What you need to know about filing H-4 status and EAD together
Who Should File the Combo
- Your spouse has valid H-1B status
- Your spouse has an approved I-140 immigrant petition
- OR spouse's H-1B was extended beyond 6 years under AC21
- You're currently in valid nonimmigrant status (F-1, B-1/B-2, J-2, L-2, etc.)
- You want H-4 status AND work authorization
What the Combo Gets You
- H-4 dependent status tied to spouse's H-1B
- Employment Authorization Document (EAD card)
- Ability to work for any U.S. employer
- Freedom to change jobs without USCIS approval
- Single filing saves time and coordination
How to file H-4 status + EAD combo with Immiva
- 1
Verify Eligibility
Confirm you qualify for both H-4 status AND H-4 EAD. EAD requires your spouse's approved I-140 or AC21 qualification — not everyone changing to H-4 is EAD-eligible.
- 2
Complete Form I-539
Our guided system walks you through the change of status application, pre-selecting H-4 as your requested status.
- 3
Complete Form I-765
Apply for employment authorization with eligibility category (c)(26) automatically selected for H-4 EAD.
- 4
Add Children (If Applicable)
Include unmarried children under 21 on your I-539 using Form I-539A. Note: Children are not eligible for EAD.
- 5
Gather Supporting Documents
Get a personalized checklist including spouse's H-1B I-797, I-140 approval, marriage certificate, and proof of current status.
- 6
Review & Download
Review both applications, pay once satisfied, and download print-ready PDFs. Must file by paper mail — online filing not available for combo.
Required Documents
- Copy of your passport (ID page and current visa stamp)
- Copy of your I-94 arrival/departure record
- Copy of spouse's H-1B I-797 approval notice
- Copy of spouse's I-140 approval notice (for EAD eligibility)
- Marriage certificate (with certified translation if not in English)
- Proof of your current nonimmigrant status
- Two passport-style photos (2x2 inches)
Processing Times
- I-539 change of status: 3–6 months
- I-765 EAD: 5–12 months
- Premium processing NOT available for H-4
- Forms may be processed separately despite filing together
- Receipt notices arrive in 2–4 weeks
- File 30–60 days before current I-94 expires
Filing Fees
- I-539 USCIS fee: $470 (paper only for combo)
- I-765 USCIS fee: $520 (paper only for combo)
- Total USCIS fees: $990
- Immiva preparation: $49
- Premium processing NOT available
What you get with Immiva
- I-539Application to Extend/Change Nonimmigrant StatusThe official application to change your status to H-4 dependent
- I-765Application for Employment AuthorizationApply for your H-4 EAD work permit with category (c)(26) pre-selected
- I-539ASupplement A for I-539Include unmarried children under 21 as co-applicants for H-4 status
- G-1145E-Notification of Application AcceptanceReceive email and text alerts when USCIS accepts your applications
- G-1450Authorization for Credit Card TransactionsPay the combined $990 USCIS filing fee by credit or debit card
- G-1650Authorization for ACH TransactionsPay the USCIS filing fee directly from your U.S. bank account
- Filing ChecklistPersonalized Document ChecklistComplete list of documents for both applications and where to mail your package
Critical changes affecting H-4 combo filings
As of January 2025, USCIS ended bundled processing for H-4 I-539 and I-765. Your forms may now be processed separately, leading to longer wait times. Additionally, the 540-day EAD auto-extension was eliminated in October 2025 — if you have an existing EAD expiring while your renewal is pending, you must stop working.
- Filing after your I-94 expiration date (denial likely)
- Leaving the U.S. while pending (abandons both applications)
- Spouse doesn't have approved I-140 (EAD will be denied)
- Working before EAD is approved (unauthorized employment)
- Missing spouse's I-140 approval notice in your package
- Filing online (not available for combo — paper only)
- Using incorrect eligibility category (must be C26 for H-4 EAD)
- Not responding to RFE on time for either application
- Spouse's I-140 is revoked before your EAD is approved
Why people choose Immiva for H-4 combo filings
Both forms in one guided session Auto-fills (c)(26) category for H-4 EAD Verifies I-140 eligibility before you file Syncs validity dates with spouse's H-1B Single mailing address for both forms Print-ready PDFs formatted to USCIS specs
Frequently Asked Questions
You must meet requirements for BOTH applications. For H-4 status: your spouse has valid H-1B and you're in valid nonimmigrant status. For H-4 EAD: your spouse must have an approved I-140 immigrant petition OR have their H-1B extended beyond 6 years under AC21 rules. If your spouse doesn't have an approved I-140, you can still change to H-4 but you won't qualify for the EAD.
The USCIS filing fees total $990: $470 for Form I-539 (change of status) plus $520 for Form I-765 (EAD). Immiva's preparation service covers both forms for $49. You'll also need to include payment authorization using Form G-1450 (credit card) or G-1650 (ACH) — USCIS no longer accepts checks.
No. When filing I-539 and I-765 together, you must file by paper mail. Online filing is only available for I-539 when you're the sole applicant with no concurrent forms. The combo package must be mailed to the USCIS lockbox address specified for H-4 I-539 with concurrent I-765.
As of January 2025, USCIS no longer bundles processing of H-4 I-539 and I-765. Your I-539 may be approved in 3–6 months while your I-765 takes 5–12 months. Premium processing is NOT available for either H-4 application. You'll receive separate decisions for each form.
USCIS ended bundled processing for H-4 I-539 and I-765 applications as of January 18, 2025. Previously, these forms filed together were processed simultaneously. Now they may be adjudicated separately, which can result in longer overall wait times and potential gaps between receiving H-4 status and EAD approval.
Only if your current status authorizes employment. If you're changing from F-1 with valid OPT, you can work until OPT expires. But if changing from B-1/B-2 or another non-work status, you cannot work until your H-4 EAD is approved and in hand. Working without authorization can result in denial and future immigration consequences.
If your spouse's I-140 is revoked before your EAD is approved, your I-765 will be denied because you no longer meet the eligibility requirement. Your I-539 for H-4 status may still be approved since H-4 doesn't require an I-140. However, you would not be able to work in H-4 status without a valid EAD.
No. If you leave the United States while either application is pending, USCIS will consider both applications abandoned. You must remain in the U.S. until you receive decisions. If you must travel, you'll need to apply for an H-4 visa at a U.S. consulate abroad instead.
Filing together means one mailing, one set of supporting documents, and coordinated filing dates. Filing separately requires two mailings, duplicate documents, and careful timing. However, since USCIS ended bundled processing in January 2025, both approaches may result in similar processing times. The combo is more convenient but doesn't guarantee faster processing.
Children can be included on your I-539 for H-4 status using Form I-539A — they'll be covered under your $470 I-539 fee. However, H-4 children are NOT eligible for EAD regardless of age. Only H-4 spouses can apply for employment authorization.
The 540-day automatic EAD extension was eliminated on October 30, 2025. If you're filing for initial H-4 EAD as part of your combo application, this doesn't affect you. But if you later need to renew your H-4 EAD, be aware that renewals filed after October 30, 2025 receive NO automatic extension — you must stop working if your EAD expires while the renewal is pending.
Your H-4 EAD validity depends on your spouse's H-1B and I-140 status. Typically, the EAD is valid until your spouse's H-1B expires or for up to 3 years if your spouse has an approved I-140 and is in the green card backlog. You'll need to renew before expiration to maintain work authorization.
No. While the combo filing involves two forms, Immiva guides you through both applications and generates a unified document checklist for $49 — compared to $1,000–$2,500 for a lawyer handling both. However, if you have status violations, prior denials, or complex circumstances like I-140 portability issues, consulting an attorney may be worthwhile.