Applying for EAD without form I539

[magar36]

Hello,
I got my H1B extended in Feb 2021 (based on approved I140 since I had maxed out 6-year period). My wife and I then traveled to India and got our visas stamped. While I was in India, we received a notice for biometric for my wife for her H4 visa extension (since that extension is carried out separately now from H1B). Since she could not go for biometric as we were in India, I asked my employer's visa team about it. They informed that I could withdraw her extension request (which is basically a signed confirmation from h4 visa holder for withdrawal). We did as asked and later received a confirmation from employer's visa cell that USCIS had provided acknowledgement about withdrawal. Moreover, my wife's visa was already approved while we were in India so I was informed that her EAD application should not be an issue.
Now I am in the process of filling out form I765 for my wife's EAD application. Do I need to fill the form along with I539 now? Could it be an issue if I file for EAD for my wife without filling I539 as she has technically not received her extension approval yet even though her visa is already stamped and is valid until my petition expiry date?

[rkk09]

Hi,
If she got H4 visa approval, with the help of H4 visa stamped page, she can apply for EAD request.. Its not needed you will need to file both the petition together or should file I-539 in order to file I-765.
You are good to file I-765 if you got H4 visa approval. In this case, your EAD request will be fast moving.
Thanks

[magar36]

Thanks much for the response, really appreciate it.