Please help me with my below case for applying H4-EAD for my wife.
Case - My I-140 just got approved and I want to apply H4-EAD for my wife.
She has a valid H4 Visa stamp on her passport till March 2020 but did not travel to US on that visa still, so there is no valid I-94 for her as of now.
Ques 1: Does she need to physically come to USA before her H4-EAD can be filed?
I believe the answer for this question as per this forum is YES.
Ques 2: If yes, Is there a time limit till when she has to be present in USA after the H4-EAD application is filed or can she travel back to India immediately after filing (for some of her urgent commitments) and wait for EAD approval? Will there be any negative impact on her application if she returns to India?
As per USCIS website guidelines, “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.”
Ques 3: If she returns back to India, will her H-4 status be lost even when her H4 Visa stamp would be valid till March 2020?
What is exactly meant by valid H-4 status? Does it accrue only when an H4 Dependent is in United States or H-4 Status is still valid when a dependent is out of US but the principal H-1B beneficiary maintains the status?
Ques 4: If there is an RFE on her H-4 status during her EAD application processing, what would be the course of action to respond to that RFE ? Does she need to come back again or can I (being in USA still) reply with the needed documents (what are those??) to prove her H-4 status ?
Appreciate your responses.