.png)
H1B, H4 and H4 EAD Concurrent Filing, Premium Processing and Processing Time
H1B, H4, and H4 EAD concurrent filing or H4 approval with H1 premium processing. Since January 2023, the U.S. Citizenship and Immigration Services (USCIS) has allowed H1B dependents, H4 visa holders, to apply for their H4 EADs (form I-765) and H4 visa applications concurrently with the H1B application (I-129) under the Edakunni Settlement.
This means that H4 visa holders can now apply for both their H4 visa and H4 EAD at the same time as the primary H1B petition. This change significantly reduced H4 EAD processing time to less than a month, allowing H-4 visa holders to start working in the US more quickly.
You can also file a status change to H4 and EAD together (without H1B), also known as concurrent filing. Edakunni settlement does not apply in this case. You can read this in detail here: H4 COS and EAD concurrent filing.
Edakunni settlement applies to L2 dependents as well, but these days L2 visa holders don't require EAD to work. You can read about L2S work authorization in more detail here.
Between 2015 and January 2023, the process for obtaining an H4 visa and an H4 EAD was a two-step process.
First, the H4 applicants would have to apply for an H4 visa.
Once they receive the H4 visa, they can apply for an H4 EAD.
Related: H1B grace period after layoffs
The two-step process could take several months and often cause significant delays for H4 visa holders who want to start working in the US. When H4 and H4 EAD applications are filed separately, the H4 processing time to approve both applications could take up to 6 to 11 months, depending on the service center backlog, and sometimes even longer.
Table of Contents: H1B, H4 and H4 EAD Concurrent Filing and Processing Times
Edakunni Settlement
As per the Edakunni Settlement, USCIS will concurrently adjudicate H4 and H4 EAD applications with the principal's H1B (I-129) petition if they are filed together as a bundle.
The term "Bundle" refers to the USCIS processing multiple forms together as a package. The term "properly filed together" means packaged together and filed at the same time and in the same location, consistent with USCIS form instructions.
If the H4 and H4 EAD applications were submitted separately or after the principal's H1B petition, the Edakunni settlement will not apply to your case. Reference: Forbes
H4 EAD Processing Time
The above processing time is specifically for H4 EAD standalone applications (not filed with the H4 COS, I-539 application).
Currently, four service centers process H4 EAD applications and the following date ranges are mostly being processed. We recommend you check USCIS case processing time for more detailed information.
You can also concurrently apply for H4 EAD and the H4 status change (I-539). Its processing time is discussed separately in the upcoming section.
If you have a valid reason, you can also request expedited requests to speed up the EAD process.
Service Center Codes
You can find the service center by the state from where you are applying or by the application receipt number. Or, you can refer to the first three letters of your H4 EAD application receipt number.
WAC – Western Adjudication Center (California Service Center)
SRC – Southern Regional Center (Texas Service Center)
LIN – Lincoln Service Center (Nebraska Service Center)
EAC – Eastern Adjudication Center (Vermont Service Center)
Related: How to apply for H4 EAD?
H4 EAD Premium Processing
As of Sept 2024, there is no H4 EAD premium processing service offered by USCIS. However, EAD premium processing is available for certain F-1 visa categories including (C)(3)(A), (C)(3)(B), or (C)(3)(C), with a premium processing fee of $1,685 and processing time of 30 days.
It's important to note that H4 EAD does not fall within these eligible categories. The category for H4 EAD (Employment Authorization Document) is (C)(26) on the I-765 form.
However, you can still get H4 EAD within 15 days if your employer properly files an H1B extension/transfer (I-129) with premium processing along with an H4 visa application and H4 EAD, all bundled together as per Edakunni Settlement explained earlier.
You need to file the H1B extension/or transfer, H4 (COS), and H4 EAD concurrently with H1B (I-129) premium processing in the same package at the same time, in the same location, and generally, all three requests (H1B, H4, and H4 EAD) should be approved within 15 days if there is no RFE, and usually, H4 EAD is dispatched within 10 days. The fee for Form I-129 premium processing is $2,805.
Related: Indian passport renewal in the USAÂ
H4 EAD Eligibility
It is important to note that not all H4 visa holders are eligible for an H4 EAD. To be eligible for H4 EAD, the H-4 visa holder's spouse must have a valid H1B status and either:
Have an approved Form I-140, Immigrant Petition for Alien Worker, or
They are in the sixth year of their H1B status and have a pending Form I-140.
The H4 visa is a non-immigrant visa that allows spouses and dependent children (under 21) of H1B visa holders to enter and stay in the United States.
Related: H1B options after layoffs
While H4 visa holders are not allowed to work in the US directly, they can apply for work authorization through the H4 EAD application under (c)(26) category.
It's important to note that you cannot apply for H4 EAD from outside the US. You must be physically present in the US to submit the H4 EAD application.
H1, H4 and H4 EAD Concurrent Filing
Note that you can not file an H1B petition yourself so the following steps apply only when your (H1B) employer is willing to file an H1B extension/amendment/transfer (I-129), H4 visa (COS, I-539), and H4 EAD (I-765) together.
On January 25, 2023, U.S. Citizenship and Immigration Services (USCIS) resumed the practice of adjudicating Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) for H-4 and L-2 derivatives in conjunction with the underlying I-129 for the principal applicant, allowing for concurrent filings.
The initial step involves preparing the I-129 application for the primary H1B visa holder, whether it's a renewal, amendment, or transfer.
If the H-1B visa holder's dependents are also seeking H-4 visas, their change of status applications (I-539) should be filed concurrently with the primary H1B application (applying within the US). If dependents are coming from India, it would be a DS-160 form, not a change of status.
Additionally, the Form I-765, Application for Employment Authorization, should be submitted together with the H-4 visa application. This form is used to apply for an H-4 EAD. Ensure that you include the required filing fees and other supporting documentation, such as a copy of their passport, I-94, and marriage certificate, which are similar to the documents needed when applying for H4 EAD for the first time.
USCIS will process both the H-1B (I-129) and H-4 visa (I-539) applications simultaneously. If the H-4 change of status is approved without any RFEs, USCIS will then proceed to process the H-4 EAD (I-765) application.
Upon approval of the H-4 EAD application, USCIS will issue an Employment Authorization Document (EAD) to the H-4 visa holder. The H-4 EAD is typically valid for the same duration as the H-4 visa.
For faster processing, consider requesting premium processing for I-129 to speed up the overall process.
Related: B1/B2 visa for parents'
H4 EAD Expedite Request
An H4 EAD expedited request is a formal appeal submitted to the U.S. Citizenship and Immigration Services (USCIS) to accelerate the processing of an H4 Employment Authorization Document (EAD) application. There are no fees for this request. You can read about how to expedite the H4 EAD application in detail here.
The expedited request is different from USCIS premium processing for which you pay an upfront fee. Expedite requests are typically made in cases of urgent humanitarian circumstances or severe financial loss to the applicant or their employer. You can read about the reasons to expedite here.
The expedited request must be supported by strong evidence and documentation, clearly proving the urgency and necessity for an expedited request. You can find the expedited request sample letters here.
USCIS evaluates each request on a case-by-case basis and may approve the expedited request if the provided evidence meets the criteria for expedited processing.
However, it is essential to note that expediting the H4 EAD application is not guaranteed, and USCIS has the sole discretion to approve or deny the request based on the merits of each case.
Change of Status to H4 Processing Time (with EAD)
The above processing time specifically applies if you are applying for a change of status to H4 with I-765 (which is used to file EAD) within the United States. Currently, the following date ranges are mostly being processed.
Change of Status to H4 Processing Time (without EAD)
The above processing time specifically applies if you are applying only for a change of status to H-4, without including the I-765 application for EAD. Currently, the following date ranges are mostly being processed.
H4 Visa Processing Time (DS-160)
If you are applying for an H4 visa for your dependent's first time entering the US, then similar to a B2 tourist visa, you will need to fill out the DS-160 form. The good news is that the interview wait time for an H4 visa interview is much shorter than that for a B2 tourist visa.
H4 visa processing time for applications based on DS-160 (first visit to the US) can range from 2 to 6 weeks depending upon how quickly you get the appointment. Below are the appointment wait times for the H visa type in various cities in India:
FAQs on H4 EAD Concurrent Filing Processing Time
How does Edakunni Settlement affect H4 and EAD premium processing?
The Edakunni Settlement means that if you applied for H4 (COS, I-539) and H4 EAD (I-765) along with the primary H-1B application (I-129), USCIS will review them together.
But if you filed H4 and H4 EAD separately or after the H-1B, this rule doesn't apply. It's a good idea to submit all the applications together under I-129 premium processing to get the benefit of this rule.
Can I work for any employer without a sponsorship requirement or start a business with my H4 EAD?
With an H-4 EAD, you have the freedom to work for any employer in the US in a job that's legally allowed. Starting a business with H4 & H4 EAD is possible. However, it won't change your status. You're subject to H-4 restrictions, including not working without H-4 EAD.
Do H4 and H4 EAD get approved together?
No. First USCIS adjudicates the H4 application, once the H4 application is approved H4 EAD will be processed. While they are related, approval of the first does not guarantee approval of the other.
Can I apply for H4 and EAD at the same time?
Yes, you can file H4 and EAD simultaneously if you are converting from another visa to an H4 visa within the US via a change of status (I-539).
No, you cannot apply together if you are applying from outside the US. You have to get an H4 visa first and be physically present in the US to apply for H4 EAD.
Can you apply for H4 and EAD together?
No if applying outside the US, and yes if applying within the US.
How much is the H4 processing time with the H1B premium under the Edakunni Settlement?
Processing time is 15 days, with a fee of $2,805, which is used for I-129 premium processing.
What is the average H4 visa processing time?
The H4 visa processing time for applications based on DS-160 (for the first entry into the US) can vary from 2 to 6 weeks. However, if you are applying for a change of status (Form I-539) within the US, it is taking 3.5 to 8 months for 80% of cases, as of Sept 2024.
You can more precisely check the USCIS case processing time here. Alternatively, if you opt for concurrent filing with an H1B petition under premium processing, the H4 processing time will be significantly reduced (Edakunni Settlement).
Is it possible to do an H4 extension with H1B premium processing?
Yes. You can file an H4 extension with the primary H1B application under premium processing.
Is H4 change of status premium processing available?
No, you can not apply for a change of status (Form I-539) to H4 using premium processing.
Is there H4 EAD premium processing?
No, there is no H4 EAD premium processing but you can submit an expedited request for H4 EAD. The EAD premium processing option is only available for F1 visa categories.
Can H4 EAD be filed online?
No, the c(26) category which is used for filing H4 EAD is not eligible for submitting the I-765 form online for the Employment Authorization Document (EAD) application.
What is the current H4 to EAD processing time?
As processing time keeps changing it's recommended to check USCIS case processing time here, you can also read about H4 COS and EAD concurrent filing in detail here.
Can the H1B amendment used for H1B, H4, and EAD concurrent filing?
Yes, an H-1B amendment can be used for concurrent filing of H-1B, H-4, and Employment Authorization Document (EAD) applications.
I don't have a pending H1B extension or transfer. What should I do in that case?
If there are significant changes in your employment details, such as a promotion, change in role, or change in duties, you can apply for an H1B amendment, which will update the LCA and Form I-129. Along with the H1B amendment, you can file H4 and EAD requests as well as a bundle.