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How to Respond to a RFE While Outside of the U.S.

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  • 11-22-2015, 09:45 PM
    sanjay.sinha84
    How to Respond to a RFE While Outside of the U.S.
    I just received my I-140 approval and am planning to apply for my wife's H-4 EAD next week. She will travel to India from 12/25/2015 to 3/1/2016. After she has left U.S.A on 12/25/2015, lets say I receive an RFE from USCIS about re-submitting her photographs which is one of the TOP reasons for H-4 EAD RFE. In this case, I can ask her to send her new photographs from India through expedited shipping and I will respond to RFE within 1 week once I get her new photos. Below are my queries related to this:

    1) Will USCIS raise any red flags about my wife not being present in U.S.A WHILE I am responding to RFE?

    2) USICS.gov website mentions in their FAQ section that travelling while I-765 is pending may cause delays in I-765 approval. Is there any other risk of travelling while H4 EAD is pending?
  • 11-23-2015, 09:04 PM
    Mr. Knowitall
    Re: How to Respond to a RFE While Outside of the U.S.
    If she's already in H4 status when she leaves the U.S., there's no requirement that she remain in the U.S. for her application for EAD to be approved.
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