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Traveling While H-4 EAD is Pending

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  • 11-15-2015, 08:03 PM
    sanjay.sinha84
    Traveling While H-4 EAD is Pending
    My PERM just got approved and my I-140 will be filed under premium processing by my employer's lawyer tomorrow. My 6th year H-1B expiry date is December 15,2015. I am expecting to get H-1B and H-4 extension for 3 years approved before December 10,2015 following the approval of my I-140. Based on this I have 3 queries as below:
    1) How much time will it take for my wife's H-4 EAD approval after I file it on, let says, December 22,2015?

    2) After her H-4 EAD is filed, can she travel to India? Or does the H-4 EAD needs to be absolutely approved before she can travel? She has plans of travelling to India from Jan 5,2016 to March 30,2016.

    3) If we receive any RFE for my wife's H-4 EAD and if she is not here in the U.S.A at time of receiving the RFE, will her H-4 EAD petition get revoked?

    4) Is it true that my wife can travel abroad ONLY after the FORM I-539 and the FORM I-765 are filed and approved by USCIS? If she travels after the FORM I-539 is filed , will she abandon the application?

    Thanks ahead of time!!!
  • 11-16-2015, 06:25 AM
    Mr. Knowitall
    Re: Travelling While H-4 EAD is Pending
    As you have already been told, your spouse's I-765 should be processed within 90 days of its receipt. However, as you now disclose that your wife has filed form I-539, it would be advisable for her to wait until her I-539 is processed before filing form I-765. While she may do so at an earlier date, that may cause delays in the processing of the I-765 and creates a possibility that the I-765 will not be properly matched with her form I-539.

    EAD (an Employment Authorization Document) has absolutely nothing to do with travel. It relates to being lawfully employed while in the United States.

    If your wife's petition results in a RFE, she should provide the necessary explanation of whatever it was that inspired the RFE.

    You file Form I-539 to extend or change your nonimmigrant status. If your wife leaves the U.S. while her I-539 is pending it will be deemed abandoned.
  • 11-16-2015, 10:08 AM
    sanjay.sinha84
    Re: Travelling While H-4 EAD is Pending
    Thanks for your response, Sir.One last query--- Let's say I receive my wife's H4 EAD approval by March 20,2016 and she starts working from next day after that. Now, if I switch jobs and transfer my H-1B visa to NEW Employer B on April 20,2016, will she have to abandon her H-4 EAD and wait for my new I-140 to be approved and apply for H-4 EAD based on the new I-140 of employer B OR she can continue working on her H-4 EAD that was received through Employer A as long as it is valid? What is the general validity of H-4 EAD?
  • 11-16-2015, 10:43 AM
    Mr. Knowitall
    Re: Travelling While H-4 EAD is Pending
    Her visa is derivative of yours. The question is not whether you work for one employer or another, but is whether you remain in lawful, continuous H1B status.
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