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H4 COS (Change of Status) and EAD Concurrent Filing with Processing Times
Updated: Jun 19
Twenty eligible EAD categories can file Form I-765 concurrently with the Change of Status (COS) Form I-539. Category (c)(26), used to file for an H4 EAD, is one of them. Filing of Forms I-539 and I-765 together is also known as concurrent filing.
If you are looking to apply for a change of status to H4 from another visa along with an H4 EAD application within the US, this blog will be helpful for you.
Table of Contents: H4 COS and EAD Concurrent Filing
Concurrent Filing Eligibility
Note that you cannot concurrently file Form I-765 with all USCIS forms; below, we have provided the list of all the eligible categories and forms/applications with which an I-765 can be filed concurrently.
Concurrent Filing Eligibility Categories | Category Description | What is the petition/application with which an I-765 may be concurrently filed? |
(a)(9) | Nonimmigrant spouse of a U.S. citizen, or their dependent (K-3 or K-4 visa) | I-539 |
(a)(12) | TPS granted | I-821 |
(a)(15) | V-1, V-2, V-3 nonimmigrant | I-539/I-539 Supp. A |
(a)(17) | Spouse of E-1/2/3 (Treaty trader/investor/Australian specialty worker) | I-129/I-539 or I-539 |
(a)(18) | Spouse of L-1 (Intracompany transferee) | I-129/I-539 or I-539 |
(a)(20) | U-2, U-3, U-4, U-5 nonimmigrant | I-918/I-918A |
(c)(6) | M-1 Post-Optional Practical Training for Vocational Students | I-539 |
(c)(9) | Pending adjustment applicants | I-485 |
(c)(9)(P) | Pending adjustment applicants requesting a combo card (requires separate fees) | I-485 w/ I-131 |
(c)(10) | Suspension of Deportation or Special Rule Cancellation of Removal under NACARA 203 | I-881 |
(c)(14) | Deferred Action Granted | I-918/I-918A/I-360 |
(c)(16) | Sec. 249 Registry Applicant | I-485 |
(c)(17)(i) | B-1 Domestic Servant of Nonimmigrant Employer | I-539 |
(c)(17)(ii) | B-1 Domestic Servant of USC | I-539 |
(c)(19) | TPS Pending | I-821 |
(c)(25) | T-2, T-3, T-4, T-5, T-6 Nonimmigrant | I-914/I-914A |
(c)(26) | H-4 Spouse of an H-1B nonimmigrant | I-129/I-539 or I-539 |
(c)(33) | Deferred Action for Childhood Arrivals (DACA) Recipient | I-821D w/ I-765W |
(c)(35) | Principal Applicant - Compelling Circumstances | I-765 for dependent spouse or child (c)(36) |
(c)(36) | Dependent applicant of a (c)(35) | I-765 for principal applicant (c)(35) |
Form I-539 and I-765 Concurrent Filing
Dependents of H1B visa holders who want to change status to H4 can file Forms I-539 (COS or Extension) and I-765 (EAD application) concurrently. However, USCIS rules frequently change, so it's important to verify the current eligibility criteria.
To confirm this, you can visit the USCIS website and look for the (c)(26) category. You will notice that for H4, Spouse of an H1B nonimmigrant under (c)(26) category are eligible to file Form I-765 concurrently with:
Form I-129/I-539 - Petition for a Non-immigrant Worker / Change of Status or Extension
Form I-539 - Change of Status or Extension
I have previously explained filing Forms I-129/I-539 and I-765 earlier under the Edakunni Settlement in the previous blogs. You can read that in detail here.
H4 COS and EAD Concurrent Filing
To file H4 COS and EAD concurrently, you need to complete Forms I-539 and I-765 with all the required fees and supporting documents (for both applications).
According to USCIS, if you are filing Form I-765 with Form I-539, Application to Extend/Change Status, then file both forms according to the Form I-539 instructions.
You must complete Form I-539A for each dependent you want to include on your application.
[Recommended] Include a cover letter clearly stating that you are filing H4 COS and EAD concurrently, it will help the USCIS officer to understand your request quickly.
You can file this yourself, there is no need for a lawyer.
After the forms are ready and signed, along with the necessary fees and documents, mail them to the following I-539 addresses. Double-check the address before mailing, as it might change in the future. USPS will be the cheapest option.
H4 COS and EAD Concurrent Filing | Concurrent Filing address |
File with the USCIS Dallas Lockbox if the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, (approving their Form I-129) begins with EAC, LIN, or MCT. | USCIS Dallas Lockbox U.S. Postal Service (USPS): USCIS Attn: H4 P.O. Box 660921 Dallas, TX 75266-0921 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 660921) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 |
File with the USCIS Phoenix Lockbox if the receipt number of your H-1B principal spouse’s most recent Form I-797, Notice of Action, (approving their Form I-129) begins with WAC, SRC, or IOE. | USCIS Phoenix Lockbox U.S. Postal Service (USPS): USCIS Attn: H-4 P.O. Box 20400 Phoenix, AZ 85036-0400 FedEx, UPS, and DHL deliveries: USCIS Attn: H4 (Box 20400) 2108 E. Elliot Rd. Tempe, AZ 85284-1806 |
Cover Letter for H4 COS and EAD Concurrent Filing
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
USCIS
Attn: [Appropriate USCIS Service Center]
[Service Center Address]
[City, State, ZIP Code]
Subject: Concurrent Filing for H-4 Change of Status (COS) and Employment Authorization Document (EAD)
Dear Sir/Madam,
I am writing to submit my concurrent application for a Change of Status (COS) to H-4 and for an Employment Authorization Document (EAD), as the spouse of an H-1B visa holder. Please find enclosed the following documents in support of my application:
Cover Letter
Form I-539, Application to Extend/Change Nonimmigrant Status.
Form I-765, Application for Employment Authorization.
Required Fees
Copies of my passport, including the biographical page and visa stamp.
Copy of Form I-94, Arrival/Departure Record.
Copies of my spouse’s H-1B approval notice (Form I-797) and Form I-94.
Copy of our marriage certificate as proof of relationship.
Two passport-sized photographs as required.
[Any other relevant documents specific to your case]
I kindly request that these applications be processed concurrently. My spouse’s details are as follows for your reference:
Full Name: [Spouse’s Full Name]
Date of Birth: [Spouse’s Date of Birth]
H-1B Approval Notice Number: [Spouse’s H-1B Approval Notice Number]
Please find the relevant filing fees for both applications attached. If any further information or documentation is required, please do not hesitate to contact me via the above-mentioned email or phone number.
Thank you for your attention to this matter. I look forward to your favorable response.
Sincerely,
[Your Full Name]
H4 COS and EAD Concurrent Filing Fee
The total fee for H4 EAD and change of status concurrent filing is $990, comprising a $470 fee for Form I-539, which covers all included dependents, and an additional $520 fee for Form I-765.
You can pay this fee using a personal check payable to the 'U.S. Department of Homeland Security'. You should write two separate checks when submitting your application:
One check for Form I-539 ($470).
Another check for Form I-765 ($520).
Note that as of October 1, 2023, the $85 biometric fee requirement has been removed. As these fees might change in the future, you can confirm the fee using the USCIS fee calculator.
Sample Check
Documents Required for H4 COS and EAD
These are the supporting documents needed for H4 COS (I-539) and EAD (I-765) concurrent filing:
For Form I-539
Completed and signed Form I-539
Check of $470 (fee covers all dependents, if any)
Applicant's latest I-94
Applicant's passport and visa stamp copy
Applicant's current status proof (I-797 approval notices, if any)
Applicant's marriage certificate / Birth Certificate (for a dependent child, if any)
Marriage pics
Primary H1B documents
Copy of H1B (I-797) approval notices
Latest I-94
Latest pay stubs (3 months)
Passport and visa copy
For Form I-765
Completed and signed I-765 form
Check of $520
Two passport-size photos
If Applicable
Include Form I-539A for dependents
Waiver documents for applicants subject to 2-year home residence, 212(e) under J-1 or J-2 status
Previous EAD (if previously held F-1 OPT, J-2 or L-2, etc. status)
How to Complete Form I-539 and I-765
Simply follow these USCIS links for instructions; that's the best and most accurate way to fill out these forms. As mentioned earlier, the Filing addresses will be the same I-539 application.
H4 COS and EAD Processing Times
The following table shows the current processing time for H4 EAD filed with the change of status for various service centers. These processing times are based on USCIS processing times. You can bookmark or save this page as these times are frequently updated.
FAQs on H4 COS and EAD
How can I switch from an H1B visa to an H4 status and obtain an H4 EAD without experiencing a gap in work authorization?
File Simultaneously: Submit Form I-539 (Change of Status to H4) and Form I-765 (H4 EAD) concurrently.
Request a Future Start Date: On Form I-539, specify a future start date for your H4 status, aligning with the end of your H1B status.
Continue Working on H1B: Work for your H1B employer until your H4 status is approved. Start working on your H4 EAD only after approval.
Plan for Processing Times: Apply early to account for USCIS processing times and avoid any work authorization gap. Expect 3.5 to 7.5 months of processing time.
Can I apply for an H4 change of status in premium processing?
No, you can not apply for an H4 change of status in premium processing.
USCIS recently updated this page, earlier it was showing the H4 category as well but now it has been removed. I-539 premium processing is valid for change of status to F-1, F-2, M-1, M-2, J-1, or J-2 only.
Is there any premium processing for H4 EAD?
No, there is no premium processing service for H4 EAD applications.
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