In fact, U.S. Answered on Feb 17th, 2019 at 5:55 PM While a person should apply for a EAD while in the country, I am not aware of any rule or regulation that an individual cannot travel outside the country while the EAD is in process. Technically you could apply for a travel document ( advance parole ), but by the time you get it, your K1 . Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as . In summary, travel outside the U.S. after filing Form N-400, Application for Naturalization, is permitted. Michael Benton A. It is also advised to have your job offer letter on you during re-entry. Unexpired F-1 visa (except for Canadians who are exempt from the visa requirement) . Unfortunately the K1 is a single-entry visa. March 31, 2010 By Damian Tysdal. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center. We don't recommend you travel outside of the US after you finish your post-completion OPT unless you have your STEM OPT approved, the EAD card, and a job offer letter. If you will need to renew the F-1 visa in your passport while you travel, please review our visa renewal information. K-3 spouse or a K-4 child of a US citizen. Or, instead of extending your H-1B, when you file your green card application you can also file for work authorization (Form I-765, referred to as an employment authorization document or EAD) and travel authorization (Form I-131, referred to as Advance Parole or AP). This isn't set out in the law anywhere; it's a matter of USCIS policy. Answer (1 of 4): If your immigration condition is on the up-n-up, all you may encounter is to be taken into second stage of interview, while someone checks your story. I'm a J2 and have applied to my EAD, but I would like to travel to my homecountry for something like two months, cause my mother's health is in a very delicate . From point of approval, USCIS says it can take 30 days beyond to receive your EAD card; however, most cards arrive within 7-10 days after approval.In total, it is likely for your OPT application to take 90-120 days. International Travel Before Form I-485 is Approved. 3. The student must not have exceeded the maximum OPT unemployment or OPT STEM Extension unemployment time. You may or may not receive approval for pending H4 EAD. I. So, theoretically, you could stay out of the U.S. for up to a year, making sure to return before . The U.S. Yes, traveling outside of the U.S. while on an approved STEM extension is permitted. If immigration were to think you were trying to extend you stay in some way you'll be deported. Some people have received approval but for others, an RFE has been issued . Yes, you can travel out of US with your H4 EAD in pending status, provided you meet all the H4 visa requirements to re-enter US. For a family-based green card, it takes anywhere from 10 months to several years or more to process a green card. Please see the Travel Documents page for more information on the types of travel documents. By joseph / April 20, 2022 Yes, you may travel outside of the United States while your H4 Change of Status application is pending. For Students. As always, permanent residents are subject to inspection and will be required to provide valid proof of permanent residence (typically a green card) upon reentry to the United States. For a family-based green card, it takes anywhere from 10 months to several years or more to process a green card. Also she should do a case inquiry as it shouldn't take 3 years for her I-751 to be approved. And if you're I-765, EAD is approved while you are outside USA no problem but we advice is not to travel is because this can cause you delay. Keep in mind that the number of days you spend outside of the country while your EAD is valid may be counted against the regulatory limit on unemployment during the OPT period. 16.08.2019 Generally speaking, adjustment applications will need to obtain an advance parole document in order to travel outside the U.S. while their Form I-485 (the application for a Green Card, or adjustment of status) is pending. For how long I can travel outside the US while waiting for EAD? In order to travel while your adjustment of status is pending, you will need a travel document called an Advanced Parole (AP). H-1B holders traveling outside the United States with pending AOS. Citizenship and Immigration Services (USCIS) will assume that you abandoned your . Students who have their OPT approved and are working should carry the following while traveling: Passport that is valid for at least 6 months F-1 visa in passport (go to visa interview if necessary and carry I-797 change of status approval notice from USCIS. Congratulations on submitting your I-485, Adjustment of Status application!While waiting to hear back from USCIS about the status of your green card application, let's examine whether you can travel domestically in the United States without a valid green card, and before you obtain your driver's license or EAD (employment authorization document, work permit, or Form I-766). Yes, USCIS permits the concurrent filing of a Form I-140 and Form I-485, adjustment of status application. that is a whole . If you travel w/o AP and come back on your F-1 visa, both your F-1 and TPS will still be valid. And in fact you likely cannot go into F-1 status at this point because it requires that you not intend to immigrate on it at the time you get it, and you already intend to immigrate. Can I travel outside the US while my i 140 is pending? This can be useful for an employee who wishes to work with an employer other than the H1B sponsor, or who wishes to be selfemployed. Of course, re-entry to the U.S. is never guaranteed. Can I travel outside U.S. while waiting for EAD? Traveling abroad while waiting for your green card The travel document enables someone living in the US while waiting for their green card to travel abroad without having their application for a green card rejected. 1) yes this is permitted. After you graduate: No, in order to reenter the United States you must have the following: EAD authorizing OPT, valid passport, a current F-1 visa stamp, I-20 updated with employment information and a travel signature signed within the last six months, and a job offer letter or proof of employment that includes salary information. But, this may cause possible delays in their case, if USCIS need to reschedule appointment at an Application Support Center. Now, this is where it gets tedious. But, traveling outside of US may delay your H4 EAD processing QAH4 VisaImmigration to the United States of AmericaVisas (entry/exit permits)Visas to the United States of America Related Posts May 19, 2022 Caution. There are two possible situations. When applying for a family-based Read more If you are already in H-4 status USCIS says you can travel, of course you will need a visa to enter. While you are waiting approval for asylum, you can leave the United States. Can I leave US while waiting for citizenship? the length of I-94 also does not affect the EAD length E Emma HOct 25, 2021 i-94 does affect EAD length for E2 visas. This means once you enter through a port of entry, it is essentially useless. With an approved OPT application and your EAD card, you may travel internationally, and request entry into the U.S in F-1 status when you return, both before or after the start date on your EAD card. Can I travel inside the US while waiting for green card? Yes, travel within the US with a valid EAD card is possible. Fluent in 7 languages. For a family-based green card, it takes anywhere from 10 months to several years or . While you are waiting for your application for permanent residence (Form I-485) to be processed, you must be careful about traveling outside the United States. If you did travel outside the USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application. Travel outside of US while waiting for AOS results with EAD/AP Sign in to follow this . A student who would travel outside the U.S. and want to re-enter after their program completion date will require the OPT application to be Approved, have received the Employment Authorization Document (EAD) card, and have a job offer letter in order to return to the U.S. on or after the start date on the EAD card. Answer (1 of 2): Well from the brief research I would do I see problems. A pending or approved petition I-485 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status. Submit a case inquiry if you think your application is outside of our normal processing times. Go to our Case Status Online page and use your Form I-485 receipt number to look up your case status. Proof of full vaccination and negative COVID-19 test checked by airline pre-departure. A valid DSO signature for reentry on page 3 of your OPT I-20. The reason they give for delays is what if they issue . As of now, you are safe to travel outside of the US with your EAD/AP, however, your AOS interview is before your planned travel. However, F-1 students with EAD solely due to a STEM-OPT extension can only work for an employer who has enrolled in E-Verify. While traveling back to USA international students need to carry documents like valid OPT card (EAD), valid passport, valid f1 visa, I-20 with a travel signature signed within the last six months, employer or job offer letter (not required but recommended), to make sure that they meet the immigration admission requirements for F-1 status. If you leave the U.S. without the necessary travel documents, there's a chance that the USCIS may abandon your application. Unexpired passport. It's best to avoid leaving the country while on a K1 visa. Multiple employers are permitted, but each employer must be enrolled in E-Verify. The applicant wanting to travel outside of the U.S. must, however, complete the application and Green Card . I-20 with OPT recommendation and an unexpired travel signature (signature valid for six months when on OPT). This is because being outside the U.S. during the processing of a benefit could be considered abandonment of your petition. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. These documents will allow you to work in and travel outside of the U.S. while . Traveling abroad while awaiting your green card The travel document allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application. Complete the Vaccine Travel Assessment to confirm you have what you need. If, for some unforeseen reason, you are denied. Yes, you can, after your finger print appointment. Advance Parole is normally granted for multiple entries into the U.S. and for the time period required to complete the adjustment of status application, not to exceed one year. It is only valid the length of your i-94, I am also an E2 and always been linked to when you last left the country. The reason they give for delays is what if they issue an RFE. In general, travel is not recommended when an individual has a request pending with USCIS. It may take up to three months for USCIS to approve the I-131 and I-765 applications. Followers 0. . You can only remain outside the United States, however, as long as you re-enter the U.S. before the expiration date printed on your travel document. If your I-485 Adjustment of Status application is pending, traveling anywhere outside the United States (including brief trips to Canada or Mexico) can lead to the denial of your Form I-485. It does not allow you to leave the country and re-enter. QAEmployment Authorization Document (EAD)Immigration to the United States of AmericaResidenceThe United States of America Related Posts There are no guarantees that a new F-1 travel visa will be reissued. When applying for a family-based green card, the processing time can range from 10 months to several years or more. You can travel and your pending I485 (with or without Advance parole) will not be abandoned if you have one of these visa types to re-enter the USA: Work visas like H1B and its dependent H4, L-1, and its dependent L2. In general, an F-1 student on post-completion OPT may travel outside the United States temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. May take up to three months for USCIS to approve the I-131 and I-765 applications visa... Spouse or a K-4 child of a Form I-140 and Form I-485, adjustment status. 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