Monday, June 1, 2015

Can I travel during the pending H4 EAD application?

This question has been asked several times and we have always recommended not to travel although the USCIS FAQ says it is possible to do so
.  There are many reasons we are not recommending travel during the pending H4 EAD application but here are few of them:

1.  USCIS has implemented a new system and traveling might not only delay the case but might signify that the person is outside the United States when traveling.
2. If a Request for evidence is issued, and you are traveling you might not answer and the case might actually be denied.
3. If USCIS wants additional biographic information such as fingerprinting, you will not be available to comply.
4. If you are doing a change of status (COS) and H4 EAD, traveling will automatically cancel the COS and ultimately the H4 EAD might be denied.

For the reasons above, we have discouraged our clients to travel during the process of the case. In case they have to travel, we have actually recommended that they travel, come back and then file for the H4 work permit.

For more information call us at 510 742 5887.