H-4 EAD Delays Beyond 12 Months: What Applicants Should Do Now

If your H-4 Employment Authorization Document (H-4 EAD) has been sitting at USCIS for more than 12 months, you are no longer just “waiting in line.” You are in a serious delay that falls outside current 2025 processing patterns and needs active steps from you and, in some cases, from a lawyer. This guide walks you through the whole journey of an H-4 EAD case, shows where delays usually happen, and then explains what you can do when your case passes the 12‑month mark.

The focus here is on people whose H-4 EAD is already pending for a year or more, but the steps also help anyone planning a new filing or a future renewal. According to analysis by VisaVerge.com, cases stuck over 12 months are still rare in 2025, which means they often signal a problem that needs attention rather than just normal backlog.

Where H-4 EAD Processing Stands in 2025

USCIS reports that most H-4 EAD applications now finish in 2 to 8 months, with some stretching to 12 months at busy service centers. About 80% of applicants see decisions in around 6.4 months, based on national averages.

So when your case crosses the one‑year line, that is a strong sign that something unusual is going on.

Delays grew after the end of the Edakunni v. Mayorkas settlement on January 18, 2025. That deal had forced USCIS to process three related filings together: the H-1B petition on Form I-129, the H-4 status application on Form I-539, and the H-4 EAD application on Form I-765.

Once the settlement ended, many cases again started to move on separate tracks, and some H‑4 and H‑4 EAD files slowed down.

Why Long Delays Happen

Several common issues now cause H-4 EAD cases to sit for many months:

• Backlogs and staffing pressure: Some service centers carry heavy H-4 and H-4 EAD queues, and officers must also handle other case types.
• More complex reviews: Changes in work history, status gaps, or past status problems can push a case into slower review.
• Missing documents or RFEs: If USCIS thinks something is missing or unclear, it sends a Request for Evidence (RFE). Your answer, and the agency’s second review, can add several extra months.

Full H-4 EAD Journey: Step-by-Step Timeline

Step 1: Preparing to file (2–4 weeks)

Before you send anything to USCIS, gather all key documents:

• Passport and H‑4 I‑94 record
• Marriage certificate to the H‑1B worker, with certified translation if not in English
• Copy of the H‑1B worker’s approval notice and recent pay records
• Your past EAD cards, if you held work permission before

Most families spend 2 to 4 weeks pulling everything together, fixing any name or date differences, and checking that every form line is complete. You or your lawyer then prepare Form I-765, and, if needed, Form I-539 to extend H‑4 status.

Step 2: Filing and receipt notice (2–6 weeks after mailing)

Once USCIS receives your package, it issues a receipt notice with a case number. This usually arrives 2 to 6 weeks after mailing or online submission.

From this point, you can track your H‑4 EAD case on the USCIS case status page.

Step 3: Normal processing window (2–8 months from receipt)

Most applicants fall into this phase, where nothing seems to happen from the outside. During these 2 to 8 months, officers review your forms, run security checks, and decide whether they need an RFE.

Step 4: RFE or status checks (adds 2–6+ months)

If USCIS sends an RFE, you’ll see this on the online case status and by mail. You must answer fully by the deadline on the notice; lawyers often suggest sending the response well before that date.

After USCIS receives your RFE response, extra review can add 2 to 6 months, sometimes more.

Step 5: Crossing the 12‑month line

Once your H‑4 EAD has been pending for more than 12 months, you have moved outside normal timelines and should act.

Targeted Steps When Your H-4 EAD Exceeds 12 Months

Follow these practical, prioritized steps when your case is past the 12‑month mark.

1. Check online status and mail carefully

• Log in to the USCIS case status page weekly using your receipt number.
• Look for any RFE, notice of action, or decision that you may have missed.
• If you moved after filing, make sure you filed an address change using the USCIS online change of address tool.

2. Open a service request with USCIS (1–4 weeks for a reply)

• Call the USCIS Contact Center and ask to place a service request because your H‑4 EAD has been pending more than 12 months.
• Document the date, the officer’s name (if given), and any reference number they provide.
• USCIS often answers service requests within 1 to 4 weeks, sometimes with a simple status update, sometimes by moving the case.

3. Consider an expedite request for urgent hardship

If the delay causes severe financial loss, medical risk, or other compelling problems, you or your lawyer can ask USCIS to expedite.

Acceptable evidence can include:

• Job offer letters or employer statements about risk of termination
• Pay stubs or proof of lost wages
• Medical records showing urgent treatment needs
• Proof of bills or debts you cannot pay

Expedite requests are hard to win, but in clear hardship cases they can shorten a long wait.

4. Explore a mandamus lawsuit for extreme delay

When USCIS still does not act after service and expedite requests, some families file a federal “writ of mandamus” case.

• This lawsuit asks the court to order USCIS to make a decision (approve or deny), not to instruct approval.
• Because this step can be costly and complex, speak with an experienced immigration attorney who has handled delayed H‑4 EAD cases.

5. Use the automatic extension for timely renewals

For people filing H‑4 EAD renewals, a key safety net exists:

• If you file your renewal before your current EAD expires, and you qualify under the rule, your work permission can automatically extend up to 540 days or until your H‑4 I‑94 expires, whichever comes first.
• This rule has been in place since January 13, 2025, and protects many workers from job loss while USCIS processes their renewal.
• Keep copies of your prior card, your timely filed I‑765 receipt, and your I‑94 to show your employer’s HR team.

Important: The automatic extension is conditional on timely filing and other eligibility requirements. Always retain documentation and share it with your employer.

Practical Planning Tips for Current and Future H-4 EAD Holders

Even while you push USCIS to act on an overdue case, take steps to reduce future risk. Clear records and early action often make problem-solving faster and easier.

File renewals as early as the rules allow

• USCIS lets you file many EAD renewals up to 180 days before the current card expires.
• Using that full window gives the best chance that the automatic extension will cover any extra delay.

Bundle with H-1B extensions when possible

• When the H‑1B worker files an extension or amendment, talk with the employer’s attorney about bundling the H‑4 and H‑4 EAD filings.
• Although the Edakunni v. Mayorkas settlement has ended, many lawyers report that filing all three forms together still helps officers see the family as one unit.

Work closely with employers and HR teams

• Share USCIS receipts, automatic extension rules, and any service request proof with your employer as early as possible.
• Keep HR informed with copies of:
  • I‑765 receipt notice
  • Prior EAD card
  • Current I‑94

Helpful Reference Links

• USCIS Form I-765: https://www.uscis.gov/i-765
• USCIS Form I-539: https://www.uscis.gov/i-539
• USCIS Form I-129: https://www.uscis.gov/i-129
• USCIS case status: https://egov.uscis.gov/casestatus
• USCIS change of address: https://www.uscis.gov/ar-11
• USCIS employment authorization policy pages: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees

For official details on current EAD rules, always check the USCIS policy pages above and speak with a qualified immigration attorney about your specific H‑4 EAD situation.