I have filed the EAD and change of status from F to H4B at the same time with my spouse's H1B petition. (Since my spouse has an approved form i-140, I am eligible for EAD as the H4B)
My question is, is it possible for EAD to arrive before the approval of H4B? Since they are different forms and processing time of i-765 is less than that of i-539, is it possible that EAD gets processed before COS? Or they will wait to see the results of COS, and if approved they will start processing the EAD?
Yes, it is possible for the EAD to be approved before change of status is approved.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Although it is possible that the EAD will arrive sooner, in most cases the COS and EAD are approved together.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Can EAD arrive earlier than the Change of Status?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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