Travel on H4, Apply H4 EAD, and Then return after applying

[chakde_p]

Hi,

 

I am H1B with I140 approved and working in US. My spouse is working outside US but has a valid H4. 

Questions -

 

1. Is it true to say that to apply for H4 EAD, the spouse on H4 must also have a valid I94 and residing in US?

 

2. Can my spouse comes on H4 on say 24th May, get I94, submit application for H4 EAD on 26th May and return back to home country after couple of weeks of applying? Would it disqualify the H4 EAD application?

 

3. Basically does H4 person needs to be in US throughout the period when H4 EAD application is submitted till one gets the EAD approved?

 

 

[jairichi]

1. Yes.

2. I think she can. There might be a need for biometrics similar to L2-EAD. But, check with attorney.

3. Refer 2.

[rahul412]

Yes, person should be in US. Because EAD is not a status its just work authorization which is given based on valid I94.

[shoba2h]

I agree.  Based on the information I've seen so far, the person should be in the US.  One of the required documentation is the i94 which is given on entry.