EAD Application and Travel

[gcatlast]

Hi All,

Do the primary applicant and Dependent has to be in USA during the time of applying I485 and also has to be in USA during the time of approval of EAD.

My Priority date is Current and i'm planning to apply next week along with my wife as dependent,

1) Can my wife travel to India ,after we send the documents to USCIS or she has to be in USA during that time

2) Also does she has to come back to USA before they approve the EAD

I was reading some where that while you travel when AOS is pending on H1B is like abandonment of GC , is that true.

Thanks in advance

[runDMC]

If she leaves before being granted Advance Parole, she has abandoned her AOS.

[mike999]

Primary & Derivative applicant have to in US with lawful status at the time of AOS filing.

She can travel later (after FP done) if have valid visa stamping for re-enter. If she doesn't have visa-stamp then she can enter using AP, provided it was approved before her departure.