sriduniv Posted January 9, 2017 Report Share Posted January 9, 2017 Hi All, My wife's H1B transfer didn't work well. Had an RFE which finally got denied. She had to leave the country immediately because of that and she got her H4 stamped. She is in India utilizing this time for vacation and at the same time want to get the H4 EAD application done. Now, part of the requirements, it asks for either an I-94 or the H4 I-797. In her case, since its not a COS, we dont have the 797 and since she is still in India, we dont have the I-94 as well. The only thing she had at this point is her H4 visa stamping. Is that a valid document that we could use to apply for EAD or should we wait till she arrives in US and she will have her I-94? Thanks Sri Link to comment
JoeF Posted January 9, 2017 Report Share Posted January 9, 2017 The EAD can only be filed when she is in the US. Link to comment
adshah84 Posted January 9, 2017 Report Share Posted January 9, 2017 She has to be in USA to apply H4 EAD. Link to comment
sriduniv Posted January 10, 2017 Author Report Share Posted January 10, 2017 Thanks JoeF and adshah84. Appreciate the clarification Link to comment
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