H-4 dependant + EAD eligibility under 8 CFR 214.2(h)(9)(iv)

Build an H-4 + H-4 EAD strategy for [H4_SPOUSE_NAME] (spouse of [H1B_PRINCIPAL_NAME], H-1B year [PRINCIPAL_H1B_YEAR], principal I-140 status: [PRINCIPAL_I140_STATUS], priority date: N/A).

§1 — H-4 STATUS FRAMEWORK (90-110 words)
8 CFR §214.2(h)(9)(iv) extends H-classification to dependent spouse + unmarried children under 21 of H-1B/H-2A/H-2B/H-3 principal. H-4 status:
  • Filed via Form I-539 (Application to Extend/Change Nonimmigrant Status) — separate from principal I-129
  • Validity matches principal H-1B (cannot exceed)
  • Allows residence + study (any level, public or private)
  • Does NOT independently permit employment
  • Spouse + children must obtain individual H-4 visa stamps at US consulate if entering from abroad
Common Indian-cohort path: principal stamps H-1B in India at [CONSULATE], spouse + kids stamp H-4 simultaneously.

§2 — H-4 EAD ELIGIBILITY (110-140 words)
2015 final rule (80 FR 10283) created Form I-765 c(26) employment authorisation for H-4 spouses where principal has reached one of:
  (a) Approved Form I-140 in EB-1/EB-2/EB-3 category (most common Indian-cohort trigger), OR
  (b) AC21 §106(a) extension beyond the 6-year H-1B max (i.e., 365+ days have passed since labor certification or I-140 filing, allowing 1-year H-1B extensions)
Status check for [H1B_PRINCIPAL_NAME]:
  • Principal I-140 status: [PRINCIPAL_I140_STATUS]
  • Principal H-1B year: [PRINCIPAL_H1B_YEAR]
  • If I-140 approved → eligible
  • If H-1B at year 7+ (AC21 §106(a)) → eligible
  • If neither → NOT eligible (cannot work in US on H-4)

§3 — I-765 c(26) APPLICATION (90-120 words)
File concurrent with H-4 extension OR after H-4 already approved:
  • Form I-765 + I-765 worksheet
  • Filing fee: USD 520 [VERIFY] (post Apr 2024 fee schedule)
  • Biometrics: spouse-side fingerprints (USD 85)
  • Supporting evidence:
    - Marriage certificate
    - Spouse passport + H-4 I-94
    - Principal H-1B approval notice
    - Principal I-140 approval notice OR evidence of AC21 §106(a) eligibility
    - Photos (2)
  • Processing: 4-7 months typical; premium processing NOT available for I-765 c(26)
  • Subsequent renewals: file 6 months before EAD expiry

§4 — H-4 EAD VULNERABILITY (60-80 words)
The H-4 EAD rule was challenged in Save Jobs USA v. DHS — final D.C. Circuit decision upheld the rule (2023). However, rule is administrative not statutory, and future rulemaking could rescind. Indian H-1B + I-140 spouse families building career plans on H-4 EAD should factor in revocation contingency. Independent H-1B sponsorship for spouse remains the safer long-term path.

§5 — TRAVEL + RE-ENTRY (50-70 words)
H-4 status holders:
  • Need valid H-4 visa stamp for re-entry
  • H-4 EAD allows work in US but doesn't substitute for visa stamp
  • Visit to home country = potential 221(g) administrative processing
  • Principal H-1B revalidation in India ([CONSULATE]) at same trip = optimal logistics

§6 — POST-PR TRANSITION (30-50 words)
Once principal I-485 (Adjustment of Status) is approvable + filed, [H4_SPOUSE_NAME] becomes derivative beneficiary, files concurrent I-485 + I-765 c(9) EAD. Indian EB-2 backlog: priority date N/A — verify movement against Visa Bulletin Final Action Dates table.

End with: "DRAFT H-4 + EAD PLAN — for U.S. immigration attorney review. H-4 EAD eligibility is derivative — track principal's I-140 + AC21 status carefully. If principal's I-140 is pending or denied, the H-4 EAD application will be denied or revoked."