Filing I-765 while the I-539 is pending

Question details

I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.


See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

The reason that they do it that way is because then they are constrained to a 90 day deadline. If they start adjudicating both together the moment they open the I-765 they got 90 days. If they start doing both together they may not be able to meet the deadline. They already have the trouble meeting the deadline of 90 days for EAD cases. Government is discouraging you to file I-765 while the I-539 is pending. They say file either both together or wait till the I-539 is approved. Then file your I- 765.

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