H4 EAD i765 form - should I fill G-28 form for attorney?

Hello Sir,

My company will be filling my H1B+H4(spouse) extension in 2 weeks in premium processing. Our existing i94 are valid till Jan-2020.

I have requested attorney to put i765 form (filled by me) in same packet so that H4 and EAD may get adjudicate same time.

Attorney agreed for it. They will fill out all paper work for H1B and H4 extension and I will send them filled i765 and they will just put it in same envelope with H1B and H4 paper.

I am filling out H4EAD extension with H1B+H4 first time so need your advise what should I enter for:

  1. point 21 a- Should I put existing i94 of my wife(H4) which is valid till Jan-2020?
  2. point 29 © 26 eligibility- which i797 reciept number should I put? existing i797 which is valid till Jan-2020 or the new extension which we will file in 2 weeks?

How I will know that number before submitting documents to USCIS? Whether attorney gets H1B receipt number electronically before mailing documents to USCIS?

Also, Attorney will just represent me for H1B and H4 not H4EAD so I should keep G-28 selection box as unchecked ? My only concern is that attorney will put G-28 in same packet for H4 so USCIS should not get confused that its for H4EAD.

Should I put a cover letter where I should explicitly mention that I am filling out i765 on my own and represent my self and G-28 is only for H1B and H4 to clarify things?

I filed my wife’s initial EAD in Feb-2019 by referring your blog/post and finally it got approved 2 weeks back.Thanks again for all your help.

Please advise.


Hi @pushpen

You have to use the existing H4 i94 number. A sample H4 EAD renewal form is given here.

Write ‘concurrent’ in i797 H1B receipt field.

You can fill your own G-1145 for and attach it to H4 EAD application. No need for cover letter.

1 Like

Thanks Anil for quick response

1 Like