1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H4 I539 Pending Over 180 Days - Applying Ead

Discussion in 'H4 employment authorization' started by amang, May 28, 2015.

  1. amang

    amang New Member

    Messages:
    43
    Likes Received:
    3
    Trophy Points:
    8
    My husband's i539 is pending over 180 days. Is it advisable to apply ead with the receipt notice?
    Should I wait until it gets approved?
    What happens when it doesn't get approved even after 240 days limit?
    can he go to Canada to get his h4 stamped?
     
  2. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    You can apply for EAD with the receipt notice but the EAD will not be approved till the I539 application is approved. If you want to get on the H4 visa really fast, it is faster to get it stamped from outside the country.
     
  3. amang

    amang New Member

    Messages:
    43
    Likes Received:
    3
    Trophy Points:
    8
    Thank you Kamakazee. can he stay in the country until 240 days gets over? can he go to Canada to get his h4 stamped?
     
  4. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    As long as the COS application was filed before the expiry of the old date, he is fine. If he goes to Canada to get H4 stamped, he will be essentially abandoning his COS application which will result in the EAD getting rejected if it is based on the COS application. It will be better to get an H4 visa stamped and then apply for EAD based on the H4 visa status.
     
    Ron Gotcher likes this.
  5. amang

    amang New Member

    Messages:
    43
    Likes Received:
    3
    Trophy Points:
    8
    Thank you Anirban (I hope I spelled it right)!
     
  6. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Yes you did. Thank you for spelling it right.
     

Share This Page