Yes, you can get your Social Security number (SSN) and start working immediately using your approved Employment Authorization Document (EAD), even while your Form I-539 extension is still pending.
“I received my first-time H4 EAD card after it was approved, but my standalone H4 I-539 extension is still pending. Can I get my SSN and start working?”
Summary
You can cross this worry off your list. The Social Security Administration and your employer rely on the validity dates printed on your unexpired EAD, so your pending status extension does not block you.
Next steps
Your approved EAD independently satisfies the rules for both the Social Security Administration (SSA) and your employer. Here is how to move forward.
Receive your physical EAD
You must wait for your physical EAD (Form I-766) to arrive in the mail.
Obtain your SSN
If you requested an SSN on your Form I-765 application, SSA automatically mails your card to you. You should receive it 14 days after receiving your EAD. If you did not request one or it does not arrive, you can apply in person at an SSA field office. When your status extension is still processing, SSA rules explicitly state that a valid EAD serves as the most recent evidence of your lawful status and employment authorization. If you present a valid EAD, SSA will process your request for an employment-authorized SSN card.
Begin employment
You can start working by presenting your unexpired EAD to your employer. The validity period printed on the face of your EAD defines the exact dates you are authorized to work in the United States. You are authorized to work through the expiration date on your EAD, regardless of your pending Form I-539.
Legal sources
These are the exact rules from the Social Security Administration and U.S. Citizenship and Immigration Services that govern your situation.
USCIS H-4 EAD Guidance
You are authorized to work until the expiration date printed on your EAD.
Generally, you are only authorized to work through the expiration date on your EAD.
SSA POMS RM 10211.510
SSA will issue an employment-authorized SSN card if you present a valid EAD while your status change or extension is pending.
If an alien alleges DHS employment authorization while the change of status request is being processed, ask to see the DHS issued EAD and follow these procedures: * • If the alien presents a valid EAD, process the request for an employment authorized SSN card.
SSA POMS RM 10211.420
The dates printed on your EAD define when you are allowed to work.
The validity period, shown on the face of the document (e.g., EAD or Form I-20), defines the dates the non-immigrant may work in the U.S.
SSA POMS RM 10205.700
If you applied for an SSN with your EAD application, it should arrive 14 days after your EAD.
Applicants should receive an SSN card after 14 days of receiving the DHS document.
SettleKit is not a law firm and this is general information, not legal advice. Confirm your specific situation with a licensed immigration attorney.
SettleKit is not a law firm and this is general information, not legal advice.
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