H4 EAD pending for more than 5 months

[aarti_jl]

I work in a local government agency with an H4 EAD since 2015, that was valid till April. An attorney advised to apply for H4 extension & EAD renewal together well ahead of time and we did so in Oct 2018, 31 Oct 2018 receipt date. I had to travel to India in Nov 2018, even when we asked the attorney about it I was advised to apply. 

Now the case is still pending with USCIS even after 5 months of applying. I strongly believe that it is because of the travel this has been affected [https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#_While_Waiting_for]

I need advise on what I can do now? Can I apply a fresh I765 for the EAD while the older case is still pending?

[shekar11#]

21 hours ago, aarti_jl said:

I work in a local government agency with an H4 EAD since 2015, that was valid till April. An attorney advised to apply for H4 extension & EAD renewal together well ahead of time and we did so in Oct 2018, 31 Oct 2018 receipt date. I had to travel to India in Nov 2018, even when we asked the attorney about it I was advised to apply. 

Now the case is still pending with USCIS even after 5 months of applying. I strongly believe that it is because of the travel this has been affected [https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses#_While_Waiting_for]

I need advise on what I can do now? Can I apply a fresh I765 for the EAD while the older case is still pending?

Your original application will be void since you travelled out of country after applying. You can apply again but processing times are really lengthy.

[h1b2va]

On 4/18/2019 at 1:47 PM, shekar11# said:

Your original application will be void since you travelled out of country after applying. You can apply again but processing times are really lengthy.

Here is what happenned in my case : my H1 to H4 COS ( I 539 )  receipt was dated Oct 24th 2018 .. My EAD application ( i 765)  was dated Jan 15th 2019

 since COS never came in I lost patience went to India and got H4 stamped  on apr 10th 2019 and came back in immediately and re applied fr EAD  with h4 I 94 ( paid another 410 fr applying using money order )

 

My COS was denied  on Apr 12th 2019 since I left the country while COS was pending , however just yesterday( Apr 18th 2019) the accompanying EAD appln from Jan 15th was approved , the status says your Card is being ordered and will be mailed  !!! 

 

My question is  (i) what happens now of this new application for EAD ( receipt not received yet ) ,is there a option fr refund at all

(ii) Is it possible that this approval decision on old EAD application is a false positive , since it was tied to the COS application which got denied ?

[shekar11#]

On 4/19/2019 at 5:04 PM, h1b2va said:

Here is what happenned in my case : my H1 to H4 COS ( I 539 )  receipt was dated Oct 24th 2018 .. My EAD application ( i 765)  was dated Jan 15th 2019

 since COS never came in I lost patience went to India and got H4 stamped  on apr 10th 2019 and came back in immediately and re applied fr EAD  with h4 I 94 ( paid another 410 fr applying using money order )

 

My COS was denied  on Apr 12th 2019 since I left the country while COS was pending , however just yesterday( Apr 18th 2019) the accompanying EAD appln from Jan 15th was approved , the status says your Card is being ordered and will be mailed  !!! 

 

My question is  (i) what happens now of this new application for EAD ( receipt not received yet ) ,is there a option fr refund at all

(ii) Is it possible that this approval decision on old EAD application is a false positive , since it was tied to the COS application which got denied ?

That is good news. You can use the approved EAD. When USCIS processes the new EAD application they will reject it saying you already have a approved EAD.