Frequently Asked Questions - Form I-765

How many photos are required for the I-765 combo card?

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". 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.

First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community. I have a situation: I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year. Questions: 1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending? 2) How long will the petition will take to come to a decision (~estimate)? 3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again? 4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues? 5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?