barua

All,
My spouse has applied for her EAD and is back to UK to serve notice. It's a month and half since she left and will join back in another month.
Is there a time period beyond which you cannot be out of US for L1 visa renewal purposes or for Green card purposes.
Any absence that might impact later?
thanks,
Barua

Noorah101

If one has a green card, yes. But she does not, so no.

Rene

d.j.and80

I didnt think you were allowed to leave the US while you have a pending EAD application - When I moved to California last October my wife went back to the UK until mid November but our immigration lawyer said she couldnt apply for the EAD until her return? slightly off topic but just wondering

scrubbedexpat099

Use AP.

Orangepants

You cant leave whilst you have a pending adjustment of status. You can if you really must using AP card. I don't think the poster isn't adjusting, he is on a visa.

ian-mstm

An EAD is for employment authorization. There are no travel restrictions while it's pending.


The lawyer was wrong.

Ian

d.j.and80

I stand corrected.

barua

Thank you. I got worried for a while reading the answers.

d.j.and80

I'm really sorry for worrying you there, I was only relaying information that Fragomen gave me and my wife. They said my wife couldn't apply until she was in the US permanently which delayed things by a couple of months for us. It was more to do with I-94 status I believe than actual travel restrictions and the potential of EAD application abandonment.

If I was you I would maybe call the USCIS to be on the safe side.

ian-mstm

You mention "EAD application abandonment" and I'm pretty sure that's not what you mean. The EAD, as mentioned earlier, is permission to work. It is not permission to live in the US. That would be covered by the AOS paperwork. The EAD is part of the AOS paperwork, but only one small part.

This entire conversation uses the term EAD when, in fact, I think the OP and others are asking about AOS. The terms are not interchangeable. I think many posters in this thread are confused about what they're actually talking about.


Oh dear god - please never suggest anyone call USCIS for clarification. It'll only make things worse because they'll get either a nebulous answer at best, or a wrong answer at worst.

Ian

d.j.and80

I never said anywhere that the EAD has anything to do with living in the states - its employment authorization - I am on a L1B visa so my wife is an L2 like the OP (making an assumption there) I was talking only in regards to the EAD I-765 application and the information I was told. I thought that was the idea of forums that people share their experiences, like i originally said, it was Fragomen that told me this information - not sure why a globally recognized company like that would lie so there must have been a reason for this information, hopefully for the OP its misinformation though.

I would recommend talking to your immigration attorney if you have one just to make sure - I agree that the USCIS is pretty useless but who else can you turn too

fbf2006

My initial understanding was that since she has already come into the US as an L2, she can apply for an EAD card now (as she'd have the necessary documentation needed for the application). Once you're not physically in the US though, you are not on any immigration status. I think the point here is that since she's currently not here, she can't apply for the EAD as she currently has no status. I got the below from the USCIS H4 EAD Q&A, which should apply here.


3. Do I need to be in the United States to apply for employment authorization based on my H-4 status?
Yes, you must be in the United States to apply for employment authorization. You must be in H-4 status to be eligible for employment authorization, and an individual outside of the United States cannot be in H-4 status.

fbf2006

She couldn't apply when she was out of the US because she has no status when outside the US. If she came in, applied, and then left, while the EAD application was pending, that would have been fine.

d.j.and80

It may have been me not fully applying the answer from Fragomen to the correct contexts - my situation was my wife moved to California fully a month after I moved out but she came out with me to visit for a week then returned for a month - we couldnt apply until she returned, but from what people are saying she could have applied while back in the UK after her visit.

I stand corrected of course and even the trusty Google search has no information on this which suggests there is no issue as well. :-)

fbf2006

No. She could have applied when she came to visit (and was therefore inside the US), as long as she came on an L2 visa at that time.