Just wondering if people with i797C for H4visa can apply for EAD or should they wait until the application process is done.

· · 0 views
I have a question wondering if you could clarify. We have an approved i140 and my husbands h1b is expiring this September and we have applied for h1 & h4 extension, I received my i797C receipt too. I see that the EAD would be valid only until the validity of my h4 which as of now is until September 2015. I was wondering if I can still apply for h4ead while my h4 extension is under processing with approved receipt number or should I wait until a decision is made on the extension. In that case is my approved i140 not of any help? Please clarify..
Thanks a lot for your suggestion. Appreciate your time and input...

3 Attorney Answers

Best Answer
On May 21, 2015 USCIS release FAQs which dictate that if you have a FORM I -539 pending you will need to wait until your FORM I-539 has been adjudicated before filing a FORM I- 765.
Best Answer
When the I539 is adjudicated then you can file for the EAD. It is not permitted to prefile according to the USCIS advisory
Best Answer
You can file however it will not be adjudicated until extension is granted.

Sign in to answer this question.

Sign In or Sign Up as an Attorney