My wife applied her I765 renewal in the month of May 2021 as her EAD was going to expire in July. Unfortunately the application is not yet adjudicated. In the mean time I filed my I129 (L1 extension of stay) and my wife’s I539. As I filed my I129 in premium it got approved in a week and i have my approval notice with me. Still my wife’s i539 is pending. Now my questions are as below
Should my wife wait till her i539 approval for filing a new i765?
From the forum I understood that she can file her i765 even when her i539 is pending. If that is true, should she file a new form or she can amend the i765 which was filed in May.
3.If we file a new form what all documents we have to submit?
Where should we send the form? California service center (where the i539 is pending) or the Arizona lockbox where we usually send i765 form.
This depends on whether she is already working and want EAD asap or otherwise and can wait.
There is no way to amend and she should file a new I-765. You can attach the copy of H4 EOS receipt with other supporting documents for the new EAD application.
When filing filing standalone I-765, send it to the I-765 filing address as it applies to you, refer below link.
Only when filing with EOS application, you newd to send both applications to the I-539 address.
You already filed EAD in past so should be the same list.