H4 EAD application after online filing of I-539


I intend to file change of status from H1 to H4 (I-539) and H4 EAD (I-765) concurrently.

But I filed I-539 online and realized that I-765 is not online form.

Now that I already filed I-539 form, is it possible to file I-765, while I-539 is pending?

thank you.

Hi Anil,

I have few questions, if you could clarify it would be great.

My H1 extension was recently approved under premium, I am yet to get Approval Notice. Based on my attorney’s notification, it is approved for 3 years. My spouse, on H4, was in India and travelled to US after the H1 extension was approved. Since, we could not get visa appointment, my spouse traveled with the old stamping; due to expire on 15th Sept 2020.

I need to get H4 extension filed pretty soon, so my first question is - can I file H4 extension online? I do see your blog Sample i539 Form Extension, Documents (B1/B2, H4 COS) - USA, but the instruction in USCIS website says something contradictory - “You can apply to reinstate your student status, extend, (if you already hold the status), or change to the following statuses:” - this mean only Student visa holder can use online service to file for extension?

Assuming, online filing is allowed, my spouse passport expires next year in Oct 2021. And I am aware that I-94 could be given only till then, not 3 years. If this is true, my next question is - is it advisable to file for H4 EAD extension at the same time as H4 Extension OR wait for passport renewal and then apply for H4 EAD ext?

I believe, H4 EAD will also be given until passport expiry, right? So, when I get the passport renewed I will have to apply for H4 EAD extn again, this will mean I will have to spend the filling fee twice and this time there will be biometric again?

I now hear that US Consulate in India are now accepting dropbox for visa stamping, so my next question is - is it advisable to travel back to India again now, get H4 stamped and then travel back to US, file for EAD? Processing times for H4 and EAD is crazy. Based on my situation, the filing location is Phoenix, does it mean it belongs to California Application Center?

I would really appreciate if you could respond to these queries at the earliest.

thank you!