Do my spouse have to be present in USA to submit I-765 for H4 EAD?

[skanth_78]

Hi,

 

My wife is travelling to India and will be returning to USA by the end of June, as USCIS will start accepting I-765 starting from 26 May 2015, I was wondering if I can file the I-765 on her behalf when she is out of country.

 

Please note I'm on H1-B with my I-140 approved in 2013, wife is on H4 since then.

 

Many thanks in advance for your help.

[jairichi]

No. A valid I94 is needed to file H4 EAD application.

[rahul412]

No you cannot, person should be in US while applying.