouse either has an approved Form I-140, or is in H-1B status beyond the initial 6-year limit under AC21. If neither applies, you are not yet eligible.
What USCIS asks for
What USCIS asks for
- You are currently in valid H-4 status
- Your spouse has an approved I-140 that has not been revoked, or
- Your spouse is in the 7th year or later of H-1B under AC21
- No significant immigration violations
The check
What this eligibility check covers
- I-140 approval status
- AC21 extension eligibility
- Renewal timing and work-authorization gaps
- H-4 status validity and extension needs
- Concurrent filing options (H-4 and EAD together)
- Work history and potential issues
Questions
Frequently asked questions
H-4 spouses whose H-1B spouse has an approved I-140, or whose spouse is in the 7th year or later of H-1B status under AC21.
No. A first-time H-4 EAD does not authorize work until USCIS approves it, and renewals filed on or after October 30, 2025 no longer receive an automatic extension, so your work authorization ends the day your current card expires. File as early as USCIS allows to keep the gap short. See what changed in 2026.
No. Processing times are typically 3 to 6 months and there is no way to expedite by paying.
A revoked I-140 cannot support H-4 EAD eligibility. You may still qualify if your spouse is in their 7th year or later of H-1B under AC21.
Often yes. Your EAD cannot extend beyond your H-4 validity, so if your H-4 is expiring soon, filing both together avoids a second wait.
Next
Where to go from here
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