Can My I-765 Be Approved While My I-539 Is Pending?

Overview of I-765 and I-539 Applications

When dealing with visa and status changes, questions often arise about the interplay between different applications. One common inquiry is whether an I-765 Application for Employment Authorization can be approved while an I-539 Application to Extend/Change Nonimmigrant Status is still pending. This article aims to clarify this issue and provide valuable insights for individuals navigating the U.S. visa application process.

Independence of I-765 and I-539 Applications

The approval of an I-765 Application for Employment Authorization is independent of the status of the I-539 Application. This means that even if your change of status application (I-539) is still pending, the employment authorization application (I-765) can be processed and potentially approved. However, it is important to understand that your eligibility for employment authorization is based on your current legal status and specific circumstances in your case.

Eligibility for Employment Authorization

For an I-765 filing, eligibility for employment authorization is determined based on your current status. If you are in a category that allows for employment while your change of status is adjudicated, the I-765 can be approved. For example, certain nonimmigrant visa holders, such as H-1B workers, have the ability to work during the period of adjudication of their H-1B change of status.

It is crucial to provide all necessary documentation to support your eligibility for work authorization. This may include proof of your current legal status, evidence of the pending change of status application, and other relevant documents required by U.S. Citizenship and Immigration Services (USCIS).

Circumstances and Consultations

Specific circumstances can affect the approval process. If you have any concerns or complex situations, it may be beneficial to consult with an immigration attorney who can provide tailored advice and assistance. Attorneys who specialize in immigration law can offer valuable guidance on how to best navigate the application process and what additional documentation may be required.

Where to Get Help

If you need more detailed information or assistance, the Norris McLaughlin's Immigration Group can be reached through the provided link. Their expertise can help clarify any doubts and ensure that your application is handled correctly and efficiently.

Furthermore, it is important to stay informed about any changes or updates to the USCIS policies and procedures. Regularly visiting the USCIS website or consulting with experienced legal professionals can provide you with the latest information and guidance.

For more support and detailed guidance, please do not hesitate to reach out to Norris McLaughlin’s Immigration Group. They are dedicated to helping individuals and organizations through the complex process of immigration and visa applications.