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Immigration Issues/H4 and working overseas


I have few queries and I request your response.

Fyi: My H1B visa was not picked in lottery this year and now I am exploring the option to go to Canada and work there till my H1B / H4 EAD issue is resolved.

1) If I apply for my H4 (based on my husband's H1B) now and the visa is approved, can I go to Canada and work there based on my Canada Permanent Resident (expiring in December 2015) status? Will working in Canada have any impact on my H4 status?

2) Will I be able to travel to the US on my H4 during the time I plan to work in Canada?

3) If I travel back to the US after a few months (in September 2015 when I will be eligible to apply for H4 EAD based on my husband's status), apply for my EAD and go back to Canada to continue with my job, will there be any impact on my H4 status or EAD application?

Please note that after my EAD is approved, I plan to come back and work in the US.



Thank you for asking questions. I will try to answer to each question:

1) As long as your H4 visa is valid, you can stay abroad. If your H4 visa expires, you will simply apply for a new visa. I donít see working in Canada will have whatever impact on your H4 status. If you decide to work in Canada, you donít need your H4 visa.

2) As long as your H4 visa is valid, you can travel to the US during the time you work in Canada.

3) According to USCIS, while your Form I-765 (EAD) is pending, you may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 non-immigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, USCIS may need additional information to make a decision on your Form I-765 or may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, USCIS may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if USCIS needs to reschedule your appointment at an Application Support Center.

Hoping that my answers were useful to you, I wish you good luck and success.

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