Do I Receive an I-797 for Approval of I-765 H4 EAD?

Question from S, Do I Receive an I-797 for Approval of I-765 H4 EAD?

Answer from AI:

When you apply for an H4 Employment Authorization Document (EAD) using Form I-765, you will receive different types of notices from the United States Citizenship and Immigration Services (USCIS). Understanding these notices is crucial for ensuring you have the correct documentation for employment purposes.

Types of I-797 Notices

USCIS issues several types of Form I-797 notices, each serving a different purpose:

• I-797, Notice of Action: This is the official approval notice for various immigration benefits, including the H4 EAD.
• I-797C, Notice of Action: This is a receipt or informational notice. It is not an approval notice but can serve as proof that your application has been received or that certain actions have been taken on your case.

What You Receive for H4 EAD Approval

When your Form I-765 for an H4 EAD is approved, you will typically receive:

1. I-797, Notice of Action: This is the official approval notice indicating that your EAD application has been approved.
2. EAD Card: The actual Employment Authorization Document, which you will use to prove your eligibility to work in the United States.

Is I-797C Sufficient for Employment Purposes?

No, the I-797C is not sufficient for employment purposes. The I-797C is generally a receipt notice or an informational notice and does not serve as proof of employment authorization. For employment purposes, you need:

• The actual EAD card, which serves as proof of your authorization to work in the United States.
• The I-797 approval notice (I-797, Notice of Action) can be useful for your records but is not typically required by employers.

Steps to Take if You Have Not Received Your EAD Card

If you have received an I-797 approval notice but have not yet received your EAD card, you should:

1. Check the status of your EAD card on the USCIS Case Status Online tool.
2. Contact USCIS if your EAD card has not arrived within a reasonable time after receiving the approval notice.

When to Consult a Legal Professional

If you encounter any issues or have specific questions about your H4 EAD application, it is advisable to consult with an immigration attorney. Legal professionals can provide personalized advice and help navigate any complications that may arise.

For more detailed information, you can refer to the USCIS Form I-765 page and the USCIS Form I-797 Types and Functions page.

Remember, while this information provides a general overview, it is always best to seek personalized legal advice for your specific situation.