Impact of EAD for H4 Work Permit rule


I’m back with another Podcast Show ( HSB010 ) and today’s topic is based on H4 work authorization Rule that was published by Department of Homeland Security last week.

I’m assuming that by now all H1B Visa holders should have  read the message about EAD for H4 Visa Work Permit Rule.

At end of the day, there are two kinds of family :

  • Happy H1B and H4 Family
  • Unhappy ( and Anxious ) H1B and H4 Family

Because of this H4 Work Permit Rule, I can think of 3 possible side effects (  I think all of them are positive effects ) and that’s what I have discussed in this episode.

Listen to The Show:


H4 Work Authorization – Show Notes

Here’s an overview of 3 side effects because of  H4 Work Authorization Rule approval

  1. Impact due to H1B Spouse’s Job
  2. Employer Applying for Green Card ( What happens if there’s delay )
  3. H1B Worker can quit the job to get I-140



  1. Manisha on October 2, 2017 at 10:30 AM

    Hi Raghu,

    I am on h4 visa status and my husband is on h1b. GC is on process and i140 is approved. I am a blogger and have my own website. Is it a problem if I continue to do so. TIA

    • Raghu on October 3, 2017 at 2:46 AM

      If you have H4 EAD then you would be eligible to earn from your blog.

  2. Dalit on October 24, 2016 at 12:07 PM

    Hi, I am on H1B and spouce is on H4. We should be filing for extension in Jan 2018. Can we file for the H4 work permit at that time, or only once my company starts my green card process?

    • Raghuram Sukumar on October 24, 2016 at 6:27 PM

      Refer to the conditions to apply for H4 EAD.

  3. riya on February 23, 2016 at 2:47 PM


    But i called the USCIS they are telling me if your employer allows than you can continue working if oyur EAd renewal is in process.Please advise.

    • Raghuram Sukumar on February 23, 2016 at 3:04 PM

      Better to get an Attorney’s “legal” opinion than asking here in comments.


  4. Jaya on August 12, 2015 at 11:41 AM

    Hello Raghu,
    My husband is on H1B got his I-140 approved with a valid visa until December 2016.
    My question:
    Is there any last date for applying EAD for H4 as of this year (2015) or we can apply at any time until H1B visa expires.

    Thanks and regards

    • Raghuram Sukumar on August 12, 2015 at 11:51 AM

      Visa is not related to EAD. Only I-94 dates. There’s no cap or time limit.

  5. Tracker2015 on July 4, 2015 at 3:56 PM

    I need to know can we file the H4 EAD with future dated H4 Approval Notice . This means as of now i am on L1 B Visa till End of August & i had filed the effective date of H4 Approval Notice is 1 September . So in this case as i am planning to file the Premium processing with my spouse H1 B Visa , i will getting my H4 Approval by first or second week of August .

    My question is that can i file my H4 EAD in August even though my H4 Approval Notice effective from 1 September.

    Please advice regarding the above case .

    Looking forward for kind co-operation in this regard.


    • Raghuram Sukumar on July 4, 2015 at 6:12 PM

      I don’t know the answer. Post it for Attorney.

  6. SAM on May 27, 2015 at 1:07 AM

    Hi, I am about to file H1B Extension as my visa is expiring in 2 months… once my employer files for H1B extn along with H4 extension for my wife. Can i apply for H4 EAD with I-797 reciept number or should i wait until my h1b approves… in which case it might take up to 3 months just to apply..

  7. Rita on May 24, 2015 at 8:40 PM

    HI Raghu, Am right now on H4 visa and my husband is on H1….waiting his employer to fIle the labour. I hve two questions. ..1. Can I get my h4 EAD after my husband’s I-140 or after 365 days of his labour approved (Priority date ). 2.If my husband change the company A to Company B after his I-140 with company A,what hapnd to my H4 EAD,can I continue to hve it or I hve to wait until he gets I-140 frm the new company B..

    • Raghuram Sukumar on May 25, 2015 at 2:59 PM

      Refer to previous articles for answers.

  8. kiran on May 19, 2015 at 5:03 PM

    Has any new form including H4 as a category in I-765 been released for filing the EAD application or do we use the already existing I-765 form? Also, is there any official information on the documents required to be sent along the application on the USCIS website?

  9. venkat0612 on May 15, 2015 at 1:20 PM

    Can h4 EAD continue the status without a job

    • Raghuram Sukumar on May 16, 2015 at 4:30 PM

      Yes they can.

  10. venkat0612 on May 15, 2015 at 1:20 PM

    Can H4 EAD stay without a job unlike H1 who can’t do right now?

  11. Sathya on May 7, 2015 at 9:27 PM

    These side effects are meaningless. They are side effects of being an H4 dependent on H1. The EAD has no side effects. I don’t understand what you are trying to say or prove here Raghu. Its a waste of time listening to this podcast. NOTHING USEFUL.

    Side Effect 1 – If H1-B person loses job, then H4 dependent also is going out of status regardless of EAD or not. As long as you are on a dependent VISA, this is the scenario. H1/H4, F1/F2, L1/L2 etc all fall in same category. So ur point is moot.

    Side Effect 2 – If H1-B company is not sponsoring green card fast, then the person is more likely to find a different job, regardless of H4-EAD or not. Every one wants GC as fast as they can. It has got nothing to do with spouses EAD.

    Side Effect 3- If you don’t like the job? has no imoact from spouse EAD. You can actually change jobs keep your H1-B valid and use you previous I-140 for spouses EAD to be valid. – Again u are misinformed and misguiding people.

    • Raghuram Sukumar on May 7, 2015 at 10:52 PM

      Hello Sathya – For 3rd reason, people changing jobs, why do you think Eb3 is still in 2004 when changing to eb2 is as easy as it sounds?

      What if current employer revokes i140?

      • Sathya on May 8, 2015 at 3:43 PM

        Raghu- Again, you are confused. Your point is not a side effect of H4 EAD. what’s EB3 still at 2004 got anything to do with changing jobs or EAD side effect?

        What if current employer revokes i140? – what iff?? i dont understand your point here either.

        My point is, if you are ok to be an H4, its great to have an EAD to work. No side effects PERIOD. Your side effect theory is misconstrued. Please clarify your points in detail for the benefit of others.

    • KS on June 20, 2015 at 10:38 PM

      I totally agree with you Sathya and Mr Raghu…please maintain decency in your podcast recording. Not be eating while you are recording

  12. Malathi on May 3, 2015 at 5:15 PM

    The side effects here are true for anybody working in any part of this planet. You have to be effective , hardworking and support your family no matter what. Only those people can achieve success. This is not side effect for just EAD. It is called life…
    The discussion here is jus meaningless and is misleading in a way that they have to think about hardwork and professional success only if they are o H1b.

    • Raghuram Sukumar on May 3, 2015 at 5:28 PM

      Thanks for commenting. Take this scenario for example : H1B worker stuck with a job and just getting along by doing the minimum because he or she can’t change jobs due to GC process. thee’s so many of them. Once yoy are beyond 5 to 6 years in same role and GC is not in sight, this is bound to happen for various reasons ( mean boss to less challenging job to lack of growth, etc). Now, with EAD for H4, they are under added pressure to perform or maintain the job.

      • Malathi on May 5, 2015 at 10:27 PM

        These so called people not happy with their jobs will be in the same or worse mental state , even if their spouses are not employed. By having 2 ppl provide for the family attests thefinancial stress is halved.
        Imagine. Getting paid very less and being in an unhappy job and not having the spouse employed. It is sad. Too.
        EAD for h4 cannot Bring any emotional satisfaction if the employee. Is unhappy at job. So instead of sulking. They can muster up some guts and be dedicated to their jobs.
        Anybody that is reading this post. Should not look at it in a negative way. If you think. That way then they should just pack their bags and leave. No visa or citizenship is aimed at people attaining Niravana.
        Any job requires the earning family member to suck it up and provide for their family. Doesn’t matter what country or visa. That’s the bottomline. You can either sulk at all these things or grow a pair and go to work.

  13. Shiva on April 23, 2015 at 1:59 PM

    I have I-140 apporved and am on H1B for the last 6 years. My employer is not willing to share my I-140. Can I apply for H4-EAD for my spouse myself without the approval copy of I-140? (for whatever reason my employer is not willing to file H4-EAD for my wife).

    • Raghuram Sukumar on April 24, 2015 at 6:18 AM

      Yes, you can apply.

  14. Deepika Balasubramanian on April 21, 2015 at 8:43 PM

    Excellent rendition on the H4 EAD. Your podcast above states that you shall be discussing more side-effects in your subsequent podcast. When can we expect that?

    Thank you, Deepika

  15. praveen on March 4, 2015 at 3:47 PM

    Nice analysis on H4 EAD

    • Raghuram Sukumar on March 4, 2015 at 8:36 PM

      Thanks Praveen.

      • KKK on March 13, 2015 at 3:30 PM

        Hi raghu ,

        My husband is on H1B since oct 2014 if his company files green card under EB2 and we receive the I 140 can i apply for EAD to work on H4?

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