H4 EAD documentation after submitting application

[ker2usa]

My wife had originally submitted a change of status from F1 to H4 (I-539) and application for EAD (I-765) concurrently. While her change of status to H4 was in process, she had to travel and returned with an H4 stamping on her passport. Can I submit proof of H4 visa stamping to USCIS via mail and expect them to add it to the I-765 application? I realize the change of status application I-539 will become abandoned since she traveled while it was in process. Thank you!

[shervin143]

H4 visa stamping will have no impact. Her EAD can also get abandoned since she traveled outside while it was under process. In which case, you will need to refile it.

[ker2usa]

H4 visa stamping will have no impact. Her EAD can also get abandoned since she traveled outside while it was under process. In which case, you will need to refile it.

Thank you Shervin. We are refiling a new i-765 now but the old application is still not marked as denied. I wonder if I have to wait for the denial of the old i765 before filing the new one. Any suggestions? Do you know if I let it go, they will eventually mark it as abandoned and denied?

[shervin143]

You cannot file two EAD application at the same time for the same person. You will either need to wait to get a result on the first one or you will need to withdraw the first one and then file a new one.

Thank you Shervin. We are refiling a new i-765 now but the old application is still not marked as denied. I wonder if I have to wait for the denial of the old i765 before filing the new one. Any suggestions? Do you know if I let it go, they will eventually mark it as abandoned and denied?

[ker2usa]

You cannot file two EAD application at the same time for the same person. You will either need to wait to get a result on the first one or you will need to withdraw the first one and then file a new one.

I saw your comment too late. I just filed another EAD application for my wife. The original one has not yet been denied or withdrawn. Do you know at what stage of the new application they will realize that the old one is still pending? Will they realize it immediately and return the application? Or will they provide a case number for now and eventually realize that I have another application? Really appreciate your help.

[shervin143]

Hard to say. It depends on what they work. It is possible that a case number gets generated and later while the application is taken for processing that they realize there is another application.

I saw your comment too late. I just filed another EAD application for my wife. The original one has not yet been denied or withdrawn. Do you know at what stage of the new application they will realize that the old one is still pending? Will they realize it immediately and return the application? Or will they provide a case number for now and eventually realize that I have another application? Really appreciate your help.

[ker2usa]

Hard to say. It depends on what they work. It is possible that a case number gets generated and later while the application is taken for processing that they realize there is another application.

To follow up, we requested a withdrawal for the first I-765 application. This was granted pretty quickly. In the meantime, the second application had been filed. This was granted and approved two days after the first one was withdrawn. I do not know if the two were connected.