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Nisha Maria Alphonse

H4 EAD Process while i-539 is pending

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Can we file i-765 (H4 EAD - Spouse i-140 approval category) while my i-539 Change of Status (from H1B to H4) is still pending for approval (Receipt notice is available). Understand the adjudication of i-765 approval is based on i-539 adjudication but the question is more from filing perspective with i-539 receipt notice and no approval.

If we can file, should we file with the same location i-539 is pending to adjudicate?

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