You can use an approved, unexpired Employment Authorization Document (EAD) to prove to an employer that you are authorized to work and to obtain a Social Security Number (SSN). However, official rules state that USCIS will not make a decision on your Form I-765 until after they adjudicate your underlying Form I-539.
“I received my first-time H4 EAD card after my I-765 was approved, but my stand-alone H4 I-539 extension is still pending. Can I get my SSN and start working now, or do I need to wait for the I-539 approval?”
Summary
You can cross the SSN application off your list if you requested it on your Form I-765. You do not need to go in. The Social Security Administration mails the card to you after your EAD is approved.
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The rule on your I-765 and pending I-539
You asked if you can get your SSN and start working now, or if you need to wait for the I-539 approval. Having an Employment Authorization Document (EAD) is one way to prove that you are authorized to work in the United States for a specific time period.
However, your situation involves a pending Form I-539. According to official USCIS rules, they will not make a decision on your Form I-765 until after they have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status.
The approval of a Form I-765 does not grant you an immigration status. It simply provides authorization to work and serves as evidence of that authorization.
Next steps
If you have an approved and unexpired EAD, here is how the process works for employment and your SSN:
Present your EAD to your employer
You can use your unexpired EAD to begin working. The card itself is proof that you are authorized to work in the United States for the specific time period listed on it.
Wait 14 days for your SSN card
If you requested an SSN on your Form I-765, you should receive your SSN card in the mail after 14 days of receiving your EAD.
Apply in person if your card does not arrive
If you do not receive your SSN card after 14 days, contact your local Social Security office. You will need to bring original documents, including your EAD to prove your work authorization, and your birth certificate or a foreign passport to prove your age.
Legal sources
These are the official rules and policies governing your EAD and SSN:
Employment Authorization for Certain H-4 Dependent Spouses | USCIS
USCIS will not decide on your Form I-765 until after they adjudicate your Form I-539 and determine your eligibility for H-4 status.
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.
Chapter 4 - Adjudication
An approved Form I-765 provides work authorization but does not grant you an immigration status.
The approval of Form I-765 does not grant the alien an immigration status; it simply provides authorization to work and accompanying evidence of such authorization, or evidence of authorization to work where an alien is already authorized to work by virtue of the alien’s immigration status or circumstance.
Employment Authorization Document | USCIS
An EAD is a way to prove to an employer that you are authorized to work in the United States for a specific period.
Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period.
Social Security Numbers and Immigrant Visas
If you do not receive your SSN card after 14 days, you can contact a Social Security office and must bring original documents like your EAD and birth certificate or foreign passport.
If you do not receive your SSN card within 14 days after receiving your immigration document, contact your local field office.
Social Security Numbers and Immigrant Visas
When applying for an SSN in person, you must provide your EAD to prove work authorization and a birth certificate or foreign passport to prove your age.
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 Form I-551 or Permanent Resident Card (PRC) to prove your immigration status.. - or * Your Form N-400 or Certificate of Naturalization to prove you have been naturalized to a U.S. Citizen. * 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 information, not legal advice. Consult a licensed immigration attorney to confirm how these rules apply to your specific situation.
SettleKit is not a law firm. This information is for educational purposes and does not constitute legal advice.
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