H-4 EAD in Mission Viejo: Work Authorization for H-1B Dependent Spouses
Employment authorization for certain H-4 dependent spouses
Quick Answer
Certain H-4 dependent spouses of H-1B workers can obtain work authorization through the H-4 EAD program. This allows qualified spouses in Mission Viejo to work while their H-1B spouse's green card process is underway, providing financial stability and career continuity.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Mission Viejo and South Orange County are home to many H-1B professionals and their families. SoCal Immigration Services provides Arabic-speaking guidance for H-4 spouses seeking work authorization through the H-4 EAD program.
What Is H-4 EAD?
Background:
• Created by regulation in 2015
• Allows work for eligible H-4 spouses
• Tied to H-1B spouse's green card progress
• Must meet specific eligibility requirements
Current Status (2026):
• Program remains in effect
• Has survived legal challenges
• Continues to be available for eligible applicants
Who Is Eligible for H-4 EAD?
| Eligibility Scenario | H-1B Spouse Must Have |
|---|---|
| Approved I-140 | An approved employment-based immigrant petition (I-140) |
| AC21 Extension | H-1B extension beyond 6 years under AC21 provisions |
| Both | Approved I-140 AND H-1B beyond 6 years qualifies |
Understanding the I-140 Requirement
I-140 Approved:
• Employer filed I-140 petition for H-1B spouse
• USCIS approved the I-140
• I-140 remains valid (not revoked)
Important Notes:
• I-140 can be from current or former employer
• Even if H-1B spouse changed jobs, old I-140 can qualify
• I-140 approval alone triggers H-4 EAD eligibility
• No need to wait for green card priority date
H-1B Beyond 6 Years (AC21)
What Is AC21?
• American Competitiveness in the 21st Century Act
• Allows H-1B extensions beyond normal 6-year limit
• Available when green card process is pending
When H-1B Can Extend:
• I-140 approved, waiting for visa number
• Labor certification (PERM) pending 365+ days
• I-485 adjustment of status pending
H-4 EAD: If H-1B spouse qualifies for AC21 extension, H-4 spouse is eligible for EAD.
Applying for H-4 EAD
- •Confirm eligibility (I-140 approved or H-1B beyond 6 years)
- •Complete Form I-765 (Application for Employment Authorization)
- •Select category (c)(26) for H-4 EAD
- •Pay filing fee ($410)
- •Submit required documentation
- •Attend biometrics appointment
- •Wait for EAD card (processing times vary)
- •Can work only after receiving EAD
Required Documentation
Identity Documents:
• Copy of passport (all relevant pages)
• Copy of H-4 visa stamp
• Copy of I-94 record
• Two passport photos
Proof of Eligibility:
• I-140 approval notice (H-1B spouse's)
• H-1B spouse's I-797 approval notice
• Evidence of H-1B spouse's status
• Marriage certificate (relationship proof)
If AC21-Based:
• Evidence H-1B is beyond 6 years
• PERM or I-485 filing receipts
Processing Times and Planning
Current Processing:
• Typically 3-8 months
• Varies by service center and workload
• No premium processing available for H-4 EAD
Planning Tips:
• Apply well before current EAD expires
• File 180 days early if possible
• Automatic extension rules may apply
• Don't let status lapse between EADs
Automatic Extension for Renewals
180-Day Auto Extension:
• File renewal before current EAD expires
• Current EAD automatically extended up to 180 days
• Must be in same eligibility category
• Can continue working during extension
Requirements:
• Timely filing (before expiration)
• Same category as expiring EAD
• Receipt notice serves as evidence
• Extended EAD + receipt = work authorization
What H-4 EAD Allows
What You Can Do:
• Work for any U.S. employer
• Full-time or part-time employment
• Change jobs freely
• Start your own business
• Get Social Security number
Limitations:
• Tied to H-1B spouse's status
• Must maintain H-4 status
• EAD expires when H-4 status ends
• Must renew as long as in H-4 status
Maintaining H-4 EAD Eligibility
- •H-1B spouse must maintain valid status
- •I-140 must remain approved (not revoked)
- •H-4 status must be valid
- •File renewals on time
- •Update address with USCIS
- •Report any status changes
- •Track H-1B spouse's case progress
Common H-4 EAD Issues
Processing Delays:
• No premium processing option
• Can cause work gaps
• Plan ahead with early filing
Status Issues:
• If H-1B spouse loses status, H-4 EAD affected
• Job changes by H-1B spouse can impact
• Divorce terminates H-4 status and EAD
I-140 Issues:
• Revocation ends eligibility (with exceptions)
• Employer withdrawal can be problem
• Track I-140 status carefully
Why Mission Viejo Families Choose Us
• We evaluate H-4 EAD eligibility carefully
• Arabic-speaking staff explain requirements clearly
• We prepare complete applications to avoid delays
• We track processing and respond to requests
• We coordinate with H-1B spouse's case
• We advise on maintaining eligibility
FAQFrequently Asked Questions
Q:My spouse's I-140 was approved but we changed employers. Am I still eligible?
A: Likely yes. The I-140 approval from the previous employer can still qualify you for H-4 EAD, even if your spouse now works for a different employer. The key is that an I-140 was approved at some point - it doesn't need to be with the current employer.
Q:How long is H-4 EAD valid?
A: H-4 EAD validity typically matches your H-4 status validity, up to a maximum of 2 years. It cannot extend beyond your authorized H-4 stay. You'll need to renew it along with H-4 status extensions.
Q:Can I work while my H-4 EAD application is pending?
A: Not for an initial application - you must wait for the EAD card to arrive. However, for renewals, if you filed before your current EAD expired, you get an automatic 180-day extension and can continue working with your expired EAD plus the receipt notice.
Q:What if my H-1B spouse's employer revokes the I-140?
A: If the I-140 is revoked, your H-4 EAD eligibility may be affected. However, if the I-140 was approved for at least 180 days before revocation, or if revocation is not for fraud, you may retain eligibility. This is a complex area - consult an attorney.
Q:Can I get premium processing for H-4 EAD?
A: Unfortunately, no. Premium processing is not available for H-4 EAD applications. This is why processing times can be long and unpredictable. Plan ahead and file early to avoid work authorization gaps.
Q:What happens to my H-4 EAD if we get divorced?
A: If you divorce your H-1B spouse, you lose H-4 status and your EAD becomes invalid. You would need to change to another status (if eligible) or depart the U.S. The EAD is dependent on maintaining the H-4 spousal relationship.
Need H-4 EAD Assistance?
If you're an H-4 spouse looking to obtain work authorization, contact us to evaluate your eligibility and prepare a strong application.