H1B amendment in progress, should we wait to file H4-EAD?

Hello Anil,

I have clarification related to i765.

My H1 B Amendment is in process and received receipt number and it’s pending with USCIS, so do you want me to wait to approval of amendment?

If apply H4-EAD can use new i797 receipt number which is not approved yet or the old i797 approval notice receipt number?



  1. It does not matter if you wait or not. The H4-EAD processing time will start ONLY after your current H1B amendment is approved.
    So, it is up-to you if you want to wait for approval and then apply or want to apply using amendment’s receipt number now. Both are going to take same time.

  2. You can use old i797 number IF IT HAS A GOOD amount of validity available.
    As per my information, your H4-EAD’s (if approved) will carry the same end date as this i797 date. You will have to apply for renewal then. You will get shorter EAD validity if you use your old H1B’s i797.

@Anil_Gupta , I have one more question?
Have you ever before applied for employment authorization from USCIS? for this question, if H4 previously on h1b visa and converted to H4, then what option we need to chooses?

is H1b also employment authorization??

This question is specifically for EAD (Employment Authorization) using form i765.
H1B is an application filed by your employer and not you.

EAD on the other hand is applied by you and not your employer.

If you have never applied for EAD before, then answer is NO.

Hi @Anil_Gupta , after applying H4-EAD with some address, if you move to different address, so what is the process to update address to USCIS?

Use this link to change your address with USCIS.


Hi @Anil_Gupta ,
My H4 EAD is going to expire on 1/30/2018 and I applied for extension along with my wife h1b, but still it is showing in the process only.
In this case, can I work after Jan 30th with h4 EAD receipt number?
If possible please share me the USCIS link.


As per the best of my knowledge, you CANNOT work on H4-EAD if you have NOT received the EAD card.
You can’t even work on approval. The card has to be in your possession to start/keep working.

I am afraid you have no option but to STOP working on Jan 31, if you do not receive your EAD card by then.

For non-H4-EAD types, USCIS does allow automatic renewal for next 180 days, but NOT for H4-EAD.

Hi Anil,

If old I-797 is approved till 12/2020 and current amendment is in progress, can we file the H4-EAD using old I-797. Will the current amendment decision or approval dates will change the H4-EAD dates ?

Should I wait until amendment gets approved or continue filing with old petition.

A post was merged into an existing topic: H4-EAD Approved, Can I start work with ITIN until SSN is received?