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H4 Ead Apply When Within The Country

Discussion in 'H4 employment authorization' started by lalithaa, Apr 20, 2015.

  1. lalithaa

    lalithaa New Member

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    Hi,

    Do I have to be within the country in order to apply i-765 ? Can I keep the documents ready and someone else apply for me when I am out of USA ?
     
  2. Kamakazee

    Kamakazee Super Moderator

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    If you are not in the US, you will not have an I-94 which is one of the documents required to submit. Also, you are not on H4 status if you are not in the US. You can always apply after you come back. There is no deadline.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is far from clear right now. My feeling is that if someone holds H4 status before leaving the U.S., the departure probably will not invalidate the EAD filing.
     
  4. lalithaa

    lalithaa New Member

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    Hmm.. Thank you. Will wait until May to book my tickets :)
     
  5. Kamakazee

    Kamakazee Super Moderator

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    Ron, the thing that is not clear is if the person can leave the country AFTER applying for EAD in H4 visa. I do not think that should not be a problem as long as the person returns on the same H4 visa and is eligible to receive the EAD. The question was if a person can apply while NOT BEING IN THE US. Can a person apply from outside the US?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Right now, that issue is very much up in the air. As recently as last Friday, USCIS officials were asked about this and they declined to answer.
     
  7. Kamakazee

    Kamakazee Super Moderator

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    Hopefully they will clarify it once they post the FAQs on their website.
     
  8. lalithaa

    lalithaa New Member

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    I am confused about the portion "and meet all the admission requirements, including having a valid H-4 nonimmigrant visa"

    Based on the following FAQ released, can I
    1. only get H4 approval,
    2. apply H4 EAD,
    3. leave country,
    4. Stamp H4 visa at consulate.
    5. return to USA after receipt of EAD


    Do I need to be in the United States to apply for employment authorization based on my H-4 status?


    Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

    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.
     

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