Yes, you can start working and get your Social Security Number (SSN). Because you have an approved, unexpired Employment Authorization Document (EAD), you are authorized to work, even while your I-539 extension is still pending.
“I received my first-time H4 EAD card, but my H4 I-539 extension is still pending. Can I get my SSN and start working?”
Summary
You can cross this worry off your list: your approved EAD stands on its own as proof that you can lawfully work right now.
Read the full explanationHide the full explanation
Using an EAD with a pending I-539
USCIS policy generally states that they will not make a decision on your work permit (Form I-765) until after they adjudicate your H4 extension (Form I-539). However, because USCIS already approved and issued your EAD, it is valid for use.
You are authorized to work through the expiration date printed on the EAD. You can present this card to your employer to prove your right to work.
You asked if a future denial of your pending I-539 would retroactively invalidate the work you do now. The official rules do not explicitly address whether a future I-539 denial triggers an EAD revocation. However, no official rule indicates that work performed under a facially valid, approved EAD is retroactively invalidated.
Next steps
Your approved EAD directly unlocks both your ability to work and your SSN.
Show your EAD to your employer
Begin employment by presenting your approved EAD (Form I-766) to your employer. This card serves as your primary proof of work authorization for the Form I-9 verification.
Wait 14 days for your SSN to arrive
If you requested an SSN when you filed your Form I-765, the Social Security Administration (SSA) will automatically assign and mail your SSN card to you. You should receive it within 14 days of receiving your EAD.
Apply in person if it does not arrive
If you did not request an SSN on your application, or if it does not arrive after 14 days, go to a local SSA office. Bring your approved EAD to prove your identity and work authorization, along with your birth certificate or foreign passport to prove your age.
Legal sources
These are the exact rules that apply to your situation.
USCIS H-4 EAD Page
You must receive your EAD before you begin working, and you are authorized to work through the expiration date on the card.
You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. ... Generally, you are only authorized to work through the expiration date on your EAD.
USCIS H-4 EAD Page
USCIS policy states they will wait to decide on your I-765 until after adjudicating your I-539, though in your case the EAD was already issued.
However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both.
SSA POMS RM 10205.700
If you requested an SSN on your EAD application, SSA automatically assigns and mails the card, which should arrive within 14 days of receiving your EAD.
After SSA receives the enumeration data via the EBE interface, the enumeration system automatically assigns an original SSN or issues a replacement SSN card, as appropriate. ... SSA mails the card to the mailing address provided by the applicant on the USCIS application. ... Applicants should receive an SSN card after 14 days of receiving the DHS document.
SSA SSN and Immigrant Visas
If you do not receive your SSN card within 14 days, you can apply at a Social Security office using your EAD and a birth certificate or passport.
If you did not request an SSN card on your I-765... you can contact your local Field office... to apply for your SSN card AFTER you receive your Employment Authorization Document (Form I-766)... please have the following ORIGINAL documents with you... Your Form I-766 to prove your immigration status and that you can work in the U.S.... Your birth certificate to prove your age. If you do not have a birth certificate or you cannot obtain it in 14 business days, we may accept your foreign passport
This is general guidance, not legal advice. Confirm your specific situation with a licensed immigration attorney.
SettleKit is not a law firm. This information is for educational purposes and does not constitute legal advice.
Related answers
Join the SettleKit newsletter
We research the hard parts of settling in the US and write articles you will not find anywhere else. Subscribe to get each new article by email.