Form I-539 + I-765
H-4 Status + EAD Combo Eligibility Check
See if you can change to H-4 and apply for work authorization in one combined filing.
- Free
- 2 minutes
- No signup required
The short answer
Who can file H-4 status and EAD together?
You can file Form I-539 to change to H-4 and Form I-765 for a work permit together if you are in valid nonimmigrant status, your spouse is in valid H-1B status, and your spouse has an approved I-140 or is in the 7th year or later of H-1B under AC21. If you are not yet EAD-eligible, you can still file the change of status alone.
What USCIS asks for
What USCIS asks for
- You are currently in valid nonimmigrant status
- Your spouse is in valid H-1B status
- Your spouse has an approved I-140, or is in the 7th year or later of H-1B
- No unauthorized work history
- No travel plans while the applications are pending
The check
What this eligibility check covers
- H-4 change of status eligibility
- H-4 EAD eligibility (I-140 or AC21)
- Concurrent filing requirements
- Preconceived intent concerns
- Timeline and processing expectations
- Required documents for both applications
Questions
Frequently asked questions
Filing together means you can start work as soon as the H-4 is approved, instead of waiting months more for a separate EAD application.
They are filed together but processed separately. The EAD can only be approved after the H-4 change of status is approved.
File the change of status alone and apply for the work permit later, once your spouse has an approved I-140 or reaches their 7th year.
USCIS fees are the same either way. Filing together saves time rather than money.
No. Leaving the U.S. abandons a pending change of status, and you would need to apply for an H-4 visa at a consulate instead.
Next
Where to go from here
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