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H4 Ead And Travel - Is H4 Approval Notice Enough?

Discussion in 'H4 employment authorization' started by lalithaa, May 26, 2015.

  1. lalithaa

    lalithaa New Member

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    If I only have H4 approval notice with an expired H1 visa stamp, can I apply for H4 EAD and travel out of the country ? or do I absolutely need a H4 visa stamped only my passport before applying for H4 EAD.
     
  2. msr

    msr Member

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    Check this out - http://www.uscis.gov/working-united...t-authorization-certain-h-4-dependent-spouses
    1. Can I travel while my Form I-765 is pending?

    You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

    Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

    For applying H4 EAD you do not need a H4 visa stamp. It is just enough if you have a valid H-4 status.
     
  3. lalithaa

    lalithaa New Member

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    Thanks for your reply. I was wondering if "and meet all the admission requirements, including having a valid H-4 nonimmigrant visa" meant I must be in possession of the visa already if I want to travel.
     
  4. msr

    msr Member

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    Yes, I believe so as they said " including having a valid H-4 non-immigrant visa ". As you have an expired visa it appears it will be an issue if you decide to travel.
     
  5. msr

    msr Member

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    Hi Ron,

    Is the above interpretation correct ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is much like the issue of leaving the U.S. after filing for AOS, but without advance parole in hand. The law says that you may travel without advance parole, if you have an H or L visa. Many people go abroad with nothing and then apply for an H or L visa so that they may return. In my opinion, they have abandoned their AOS applications, but the USCIS has been allowing it. Of course, for years they tolerated changing job sites with only a new LCA - then reversed themselves retroactively.

    I wouldn't leave without an H4 visa in hand - at least not until I received my EAD.
     
  7. msr

    msr Member

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    Thanks Ron. I agree with you. After filing AOS, I know few folks who argued with me about leaving US without a valid H Visa & without an AP. I told them that it would abandon their AOS applications.
     
  8. lalithaa

    lalithaa New Member

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    Thanks a ton. Clarifies for me.
     

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