You can use your approved Employment Authorization Document (EAD) to start working and to get your Social Security number. However, USCIS officially states that they do not approve an EAD application until after they make a decision on your underlying H-4 extension.
“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. Social Security relies on your EAD card itself to prove your status and your right to work.
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How your EAD and H-4 extension connect
You asked if you can get your Social Security number (SSN) and start working while your Form I-539 extension is pending. You can use your approved EAD to prove your right to work. However, your situation conflicts with standard processing rules.
Officially, USCIS states they will not make a decision on your Form I-765 (your EAD application) until after they adjudicate your Form I-539 to determine if you are eligible for the underlying H-4 status.
For your SSN, the Social Security Administration (SSA) accepts your EAD (Form I-766) as proof of your immigration status and your authorization to work in the U.S. Because the EAD is the more recently issued document, SSA relies on it as evidence of your current lawful status.
Next steps
Once you have your valid EAD in hand, you can take these steps.
Wait 14 days for your SSN in the mail
If you requested a Social Security number on your Form I-765, Social Security mails the card to you automatically. You should receive it no later than 14 days after you receive your EAD.
Apply in person if needed
If you do not receive your SSN card within 14 days, or if you did not request one on your application, go to a local Social Security office. Bring your original EAD to prove your status and work authorization. You also need to bring your original birth certificate or your foreign passport to prove your age.
Show your EAD to your employer
Present your approved EAD to your employer as proof that you are authorized to work in the United States.
Legal sources
The rules for H-4 EAD processing and Social Security evidence come directly from USCIS and the Social Security Administration.
USCIS H-4 EAD Guidance
USCIS will not decide on your Form I-765 until after they adjudicate your Form I-539 extension.
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 10211.420
Social Security relies on the EAD as evidence of your current lawful status because it is the most recently issued document.
Since the EAD is the more recently issued evidence, the EAD may be relied on as evidence of the alien's current lawful alien status.
SSA Immigrant Visas Guide
You can use your EAD to prove your immigration status and work authorization when applying for a Social Security number.
Your Form I-766 to prove your immigration status and that you can work in the U.S.,
SSA Immigrant Visas Guide
If you requested an SSN on your work authorization application, it should arrive within 14 days of receiving your EAD.
We will mail your SSN card separately to the address you listed on your application. You should receive your SSN card no later than 14 days after receiving your EAD.
SSA Immigrant Visas Guide
If you do not receive your SSN card within 14 days, you can apply at a Social Security office using your EAD and proof of age.
If you do not receive your SSN card within 14 days after receiving your immigration document, contact your local field office. When you contact a Social Security office to apply for an SSN card, please have the following ORIGINAL documents with you (we do not accept photocopies or notarized documents): Your Form I-766 to prove your immigration status and that you can work in the U.S., - or 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
SettleKit is not a law firm. This is general information, not legal advice. Confirm your specific situation with a licensed immigration attorney.
SettleKit is not a law firm. This is general information, not legal advice. Confirm your specific situation with a licensed immigration attorney.
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