At the VSC Stakeholder conference on November 7, 2011, representatives from the I-129 and I-539 product lines confirmed that VSC will reject the I-765 application for employment authorization if it is filed more than 120 days prior to the expiration of the current Employment Authorization Document (EAD) (AILA Doc. No. 12011867). Therefore, although the I-129 and I-539 can be filed up to six-months before the current status expires, applicants should wait until the EAD is within 120 days of expiring before filing the I-129, I-539, and I-765 concurrently. The same rule applies if just the I-539 and I-765 are filed separate from the I-129.
