Helpful hands Posted May 7, 2015 Report Posted May 7, 2015 I am on H4 visa since Oct 2012. My H4 visa was expiring in Feb 2014 so I applied for extension in Jan 2015. My application is still pending so if I don't receive decision by May 26 (H4 EAD filling date), am I eligible to file EAD with pending H4 extension application?
jairichi Posted May 7, 2015 Report Posted May 7, 2015 Yes. While sending all required documents also include a copy of H4 extension receipt notice.
Helpful hands Posted May 20, 2015 Author Report Posted May 20, 2015 Based on FAQ posted today, I can file H4-EAD on May 26 with I-539 receipt but I have to wait till H4 Extension approved then USCIS will consider my H4-EAD Application. Am I right? What if my Form I-539 for H-4 status is still pending on May 26, 2015? Can I file Form I-765 immediately? Will USCIS match my Form I-765, Application for Employment Authorization to my pending Form I-539? If you have filed a Form I-539 and it is still pending on May 26, 2015, we encourage you to wait until your Form I-539 has been adjudicated before filing a Form I-765. This will prevent delays in the adjudication of your Form I-765. Additionally, because we anticipate a high volume of filings, we cannot guarantee that we will be able to match your Form I-765 with your Form I-539. http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses
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