H1 to H4 visa status change and concurrent filing of EAD with H4

[harishkumarms]

Hi
Can someone help with this information?
1. File I 539 for my spouse's for a status change from H1 to H4 and concurrently filed I-765 EAD application on June 19, 2015.

2. Received a I-797 receipt for both I539 and I765 almost within a week or two of filing.

3. It is Sep 13, 2015 but have not received any final decision on the I 539 H4 application though the standard processing times for vermont service center says 2.5 months. When we called the USCIS NSC line, they notified us about the processing delays for I 539 H4 status change by 45 days. Unfortunately the timing of the final decision on the H4 application will have an effect on the I 765 EAD since EAD processing SLA of 3 months will not kick in until the H4 COS is approved.

The first question is - my spouse has already officially resigned from her current employment and is finishing up her notice period by Sep 18, 2015. In this situation of processing delays, will she be out of status from Sep 19 onwards until she receives an approval notice for her change of status to H4? If so, can she request her current employer to not terminate her H1 until she receives her approved H4 even though she will not be working for them or getting paid?

The second question is - since her EAD application will only be reviewed after a final decision is made on her H4 application and she is planning to travel abroad to India for a month or so starting December 2015, will this impact her EAD application that will most likely still be work in progress with the USCIS? Is she supposed to stay all along within the US until a final decision is made on her EAD?

Thanks

[shervin143]

The first question is - my spouse has already officially resigned from her current employment and is finishing up her notice period by Sep 18, 2015. In this situation of processing delays, will she be out of status from Sep 19 onwards until she receives an approval notice for her change of status to H4? If so, can she request her current employer to not terminate her H1 until she receives her approved H4 even though she will not be working for them or getting paid?
>>> No. She will not be considered out of status since the H4 COS was filed before her last working day. She can stay until a decision is made on her case.

The second question is - since her EAD application will only be reviewed after a final decision is made on her H4 application and she is planning to travel abroad to India for a month or so starting December 2015, will this impact her EAD application that will most likely still be work in progress with the USCIS? Is she supposed to stay all along within the US until a final decision is made on her EAD?
>>> She cannot leave while a COS is pending with USCIS. The COS may get denied if she leaves and EAD will also get denied subsequently.