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Leaving the USA after Applying for an H4 EAD: What You Need to Know
Leaving the USA after Applying for an H4 EAD: What You Need to Know
Many visa holders find themselves in the challenging position of starting the application process for an H4 EAD (Employment Authorization Document). The good news is that individuals on an H4 visa can still travel outside the United States while processing their application. However, it is crucial to maintain proper maintenances of their immigration status during this period.
Can You Leave the USA After Applying for an H4 EAD?
Yes, you can leave the USA after applying for an H4 EAD. The application process can continue even when you are outside the country. It is important to ensure that you are following all the necessary guidelines and attending any required appointments. This flexibility can be beneficial for travel and personal reasons, but it comes with specific conditions.
Immigration Status and Travel Restrictions
While you can still travel outside the United States while your H4 EAD application is pending, it is essential to understand the implications of your visa status at all times. If you have an undischarged debt or are subject to a final order of removal, traveling outside the country may have significant adverse effects on your ability to return.
Impact on I-539 Application
It is worth noting that if you have a pending I-539 Change or extension of status, leaving the USA while your case is pending may negatively affect your I-539 application. Therefore, it is imperative to consult with an immigration attorney or the USCIS's official guidance before making any travel plans.
Procedures and Considerations for Leaving While Applying
Whether you choose to travel during the application process, there are several key points to consider:
Keep Your Application Up-to-Date: Ensure that all necessary forms and documents are submitted promptly and accurately. Attend Appointments: If you are required to attend any interviews or appointments, make sure to keep these dates and travel plans in mind. Understand Travel Categories: The EB jLabel system categorizes travelers into three main groups: Those seeking admission, those seeking readmission, and those who are not seeking admission or readmission. Your visa status and type of travel will help determine which category you fall under. Check Eligibility: Confirm your eligibility based on the type of visa and the purpose of your travel to avoid any complications. Consult Expert Advice: Seek the advice of an experienced immigration attorney to navigate the complexities of your visa status.Elligibility and Rights During Travel
As long as you follow the guidelines and continue to meet the maintenance of status requirements, you can travel while your H4 EAD application is pending. This is a period of ambiguity where you should remain vigilant about your visa status and ensure compliance with all USCIS requirements.
Conclusion
While you can leave the USA after applying for an H4 EAD, it is crucial to maintain your immigration status and follow all the necessary guidelines. By doing so, you can continue to process your application without any disruptions. For detailed guidance and advice, consider consulting with a professional immigration attorney or referring to official USCIS resources.
FREQUENTLY ASKED QUESTIONS
Q: Can I travel to Canada with an H4 EAD application?
A: Yes, you can travel to Canada while applying for an H4 EAD. However, you should check if the Canadian border authorities will issue you a Return Temporary Resident (RTR) permit, which allows you to return to the United States if needed. Plan accordingly to ensure a smooth re-entry.
Q: Is it possible to travel within the USA while applying for an H4 EAD?
A: You can travel within the United States while processing your H4 EAD application. Ensure that your travel plans do not conflict with the need to attend any required appointments or interviews.