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Immigration Issues/Renew EAD or AP outside U.S.?

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Question
Can my dependent renew EAD based on 485 , if she is is not present in US ?
Can my dependent renew AP based on 485 , if she is is not present in US ?

My wife is also planning to start  in US in January but her EAD will expiring in March. She also wants to visit India. Can she start job on EAD and come back to US with her valid H4 visa ?

Answer
Hi,

Employment authorization document (EAD) can be renewed without being present in the U.S. However, advance parole document (AP) cannot be renewed if outside the U.S. unless the applicant is maintaining H or L visa status and enters on unexpired H or L visa stamp. The following link from our website is extremely helpful: http://h1b1.com/files/faq.htm#adv_parole

As H4 visa status does not allow for employment (even with EAD), she should not enter the U.S. on unexpired H4 visa stamp if she has been employed in the U.S. in H4 status earlier.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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