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H-4 EAD: USCIS Warns Against Travel While H-4 Visa and EAD Applications are Pending

Posted by Ann Badmus | Mar 24, 2016 | 0 Comments

USCIS would like to remind individuals applying for a change of status to H-4 that if you travel abroad before we approve your Form I-539, Change of Status (COS) application, we will consider your application to be abandoned. This means we will deny your COS application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your COS is approved, it will be considered abandoned, along with your I-539 application. This will result in a denial of your Form I-765 even if you are re-admitted as an H-4 nonimmigrant.  If re-admitted as an H-4 nonimmigrant, you would need to file a new Form I-765, with fee, in order to apply for employment authorization.

For more information, see the FAQs: Employment Authorization for Certain H4 Dependent Spouses webpage at www.uscis.gov.

From the USCIS public engagement system on 3/24/2016.

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Ann Badmus

Principal and Managing Attorney

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